HomeMy WebLinkAboutAUGUST 27, 1991 MINUTES
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
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CITY COUNCIL AGENDA
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AUGUST 27, 1991
ITEM 1. CITY MANAGER'S BRIEFING - Council Chamber 4:00 PM
A. CITY EMPLOYEE HEALTH INSURANCE
Giles G. Dodd, Assistant City Manager for Internal Services
ITEM 11. INFORMAL SESSION - Council Chamber - 5:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO EXECUTIVE SESSION
ITEM 111. FORMAL SESSION - Council Chamber - 6:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. INVOCATION: Reverend George Sweet
Atlantic Shores Baptist Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
t-. mirauira
1. INFORMAL & FORMAL SESSIONS August 13, 1991
G. GENERAL OBLIGATION PUBLIC IWROVEMENT BONDS, Serles 1991C
AWARD THE BID for $49,050,000 Sale
H. PUBLIC HEARING
1. PLANNING - RECONSIDERATIONS
a. RECONSIDERATION OF CONDITIONS in the June 9, 1986, Approved
Applications ot DONALD S. LEWIS, SR. and DONALD S. LEWIS, JR.,
t/a AUSLEW GALLERY, INC., for a Chanqe of Zo
Classification from R-1 Residenti a PD-H2
overlay TO esi ent al Distrl lonal Use
Permit for East of Di@
Road, South Boulevard on Parcel 3, Sam Jones
Estate, containing approximately 4.5 acres (BAYSIDE BOROUGH).
Deferred: August 13, 1991
b. RECONSIDERATION OF CONDITION In the October 14, 1985, Approved
Appl ]cation of STEVEN H. DAVIDSON for a Conditional Use Permit
for asnge 'am' ly dwelllng In the AG-1 istrict
at 686 Princss Mn. Road tvuNGO BOROUGH).
Deterred: November 17, 1986, December 22, 1986,
January 5, 1987, February 9, 1987
Denied Waiver: March 23, 1987
Deferred Indefinitely: December 18, 1990
c. RECONSIDERATION OF CONDITIONS in the March 12, 1990, Approved
Application of RAUCH AND COMPANY for a Conditional Use Permit
for a retirement community In behalf of @
DEVELOP ENT VENTURE On the North side of Dam Neck Road, 3,173
feet east of General Booth Boulevard, containing 201.46 acres
(PRINCESS ANNE BOROUGH).
d. RECONSIDERATION OF CONDITION In the March 16, 1987, Approved
Application of BETHEL PENTECOSTAL HOLINESS CHURCH for a
Conditional Use Permit for a church addition In behalf of
BETHEL CHRISTIAN ELLOWSHIP on he North side Of Indian River
Road, 2040 feet more or less West of New Bridge Road (1814
Indian River Road), containing 1.02 acres (PRINCESS ANNE
BOROUGH).
e. Request of BANK OF THE COMMONWEALTH for RECONSIDERATION OF
CONDITIONS in the March 26, 1984, Approved Applications for
c @ifications re sites on the East
side of Kempsville Road, @outn f Ind-lan River Road (1426 and
1436 Kempsville Road) (KEMPSVILLE BOROUGH):
FENNER V. WOOLARD, JR., JOHN E. GREEN, JR., and JUNE C.
GREEN from R-6 Residential District to B-2 Community-
Business District on a 2.93 cre prc-1;
AND,
JAMES H. REYNOLDS from 0-1 Office District to B-2
Community-Business District, on a 2.06-ace parcel.
2. PLANNING
a. Ordinance for the discontinuance, closure and abandonment of a
portion ot Cape Henry Drive running a distance of 100 feet
along the Northern boundary of Lot 35, Section 5, Part 2,
Lynnhaven Colony, being 25 feet In width and containing 2500
square feet, in the petition of THOMAS A. and ANNE M. STAFFORD
(LYNNHAVEN BOROUGH).
Deferred for Compliance: May 28, 1991
Recommendation: FINAL APPROVAL
b. Ordinance for the discontinuance, closure and abandonment of
portions of a fifteen (15)-foot alley between Lots 4 and 16,
Lots 5 and 17, Lots 6 and 18 and Lots 7 and 19, Block 23,
Croatan Beach, being 15 feet in width and containing
3000 square feet, in the petition of HELEN LEIMBACH FOOS and
HAROLD J. and HEIDI S. LEVINSON (LYNNHAVEN BOROUGH).
Deferred for Compliance: August 13, 1991
Recommendation: FINAL APPROVAL
c. Application of CAWBELL CHAPEL AME CHURCH for a Conditional
Use Permit for a church (addition) on the Northeast side of
Indian River Road, 465 feet more or less Southeast of North
Landing Road (3252 Indian River Road), containing 19,602 square
feet (PRINCESS ANNE BOROUGH).
Recommendation: APPROVAL
d. Applications of LAKESIDE CONSTRL)CTION CORPORATION for
Conditional Zonlng Classifications (PRINCESS ANNE BOROUGH):
AG-2 Agricultural District to R-7.5 Residential District on the
North side of ainters Lane at its intersection with the
Northern extremity of Townfield Lane, containing 9.616 acres;
AND,
AG-1 Agricultural District to R-7.5 Residential District
600 feet North of Painters Lane at Its Intersection with the
Northern extremity of Townfield Lane, containing 41.63 acres.
Recommendation: APPROVE BOTH APPLICATIONS
e. Application of JAHN WALLACE SUMMS for a Variance to Section 5.6
of the Subdivislon Ordinance which requires t5e provision of
sidewalk on both sides of collector streets within a
residential subdivision, on the South side of First Court Road
between Greenwell Road and Meeting House Road
(BAYSIDE BOROUGH).
Recommendation: APPROVAL
f. Application of ROCK MINISTRIES, INC. for a Conditional Use
Permit for recreatlonal facilities of an outdoor nature on the
So t@h side of Indian River Road, 4590 feet West of West Neck
Road (2865 Indian River Road), containing 100 acres
(PRINCESS ANNE BOROUGH).
Recommendation: APPROVAL
g. Application of DONALINE ACTIVITIES, INC- for a Conditional Use
Permit for a commercial recreational facility other than those
of an outdoor n
in ersectlon of ngs Roa an Shell Road
(1290 Diamond Springs Road), containing 34,281.7 square feet
(BAYSIDE BOROUGH).
Recommendation: DENIAL
h. Ordinance to AMEND and REORDAIN Section 5A.2 of the Site Plan
Ordinance re parking lot landscape requirements.
Recommendation: APPROVAL
i. Ordinance to AMEND and REORDAIN Section 502 of the City Zoning
Ordinance re dimensional requirements In R-5R Residential
District.
Recommendation: APPROVAL
j. ordinance to AMEND and REORDAIN Article 5, Section 506 of the
City Zoning Ordinance re open space promotion.
Deferred Indefinitely: August 13, 1991
Recommendation: APPROVAL
k. Ordinances to AMEND and REORDAIN the City Zoning Ordinance:
1. Section 203(a)(23) re off-street parking requirements for
marinas.
2. Section 236 re marinas, conunercial, non-commercial and
community boat docks.
3. Section 901 re use regulations for marinas.
Recommendation: APPROVAL
1. RESOLUTIONS/ORDINANCES
1. Resolution awarding $49,050,000 General obligation Public
Improvement Bonds, Series of 1991C, to
In accordance with the terms of their bid which shall bear Interest
at % as set out In such bid.
2. Resolution authorizing and directing the City Attorney to
reinstitute suit in the matter ot Patrick A. Janezeck v. Board of
Zoning Appeals re Variance for a billboard located at Shore Drive
and Vista Circle (LYNNHAVEN BOROUGH). (Sponsored by
Council Lady Reba S. McClanan)
3. Resolution authorizing the City Manager to establish an
Investigation Review Panel consistent with the policy and procedure
guidelines recommended by the City Manager's Special Task Force;
and, implement such other policy and procedural changes as set
forth in this report.
4. Ordinance to AMEND and REORDAIN Section 27-3 and ADDING
Section 27-3.1 of the Code of the City of Virginia Beach re fees
for police services.
5. Ordinance to AMEND and REORDAIN Sections 36-138, 36-147 and 36-148
of the Code of the City of Virginia Beach re public vehicle
drivers' permit fees.
6. Ordinance, upon FIRST READING, to APPROPRIATE $445,097 from various
revenue sources to the General Fund Reserve for FY 1991-1992 re
city employees' health Insurance; and, total appropriation be
offset by $445,097 increase in estimated revenues.
J. CONSENT AGENDA
All matters listed under the Consent Agenda are considered In the
ordlnary course of business by City Council and will be enacted by
one motion in the form listed. If an Item is removed from the Consent
Agenda, it will be discussed and voted upon separately.
1. Ordinance authorizing acquisition of property in fee simple for
right-of-way for Newtown Road Sidewalk Improvements Project
(CIP 2-816); and, acquisition of temporary and permanent easements
of right-of-way, either by agreement or condemnation.
2. Ordinance, upon SECOND READING, to ACCEPT and APPROPRIATE $16,350
from the Commonwealth Department of Housing and Community
Development re Emergency Home Repair Program.
3. Ordinance, upon SECOND READING, to ACCEPT and APPROPRIATE $11,053
from the Commonwealth SHARE Program re Homeless Intervention
Program.
4. Ordinance to authorize a temporary encroachment Into a portion of
the City's right-of-way known as Oceanfront Avenue to P. Edward and
Marilyn J. Schenk (4604 Oceanfront Avenue) re constructing and
maintainlng a grade level sun deck with safety railing
(VIRGINIA BEACH BOROUGH).
5. Resolution authorlzing and directing the City Manager to execute a
water cost participation agreement ($26,200) with Liberty
Properties, Inc., re construction of water facilities in Shelburne
Woods Subdivision (PRINCESS ANNE BOROUGH).
6. LOW BID:
WATERFRONT MARINE MILL DAM BRIDGE $ 682,749.95
CONSTRUCTION, INC. REPLACEMENT (CIP 2-042)
7. Ordinance authorizing license refunds in the amount of $10,504.60.
K. APPOINTMENTS
BOND REFERENDA COMMITTEE (1986 Referendum) - Resignation
HAMPTON ROADS AIR POLLUTION DISTRICT COMMISSION - Resignation
PARKS AND RECREATION COMMISSION
L. UNFINISHED BUSINESS
1. DOWNZONING - Review of Court Decisions
Gregory N. Stiliman, Attorney - Hunton & Williams
M. NEW BUSINESS
1. COUNCIL-SPONSORED ITEMS:
a. Ordinance authorizing the acquisition ot the waterworks system
of Riverlake Water Agency, Inc.
Sponsored by: Councilman Robert W. Clyburn
2. 14ATIONAL LEAGUE OF CITIES
Designation of Voting and Alternate Voting Delegates
1991 Annual Conference
N. ADJOURNMENT
CITY COUNCIL SESSIONS
RESCHEDULED
SEPTEMBER 3, 1991 Formal Session 2:00 PM
SEPTEMBER 17, 1991 Formal Session 2:00 PM
(Submission of Proposed CIP)
SEPTEMBER 24, 1991 Format Session 6:00 PM
(CIP Workshop #1)
SEPTEMBER 26, 1991 CIP Public Hearing 7:00 PM
(Princess Anne High School)
OCTOBER 15, 1991 Formal Session 2:00 PM
(CIP Workshop #2)
OCTOBER 22, 1991 Formal Session 6:00 PM
(CIP Workshop #3/Reconciliation)
OCTOBER 29, 1991 Formal Session 2:00 PM
NOVEMBER 5, 1991 Formal Session 2:00 PM
NOVEMBER 12, 1991 Formal Sesslon 2:00 PM
(CIP Public Hearing & First Reading)
NOVEMBER 26, 1991 Formal Session 6:00 PM
(CIP Second Reading)
DECEMBER 3, 1991 Formal Session 2:00 PM
DECEMBER 10, 1991 Format Session 2:00 PM
DECEMBER 17, 1991 Formal Session 2:00 PM
8/22/91 lbs
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beacli, Virginia
AugusL 27, 1991
Mayor Meyera E. Oberndorf called Lo order the CITY MANAGER'S BRIEFING relative
CITY EMPLOYEE HEALTH INSURANCE of the VIRGINIA BEACH CITY COUNCIL in the
Council Chamber, City Hall Building, on August 27, 1991, at 4:00 P.M.
Council Members Present:
John A. Baum, James W. Brazier, Jr., Robert W. Clyburn,
Vice Mayor Robert E. Fentress, Harold Heischober, Louis
R. Jones, Paul J. Lanteigne, Mayor Meyera E. Oberndorf,
Nancy K. Parker and William D. Sessoms, Jr.
Council Members Absent:
Reba S. McClanan (ENTERED: 4:20 P.M.)
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C IT Y MANA GE R ' S B R I E F IN G
CITY EMPLOYEE HF-ALTH INSURANCE
4:00 P.M.
ITEM # 34801
Giles G. Dodd, Assistant City Manager for Internal Services, advised
considerable research and efforts have been made by the Staff on various health
care approaches to address the different needs of City employees. The objective
was to identify a program that would offer a viable management care arrangement
yet provide other options for employees who wished to choose their providers.
Lynn G. Sachs, Personnel/Benefits Coordinator, advised currently there are five
(5) Health Care Plans being offered to City Employees. Three of these are
health maintenance organizations and two are traditional insurance type
programs. Extensive research has been conducted over the past year, the City
has seriously considered two health care options for the 1992 Plan Year: The
State plan, "The Local Choice", and the multiple Option Plan. The Multiple
Option Plan is being recommended. The Multiple Option Plan is a health care
package offered by one health insurance carrier and there are three options
within that one package:
OPTION 1
Traditional Health Maintenance Organization (HMO)
Management care arrangement
Services provided through primary care physician
Referrals required from primary care physician to
seek health care services with specialists
Offers employees the lowest out-of-pocket costs
Flat dollar co-payments
HMOs offered to City Employees since 1984
OPTION II
Point of Service (POS)
The most flexible option
Provides added f,eedom of choice to those
employees uncomfortable with the limitations
provided by a standard Ht4O
Management care alternative which offer, t,,o
approaches to receiving health care at the time
health care services are rendered
Traditional HMO Approach
Indemnity Plan Approach
3
C I T Y M A N A G E R S B R I E F I N G
CITY EMPLOYEE HEALTH INSURANCE
ITEM # 34801 (Continued)
OPTION Ill
Traditional Indemnity Plan
For Participants Not living In Tidewater Area
Unlimited selection of doctors, hospitals and other
health care providers
Not a managed care i-ype of plan
Only offered to persons who live outside the
Tidewater area.
Most costly plan in terms of benefits, deductible
and premiums. (There Is a $250 deductible and an
employee would have to pay 20% of charges for an
office visit.)
Mrs. Sachs cited the Objectives of the Proposed Program:
Reduce overall administrative expenses
Contain employer and employee costs
Meet needs of City employees
Provide comprehensive reports
Offer greater flexibility In how the City provides
alternative funding options
Ensure manageable annual premium Increases over
long term
The City's Health Care Evaluation Committee was formed to select the Health
Care Insurance Carrier. A Request for Proposal (RFP) was circulated. The
criteria utilized to select a Health Insurance Carrier was standard for the
City's procurement procedures. The Travelers Health Network was the unanimous
recommendation of the Health Care Evaluation @ittee. Travelers provides a
comprehensive plan package and offers a large network of physicians and
hospitals. Travelers also offers a low turnover of physicians and 97% of their
physicians are board certified.'Their accuracy rate for processing claims Is
approximately 99%.
The City has finally been able to negotiate an optional Dental Program. The
plan design, compared to the 1991 Dental Plan, is very similar with the major
difference being a deductible for employee and family.
The City has negotiated a fully Insured type of Health Care Program. Travelers,
if chosen, will take the risk for all claims paid.
Mrs. Sachs advised the Charts reflecting Comparison 1991-1992 Monthly Rate
Comparison (Percentages/Dollars), Comparison of Monthly Rates for 1991 and 1992
Plans, Comparisons of Select Benefits: 1991 and 1992 and Dental Plan Benefits
Comparison of 1991 and 1992 are part of the informational package distributed
to City Council. Said Information Is hereby made a part of the record. A
Comparative Analysis ot Plans of other Cities was also distributed to City
Council.
The "out-of-areal plan with Travelers is quite expensive. The Committee
negotiated Employee plus minor rates to be lower in 1992 than 1991 in Dental
Rates. A 25% cap has been negotiated on the Health Care Rates and a 11% cap has
been negotiated on the Dental Plan.
4
C I T Y M A N A G E R S B R I E F I N G
CITY EMPLOYEE HEALTH INSURANCE
ITEM # 34801 (Continued)
The Committee is not recommending the Local Choice Plan due to the following
reasons:
Rates are higher than the proposed multiple option
program
City rates are higher than State employee rates.
Premium rates for City could be artifical ly low
for the first year unti I actual claims experience
Is known.
All health care Issues decided on State level.
Existing City health care plans must be
discontlnued
Future City plans cannot be added.
Required contributions by City based on percentage
formula for various categories ot coverage.
Required contribution percentage by City increases
in future years.
State plan year July 1 to June 30
City plan year January 1 to December 31
The City calendar year administration of health
care plan coincides with pre-tax and flexible
spending account program.
Adopting State plan would require shifting all
health care and related benefit programs to a July
I to June 30 year cycle.
State plan would require City to be self funded -
City would need to take risk for all claims.
The City's Health Care Evaluation Committee is requesting the City Council
Authorize the City Manager to enter into a contract with The Travelers Health
Network to provide a multiple option group health Insurance plan for all
eligible City employees.
The Committee will provide a comparison of the rates over the last four or fiv,
years encompassing not only the total costs, but the emp@loyees' portion as well
as a comparison to the School Board benefits.
Mrs. Sachs recognized the Members of the Health Care Evaluation committee:
Dr. Robert Davis
Rick Barry
Pam Jan
Bob Tomenendal
Linda Champion
Patricia Phillips
5
I T E M S 0 F T H E C I T Y M A N A G E R
ITEM # 34802
The City Manager referenced Resolution authorizing the City Manager to
establish an Investigation Review Panel consistent with the policy and
procedure guidelines recommended by the City Manager's Special Task Force; and,
implement such other policy and procedural changes as set forth in this report.
(See Item 1.3 Resolutions/Ordinances).
The City Manager distributed revisions to the Investigation Review Panel Policy
and Procedures. Page 2, 1 l ne 29 and 30 cl arif i es the Pol icy wouid app ly to
abuse of authority by any City Employee. Page 4, Line 83 and 84 also clarifies
this abuse of authority by any City Employee. On Page 8, Line 168, the word
"relevant" is inserted before documents.
6
ITEM 34803
The INFOR14AL SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order by
Mayor Meyera E. Oberndorf in the Councl I Chambers, City Hal I Bui Iding, on
Tuesday, August 27, 1991, at 4:50 P.M-
Council Members Present:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Helschober, Louls R. Jones, Paul J. Lanteigne, Reba S.
McCianan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Absent:
None
- 7 -
ITEM # 34804
Mayor Meyera E. Oberndorf entertained a motion to permit City Council to
conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of
Virginia, as amended, for the following purposes:
1. PERSONNEL MATTERS: Discussion or consideration of or interviews of
prospective candidates for employment, assignment, appointment, promotion,
performance, demotion, salaries, disciplining, or resignation of specific
public officers, appointees, or employees pursuant to Section 2.1-344 (A)
(1).
To-Wit: Appointments: Parks and Recreation Commission
Bond Referenda Committee (1896 Referendum)
Hampton Roads Air Pollution District Commission
Public Library Board
Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City
Council voted to proceed into EXECUTIVE SESSION.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Nancy K. Parker, Mayor Meyera E. Oberndorf
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent
None
8
F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
August 27, 1991
6:00 P.M.
Mayor Meyera E. Oberndorf cal led to order the FORMAL SESSION of the VIRGINIA
BEACH CITY COUNCIL in the Counci i Chambers, City Hal I Bul Iding, on Tuesday,
August 27, 1991, at 6:00 P.M.
Council Members Present:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Absent:
None
INVOCATION: Reverend George Sweet
Atlantic Shores Baptist Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
9
item III-E-1-
CERTIFICATION OF
EXECUTIVE SESSION ITEM # 34805
Upon motion by Vice Mayor Fentress, seconded by Councl Iman Sessoms, City
Council CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO
RECESS.
Only public business matters lawfully exempted from
open Meeting requirements by Virginia law were
discussed in Executive Session to which this
certification resolution applies;
AND,
Only such public business matters as were
identified in the motion convening the Executive
Session were heard, discussed or considered by
Virginia Beach City Councii.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
41,
CERTIFICATION OF EXECUTIVE SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into EXECUTIVE
SESSION, pursuant to the affirmative vote recorded in IT24 # 34804,
Page No. 7 and in accordance with the provisions of The Virginia
Freedom of Information Act; and,
WHEREAS: Section 2.1-344.1 of the Code of Virginia requires a
certification by the governing body that such Executive Session was
conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City
Council hereby certifies that, to the best of each member's knowledge,
(a) only public business matters lawfully exempted from Open Meeting
requirements by Virginia law were discussed in Executive Session to
which this certification resolution applies; and, (b) only such public
business matters as were identified in the motion convening this
Executive Session were heard, discussed or considered by Virginia
Beach City Council.
Rydth Hodges Sffiith, CMC/AAE
City Clerk August 27, 1991
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item 111-F.I.
MINUTES ITEM # 34806
Upon motion by Councilman Clyburn, seconded by Councilman Sessoms, City Council
APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of August 13, 1991, as
CORRECTED.
Councilman Lanteigne referenced:
Page item 34790, Page 63:
UNFINISHED BUSINESS
Councilman Lanteigne advised a Meeting was held
with residents of Aura Drive relative
the actual alignment of Princess Anne Road.
Aurora Road was Incorrect.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Paul J. Lanteigne, Reba S. McClanan, Mayor
Meyera E. Oberndorf, Nancy K. Parker and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Abstaining:
Louis R. Jones
Council Members Absent:
None
Councilman Jones ABSTAINED as he was not in attendance during the City Council
Session of August 13, 1991.
Item 111-G-1
INTRODUCTION ITEM 34807
ADD-ON
Mayor oberndorf introduced the following Boy Scouts in attendance:
SCOUT TROOP 363
HAYGOOD METHODIST CHURCH
John Simon (Dad in attendance)
Gary Simon
Michael Lovely
David Laws
- 12 -
Item III-C.2
GE M AL OBLIGATION PUBLIC ITEM # 34808
IMPRO BONDS
AWARDING OF BID
The City Manager advised the City of Virginia Beach has received seven separate
bids on its $49,050,000 General Obligation Public Improvement Bonds, Series of
1991C. The true interest cost to the City of each of the bids is as follows:
Syndi True Interest C-st
Kidder Peabody 6.359438%
First Chicago 6.377978
Prudential-Bache Securities 6.3793255
Lehman Brothers 6.386531
Merrill Lynch 6.4087
Donaldson Lufkin and Jenrette 6.418021
Clayton Brown and Associates 6.4273
The City's financial advisors, Government Finance Associates, Inc. and the
Government Finance Research Center recommend the City accept the low bid of
Kidder Peabody and Company, Inc. and recommend the prompt award of the bonds.
- 13 -
Item 11 1-H-
PUBLIC HEARING ITEM # 34809
PLANNING
Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on:
PLANNING - RECONSIDERATIONS
(a) DONALD S. LEWIS, SR. AND DONALD S. LEWIS, JR. CHANGE OF ZONING
T/A AUSLEW GALLERY, INC. (June 13, 1986)
(b) STEVEN H. DAVIDSON CONDITIONAL USE PERMIT
(October 14, 1985)
(c) RAUCH AND COWANY In behalf of CONDITIONAL USE PERMIT
ATLANTIC SHORES DEVELOPMENT VENTURE (March 12, 1990)
(d) BETHEL PENTECOASTAL HOLINESS CHURCH CONDITIONAL USE PERMIT
In behalf of BETHEL CHRISTIAN FELLOWSHIP (March 16, 1987)
(e) BANK OF COMMONWEALTH CHANGE OF ZONING
(March 26, 1984)
(FENNER V. WOOLARD, JR., JOHN E. GREEN, JR.
AND JUNE C. GREEN
(JAMES H. REYNOLDS)
PLANNING
2.
(a) THOMAS A. AND ANNE M. STAFFORD STREET CLOSURE
(b) HAROLD J. AND HEIDI S. LEVINSON STREET CLOSURE
(c) CAMPBELL CHAPEL AME CHURCH CONDITIONAL USE PERMIT
(d) LAKESIDE CONSTRLICTION CORPORATION CONDITIONAL ZONING
(e) JAHN WALLACE SUMMS VARIANCE
(f) ROCK MINISTRIES, INC. CONDITIONAL USE PERMIT
(g) DONALINE ACTIVITIES, INC. CONDITIONAL USE PERMIT
(h) SITE PLAN ORDINANCE AMEND AND REORDAIN
Section 5A.2 - parking
lot landscape
(i) CITY ZONING ORDINANCE AMEND AND REORDAIN
Section 502 - dimensional
requirements In R-5R
(j) CITY ZONING ORDINANCE AMEND AND REORDAIN
Article 5, Section 506 -
open space promotion
(k) CITY ZONING ORDINANCE AMEND AND REORDAIN
Section 203(a) (23)
off-street parking for
marinas
Section 236 re marinas,
comercial,non-commercial
and comunity boat docks
Section 901 re use reg-
ulations for marinas.
- 14 -
Item IlI-H.l.a.
PUBLIC HEARING ITEM # 34810
PLANNING
James H. Brunt, P.O. Box 1014, Phone: 428-0728 represented the applicant
Mary Ruth Scott, 5592 Sajo Farm Road, Phone: 464-0166, spoke in OPPOSITION
Upon motion by Councilman Jones, seconded by Councilman Heischober, City
Council APPROVED WAIVER of Condition 2 in the Ordinance upon application of
DONALJ) S. LEWIS, SR. and DONALD S. LEWIS, JR., t/a AUSLEW GALLERY, INC.
(ADOPTED June 9, 1986).
City Council AUTHORIZED a sign, not to exceed 5xl8 inches to be erected
designating directions to Auslew Gallery;
and,
APPROVED extension of the Conditional Use Permit through June 30, 1992.
ORDINANCE UPON APPLICATION OF DONALD S. LEWIS, SR.
AND DONALD S. LEWIS, JR. AND AUSLEW GALLERY, INC.
FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM
R-1 WITH A PD-H2 OVERLAY TO R-1 Z06861096
Ordinance upon application of Donald S. Lewis, Sr.,
and Donald S. Lewis, Jr., of Auslew Gallery, Inc.
for a Change of Zoning District Classification from
R-1 Residential District with a PD-H2 Overlay to
R-1 Residential District on property located 1400
feet east of Diamond Springs Road, south of
Northampton Boulevard on Parcel 3, Sam Jones
Estate. Said parcel contains 4.45 acres. Plats with
more detailed information are available in the
Department of Planning. BAYSIDE BOROUGH
A N D,
ORDINANCE UPON APPLICATTON OF DONALD S. LEWIS, SR.
AND DONALD S. LEWIS, JR. AND AUSLEW GALLERY, INC.
FOR A CONDITIONAL USE PERMIT R0686841
Ordinance upon application of Donald S. Lewis, Sr.,
and Donald S. Lewis, Jr., of Auslew Gallery, Tnc.
for a Conditional Use Permit for an art gallery on
property located 1400 feet east of Diamond Springs
Road, south or Northampton Boulevard on Parcel 3,
Sam Jones Estate. Said parcel contains 4.45 acres.
Plats with more detailed information are available
in the Department of Planning. BAYSIDE BOROUGH.
Voting: 10-1
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
Mayor Meyera E. Oberndorf
Council Members Absent:
None
1 5
Item 111-H.l.b.
PUBLIC HEARING ITEM # 34811
PLANNING
Steve Davidson, 686 Princess Anne Road, Phone: 721-5520
Upon motion by Councilman Lanteigne, seconded by Counci [man Sessoms, City
Council APPROVED WAIVER OF THE RIGHT-OF-WAY RESERVATION in the request for a
WAIVER of the right-of-way In October 14, 1988 APPROVED application of STEVEN
H. DAVIDSON for the Conditional Use Permit for a single-family dwelling.
ORDINANCE UPON APPLICATION OF STEVEN H. DAVIDSON
FOR A CONDITIONAL USE PERMIT FOR A SINGLE-FAMILY
DWELLING R01085787
Ordinance upon application of Steven H. Davidson
for a Conditional Use Permit for a single family
dwelling in the AG-1 Agricultural District on
property located on the east side of Princess Anne
Road, 1056 feet south of Pungo Ferry Road. Said
parcel is located at 686 Princess Anne Road and
contains 13 acres. Plats with more detailed
Information are available In the Department of
Planning. PUNGO BOROUGH.
The following condition shall be required:
A variabie width right-of-way reservation is
required along the frontage on Princess Anne Road
in accordance with the plans on file in the
Engineer's office for the preferred realignment
(Alternate 3) of Princess Anne Road.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louls R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
16 -
Item III-H.I.c.
PUBLIC HEARING ITEM 34812
PLANNING
Leslie R. Watson, One Columbus Circle, Suite 101, Phone: 490-6000, represented
the applicant
Upon motion by Councilwoman McClanan, seconded by Councilman Baum, City Council
AUTHORIZED AN ADDITIONAL CONDITION in the application of RAUCH AND COMPANY for
a Conditional Use Permit (ADOPTED March 12, 1990.) The applicant is requesting
a proposed density increase of 15 units, overall density will be 2.86 units per
acre.
ORDINANCE UPON APPLICATION OF RAUCH AND COMPANY FOR
A CONDITIONAL USE PERMIT FOR A RETIREMENT COMKUNITY
ON CERTAIN PROPERTY R03901289
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Rauch and Company for
a Conditional Use Permit for a retirement community
on certain property located on the north side of
Dam Neck Road, 3173 feet east of General Booth
Boulevard. Said parcel contains 201.46 acres. More
detailed information is available in the Department
of Planning. PRTNCESS ANNE BOROUGH.
The following condition shall be added:
The retirement community is approved for a total of
547 units. The additional 15 units approved by City
Council on August 27, 1991, may be comprised of any
combination of duplex units, independent living
units, assisted living units or skilled nursing
care units.
The conditions attached to the Conditional Use Permit on March 12, 1991, SHALL
REMAIN.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 17 -
Item II-H.Id.
pUBLIC HEARING ITEM # 34813
PLANNING
Reverend Garry Bryant, 1271 lndian River Road, Phone: 721-5606, represented
Bethel Christian Fellowship
Upon motion by Councilman Lanteigne, seconded by Councilwoman McClanan, CitY
Council WAIVED the Condition requiring a 31-foot right-of-way dedication along
Indian River Road in the Ordinance upon applica@ion of BETHEL PENTECOSTAL
HOLINESS CHURCH for a Conditional Use Permit in behalf of BETHEL CHRISTIAN
FELLOWSHIP (APPROVED March 16, 1987).
ORDINANCE UPON APPLICATION OF BETHEL PENTECOSTAL
HOLINESS CHURCH FOR A CONDTTIONAL USE PERMIT FOR A
CHURCH ADDITION R03871023
Ordinance upon application of Bethel Pentecostal
Holiness Church for a Conditional Use Permit for a
church addition on the north side of Indian River
Road, 2040 feet more or less west of New Bridge
Road. Said parcel is located at 1814 Tndian River
Road and contains 1.02 acres. Plats with more
detailed information are available in the
Department of Planning. PRINCESS ANNE BOROUGH.
The following condition will be required:
Setback requirements for all new improvements on
this site shall be measured from the ultimate
right-of-way line for Indian River Road. A formal
reservation agreement shall not be required.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
Item 111-H.l.e.
PUBLIC HEARING ITEM # 34814
PLANNING
John F. Small, Goodman-Segar-Hogan, Norfolk, represented the applicant
Michael J. Barrett, 1829 Eden Way, Phone: 422-1568, represented the Vintage
Investment Corporation and registered in SUPPORT of the application.
Nicholas J. Hutsko, 5253 Indian River Road, represented the Acredale Property
Owners and reglstered In OPPOSITION:
Edward Grant, adjacent resident of forty-one years. Mr. Grant advised only one
curb cut will create traffic problems.
A MOTION was made by Councilman Clyburn, seconded by Councilwoman McClanan to
DEFER to the Formal Session of S@ptember 24, 1991: Request of BANK OF THE
COMMONWEALTH for RECONSIDERATION OF CONDITIONS In the March 26, 1984, Approved
Applications for Changes of Zoninci District Classifications re sites on the
East side of Kemp-s, ad (1426 and 1436
Kempsville Road) (KEMPSVILLE BOROUGH).
FENNER V. WOOLARD, JR., JOHN E. GREEN, JR., and
JUNE C. GREEN from R-6 Residential District to B-2
Community-Business Dist ict on a 2.93-acre parcel;
AND,
JAMES H. REYNOLDS from 0-1 Office District to B-2
Cornmunity-Business Distrct, n a 2.06-acre parcel.
Councilman Lanteigne CALLED FOR THE QUESTION.
Voting: 9-1 (on "calling for the Question")
Council Members Voting Aye:
James W. Brazier, Jr., Robert W. Clyburn Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
Vice Mayor Robert E. Fentress
Council Members Abstaining:
John A. Baum
Council Members Absent:
None
1 9
Item 111-H.l.e.
PUBLIC HEARING ITEM # 34814 (Continued)
PLANNING
Upon motion by Counci Iman Clyburn, seconded by Councilwoman McClanan, City
Council DEFERRED to the Formal Session of September 24, 1991: Request of BANK
OF THE COMMONWEALTH for RECONSIDERATION OF CONDITIONS in the March 26, 1984,
Approved Applications for Changes of Zoning District Classifications re sites
on the East side of Kempsv Ile Road, and 1436
Kempsville Road) (KEMPSVILLE BOROUGH)-
FENNER V. WOOLARD, JR., JOHN E. GREEN, JR., and
JUNE C. GREEN from R-6 Residential District to B-2
Community-Business Distr cre parcel;
AND,
JAMES H. REYNOLDS from 0-1 Oftice District to B-2
Communlty-Business District, n . 2.06-acre parcel.
This DEFERRAL will allow a more descriptive diagram depicting the several
adjoining parcels and a description of the applicant's request.
Voting: 7-4
Council Members Voting Aye:
James W. Brazier, Jr., Robert W. Clyburn, Lou I s R.
Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor
Meyera E. Oberndorf and Nancy K. Parker
Council Members Voting Nay:
John A. Baum, Vice Mayor Robert E. Fentress, Harold
Heischober and William D. Sessoms, Jr.
Council Members Absent:
None
- 20 -
Item II-H.2.a.
pUBLIC HEARING ITEIA # 34815
PLANNING
Upon motion by Councilman Brazier, seconded by Councilman Sessoms, City Council
AUTHORIZED FINAL APPROVAL of an Ordinance in the petition of THOMAS A. and ANNE
M. STAFFORD for the discontinuance, closure and abandonment of a portion of
Cape Henry Drive:
Petition of Thomas A. and Anne M. Stafford for the
discontinuance, closure and abandonment of a
portion of Cape Henry Drive running a distance of
100 feet along the northern boundary of Lot 35,
Section 5, Part 2, Lynnhaven Colony. The parcel is
25 feet in width and contains 2500 square feet.
LYNNHAVEN BOROUGH.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
ORDINANCE NO.
A portion of Cape Henry Drive more
particularly described as follows;
beginning at a pin where the eastern
line of Lot 35 interects the southern
line of Cape Henry Drive as shown on the
plat entitled "Subdivision of Section 5,
Part 2, Lynnhaven Colony" said plat
being recorded in the Clerk's office of
t! the Circuit Court of the City of
i@ in Map Book 74
@i virginia Beach, Virginia
I I
I at page 7, and from said point of
@il beginning running thence S 73 deg 31 min
11 51 sec W 100 feet to a pin; thence N 16
deg 28 min 09 sec W 25 feet to a pin on
the southern line of a VEPCO easement,
tbence runing along the southern line of
asement N 73 deg 31 min 51
i said VEPCO e
sec E 100 feet to a pin; thence S 16 deg
28 min 09 sec E 25 feet to the point of
beginning.
WHEREAS, it appearing by affidavit that proper notice
has been given by Thomas A. Stafford and Anne M. Stafford, that
they would make application to the Council of the City of
Virginia Beach, Virginia, on March 26, 1991, to have the
hereinabove described portion of a certain street discontinued,
closed and vacated; and
WHEREAS, it is the judgment of the Council that only the
hereinafter described portion of said street be discontinued,
closed and vacated;
NOW, THEREFORE,
SECTION I
BE IT ORDAINED by the Council of the City of Virginia
Beach, Virginia, that the hereinafter described portion of said
street be discontinued, closed and vacated:
A portion of Cape Henry Drive more
particularly described as follows;
a pin wbere the eastern line
beginning at
of Lot 35 intersects the southern line of
Cape Henry Drive as shown on the plat
entitled 'Subdivision of Section 5, Part
2, Lynnhaven Colony" said plat being
recorded in the Clerk's office of the
Circuit Court of the City of Virginia
Beach, Virginia in Map Book 74 at page 7,
and from said point of beginning running
thence S 73 deg 31 min 51 sec W 100 feet
to a pin; thence N 16 deg 28 min 09 sec W
8 feet to a pin; thence N 73 deg 31 min
51 seC E 100 feet to a pin; thence S 16
deg 28 min 09 sec E 8 feet to the point
II of beginning.
I
Said parcel of land being a portion of Cape Henry Drive.
SECTION II
GPIN 1489-99-8079
1
A certified copy of this ordinance Bhall be filed in the
Clerk's Office of the Circuit Court of the City of Virginia
Beach, indexed in the name of the City of Virginia Beach, as
grantor.
Adopted:
G-PIN 1489 99 8079
AUTHORIZED FINAL APPROVAL: August 27, 1991
2
, - - @ -t i i i@2 c
I - I
\, @5. -
I N
, I
- 21 -
Item I J-H.2.b.
pUBLIC HEARING ITEM # 34816
PLANNING
Whitt Sesso-s, 109 43rd Street, represented the applicant and was in attendance
to respond to questions.
Upon motion by Council-n Brazier, seconded by Councilman Jones, City Council
AUTHORIZED FINAL APPROVAL of an Ordinance upon application of HELEN LEIMBACH
FOOS and HAROLD j. AND HEIDI S. LEVINSON for the discontinuance, closure and
abandonment of portions of a fifteen (15) foot alley.
Application of Helen Leimbach Foos and Harold J.
and Heidi S. Levinson for the discontinuance,
closure and abandonment of portions of a 15-foot
alley located between lots 4 & 1, Lots 5 & 17, Lots
6 & 18 and Lots 7 & 19, Block 23, Croatan Beach.
Said parcels are 15 feet in width and contain 3000
square feet. LYNNHAVEN BOROUGH.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
STATEMENT OF CONSENT
APPLICANT: HELEN LEIMBACH FOOS and
HAROLD J. AND HEIDI S. LEVINSON
APPLICATION: Street closure
DESCRIPTION: Portions of a 15-foot Alley between Lots 4 & 16,
Lots 5 & 17, Lots 6 & 18, Lots 7 & 19,
Block 23, Croatan Beach
(Lynnhaven Borough)
CITY COUNCIL SESSION: August 13, 1991
THE UNDERSIGNED OWNER OR LEGAL REPRESENTATIVE FOR THE OWNER, (or Agent
for the Owner), HAS REVIEWED THE CONDITIONS FOR APPROVAL (REQUIREMENTS)
RECOMMENDED BY THE VIRGINIA BEACH PLANNING COMMISSION TO THE VIRGINIA BEACH
CITY COUNCIL FOR AFFIRMATIVE ACTION ON TH I S DATE AS THEY APPLY To THE
REFERENCED APPLICATION FOR AMENDMENT TO THE ZONING MAP OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, AND HEREBY ACCEPTS AND AGREES TO:
1. The ultimate disposition of this right-of-way shall be by
purchase rather than direct conveyance, subject to
determination by the City Attorney's Office.
2. The applicant is required to resubdivide the property and
vacate internal lot lines to incorporate the closed area into
adjoining parcels, as well as to ensure that all lots have
access to a public street. Lots 16, 17, 18 and 19 must be
incorporated into the lots with frontage on South Atlantic
Avenue.
3. Closure of this right-of-way shaii be contingent upon
compliance with the above-stated conditions within 180 days
of the approval by City Council.
Owner
D,@
CITY OF VIRGINIA BEACH, VIRGINIA
TO (ORDINANCE OF VACATION
HELEN LEIMBCH FOOS, et al.
HAROLD J. LEVINSON, et ux., et al.
HEIDI S. LEVINSON, eE-vl-r., @t al.
AN ORDINANCE VACATING AND DISCONTINUING
PORTIONS OF A 15' ALLEY IN LYNNHAVEN
BOROUGH, IN THE CITY OF VIRGINIA BEA H, VIRGINIA
WHEREAS, proper notice of the intended application
of the applicants, Helen Leimbach Foos, Harold J. Levinson
and Heidi S. Levinson, to be presented to the city Council
of the city of virginia Beach, virginia, on the 25th day of
June, 1991, for the vacation of the portions of the herein-
after described alley in the City of Virginia Beach,
Virginia, was on the 24th day of May, 1991, and on the 5th
day of June, 1991, duly published twice with six days
elapsing between the two publications in a newspaper
published or having general circulation in the City of
Virginia Beach, Virginia, specifying the time and place of
hearing at which affected persons might appear and present
their views, in conformity with the manner prescribed by
Code of Virginia, S@ction 15.1-364, for the institution of
proceedings for the vacation of portions of the alley in
Croatan; and
WHEREAS, said application was made to the City
Council of the City of Virginia Beach, Virginia, on the 25th
day of June, 1991, and in conformity with the manner
prescribed by Code of Virginia, Section 15.1-364, for the
conduct of such proceedings, the City Council of the City of
Virginia Beach, Virginia, on the 25th day of June, 1991,
appointed Rc)hp r+ j - S I C' C)r,l T.A,
and r),Iviq m (- , as viewers to view such street
and report in writing whether in their opinion any, and if
any, what inconvenience would result from discontinuing the
same, and said viewers have made such report to the City
Council of the City of Virginia Beach, Virginia; and
GPIN #2426-39-7431; 6591; 6585; 8455; 8503; 7597
GROVI-,R C. ',VRIGIIT, JR.
WHEREAS, from such report and other evidence, and
after notice to the land proprietors affected thereby, along
the portions of the alley proposed to be vacated, it is the
judgment of the City Council of the City of Virginia Beach,
Virginia, that these proceedings have been instituted,
conducted and concluded in the manner prescribed bY Code of
Virginia, Section 15.1-364, that no inconvenience would
result from vacating and discontinuing the portions of said
street, and that the portions of said alley should be
vacated and discontinued;
NOW, THEREFORE, BE IT ORDAINED by the Council of
the city of virginia Beach, Virginia:
1. That the following portions of an alley in
Croatan, in the Borough of Lynnhaven, in the City of
Virginia Beach, Virginia, be, and the same is hereby,
vacated and discontinued:
All that certain piece or parcel of land,
situate, lying and being in Lynnhaven
Borough, in the City of Virginia Beach, State
of Virginia, designated "15' Alley Hereby
Vacated" on that certain plat entitled
"Resubdivision of Property Lots 4, 5, 6, 7,
16, 17, 18, 19 and Closed Portion of 15'
Alley, Block 23, Croatan Beach, M.B. 24 P.
37, Lynnhaven Borough, Va. Beach, Virginia"
dated July 31, 1991, which plat is attached
hereto and made a part hereof and is to be
recorded simultaneously herewith, reference
to which is hereby made for a more particular
description of said property.
2. A certified copy of this ordinance of vacation
shall be recorded as deeds are recorded and indexed in the
name of the City of Virginia Beach, Virginia, as grantor,
and in the names of Helen Leimbach Foos, Harold J. Levinson
and Heidi S. Levinson, as grantee, in the Clerk's Office of
the circuit court of the City of Virginia Beach, Virginia,
at the expense of the applicants.
3. This Ordinance shall be effective on the date
of its passage.
Certified to be a true and exact copy of an
ordinance adopted by the City Council of the City of
2
Virginia Beach, Virginia, at its regular meeting held on the
day of 1991.
TESTE: RUTH SMITH, CITY CLERK
By
GPIN NO.
2426-39-7431-0000
2426-39-6591-0000
2426-39-6585-0000
2426-39-8455-0000
2426-39-8503-0000
2426-39-7597-0000
AUTHORIZED FINAL APPROVAL: August 27, 1991
3
HELEN L. FOOS
LEN BARBARA THOMPSON AND COURTNEY F. FOOS, JR.
GUARDIANS
POST OFFICE BOX 88
VIRGINIA BEACH, VA 23458 19
DOLLARS
OSIL.@S321: ill(
HELEN L. FOOS 632
HELEN BARBARA THOMPSON AND COURTNEY F. FOOS, JR.
GUARDIANS 68-4531514
POST OFFICE BOX 88
PAY VIRGINIA BEACH, VA 23458 /-@i 9
TO T
ORD
$
s
1:051L.OL.s321: 11,015 ??3 3
I
- 22 -
Item III-H.2.c.
PUBLIC HEARING ITEM # 34817
PLANNING
Upon motion by Councilwoman McClanan, seconded by Councilman Heischober, City
Council ADOPTED an Ordinance upon application of CAMPBELL CHAPEL AME CHURCH for
a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF CAMPBELL CHAPEL AME
CHURCH FOR A CONDITIONAL USE PERMIT FOR A CHURCH
(ADDITION) R08911388
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Campbell Chapel AME
Church for a Conditional Use Permit for a church
(addition) on the northeast side of Indian River
Road, 46 feet more or less southeast of North
Landing Road. The parcel is located at 3252 Indian
River Road and contains 19,602 square feet.
PRINCESS ANNE BOROUGH.
This Ordinance shall be effective in accordance with Section 107 (f) of the
Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the nt -
seventh of August, Nineteen Hundred
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
LAKESIDE CONSTRUCTION CORPORATION,
a Virginia StOck CorporatiOn
TO: (COVENANTS AND CONDITIONS
CITY OF VIRGINIA BEACH,f
a MuniCipal Corporation 0
the Commonwealth Of Virginia
THIS AGREEMENT, made this 8th day of May, 1991, by
and between LAKESIDE CONSTRUCTION CORPORATION, a Virginia
stock Corporation, "Grantor"t of the one p,rt, and CITY OF
VIRGINIA BEACH, a Municipal Corporation of the CO-Onwealth
of Virginia, Grantee, of the other part;
WITNESSETH THAT:
WHEREAS, the Grantor has initiated amendments tO
the zoning map of the City of Virginia Beach, Vi.rginia, by
petitions of the Grantor addressed to the Granteer so as tO
rezone the Grantor's property from AG-1 and AG-2
Agricultural Districts to R-7.5 Residential District, on
certain property in Princess Anne Borough, in the City Of
Virginia Beach, virginia; said property being referred to
hereinafter as "the property," and being, as to 9.616 acres,
located on the nrth side of Painters Lane at the
intersection with the northern extremity of Townfield Lane,
and, as to 41.63 acres, located 600' north of Painters Lane
at the intersection with the northern extremity of Townfield
Lane, and being shown on that certain plat entitled "Exhibit
of Broyles Tract (MB 172, P 18)", dated May 15, 1991,
prepared by Basgier and Associates, which said plat is
attached hereto and intended to be recorded herewith as
"AG-2 to proposed R-7.5 9.616 Acs." and as "AG-1 to proposed
R-7.5 4.943 Acs.", and as "AG-1 to proposed R-7.5 36.687
Acs."; and
WHEREAS, the Grantee's policy is to provide only
for the orderly development of land, for various purposes,
including single-family residential purposes, through zoning
and other land development legislation; and
GROVER C. WRIGliT, JR.
WHEREAS, the Grantor acknowledges that in order to
recognize the effects of changer and the need for various
types of uses, including single family detached residential
uses, certain reasonable conditions governing the use of the
property for the protection of the community that are not
generally applicable to land in the R-7.5 zoning
classification are needed to cope with the situation which
the Grantor's proposed development gives rise to; and
WHEREAS, the Grantor has voluntarily proffered in
writing, in advance of and pri-or to the public hearing
before the Grantee, as a part of the propc)sed amendment to
the zoning mapp in addition to the regulations provided for
in the R-7.5 zoning district or zone by the existing
over-all zoning ordinances, the following reasonable
conditions related to the physical development and Operation
of the property to be adopted as a part of said amendment to
the new Zoning Map relative to all of the property described
above, which have a reasc)nable relation to the rezoning and
the need for which is generated by the rezoning and proposed
development; and
WHEREAS, said conditions having been proffered by
the Grantor and allowed and accepted by the Grantee as part
of the amendment to the zoning ordinance, such conditions
shall continue in full force and effect until a subsequent
amendment changes the zoning on the property covered by such
conditions; provided, however, that such conditions shall
continue despite a subsequent amendment if the subsequent
amendment is part of a comprehensive implementation of a new
or substantially revised zoning ordinance, unless, notwith-
standing the foregoing, these conditions are amended or
varied by written instrument recorded in the Clerk's Office
of the Circuit Court of the City of Virginia Beach,
Virginia, and executed by the record owner of the subject
property at the time of recordation of such instrument;
provided, further, that said instrument is consented to by
2
. writing as evidenced by a certified COPY Of
the Grantee in
an ordinance or a resolution adopted by the governing body
of the Granteer after a public hearing before the Grantee
advertised pursuant to the provisions of Code of Virginial
section 15.1-431, which said ordinance 0, resolution shall
be recorded along with said instrument as conclusive
evidence of such consent;
NOW, THEREFORE, the Grantor, for itself, its
assigns, grantees, and ther successors in title or
i,terest, voluntarily and without any requirement by or
exaction frorn the Grantee or its governing body and without
any element of cOmPulsion or quid PrO gu-o for zoningi
rezoning, site plan, building Permit, or subdivision
approval, hereby inakes the following declaration of
conditions and restrictions as to the physical development
and operation of the subject property and governing the use
thereof and hereby covenants and agrees that this
declaration shall constitute covetants running with the said
property, which shall be binding upon the property and upon
all parties and persons claiming under or through the
Grantor, their heirs, pe@sonal representatives, assigns,
grantees and other successors in interest or title, namely:
The following shall be substantially adhered to;
however, further conditi,ns may be required by the Grantee
during detailed site plan review and administration of
applicable city codes by all cognizant c4ty agencies and
departments to meet all applicable city code requirements:
There shall be no more than 3 dwelling units per
acre on the entire Property.
It is recogni,ed that further conditions may be
required during the administration of applicable CitY
ordinances and that there will be detailed site plat review
to meet all applicable city codes, and that further
3
conditions may be required during the a@inirtration of
applicable city ordinances.
All references hereinabove to requirements and
regulations applicable thereto refer to the comprehonsi@e
Zoning ordinance of the City of Virginia Beach, Virginia, in
force as of May 8, 1991, which is by this reference
incorporated herein.
The Grantor covenants and agrees that (1) the
zoning AdMiniStrator of the City of Virginia Beach,
virginia, shall be vested with all necessary authority on
behalf of the governing body of the City of Virginia Beach,
virginia, to administer and enforce the fc)regoing condi-
tions, including (i) the ordering in writing of the
remedying of any noncompliance with such conditionsl and
(ii) the bringing of legal action or suit to insure
compliance with such conditions, including inandatory or
prohibitory injunction, abatement, damages or other apprc)-
priate action, suit or proceedings; (2) the failure to meet
all conditions shall constitute cause to deny the issuance
of any of the required building or occupancy permits as may
be appropriate; (3) if aggrieved by any decision of the
Zoning Administrator made pursuant to the provisions, the
Grantor shall petition to the governing body for the review
thereof prior to instituting Proceedings in court; and (4)
the Zoning Map may show by an appropriate symbol on the map
the existence of conditions attaching to the zoning of the
subject property on the map and that the ordinance and the
conditions may be made readily available and accessible for
public inspection in the office of the Zoning Administrator
and in the Pla-ing Department and that they shall be
recorded in the Clerk's office of the Circuit Court of the
city of Virginia Beach, Virginia, and indexed in the name of
the Grantor and Grantee.
4
WITNESS the following signature.
LAKESIDE CONSTRUCTION
CORPORATION, a Virginia Stock
corporatio
By - Erl-C C@
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, tO-Wit:
I, a Notary Public
for the State reby certify that
Eric C. Anderson, President of Lakeside nstruction
Corporation, whose name is signed on behalf of the Grantor
to the foregoing instrument bearing date on the 8th day of
May, 1991, has acknowledged the same before me in the city
and state aforesaid.
Given under my hand this day of May, 1991.
NC
my conunission expires:
5
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(D.B. 2328. P. 363) 254.76
2414-97-2121
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ROPOSED
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AG-1 TO
PROPOSED
R-7.5 00 C,4
36.687 ACS Ln C,4
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PROPOSED !n C4 LOO ui r-
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WNFIELD
LANE z
IT OF BROYLES TRACT (M.S- 172, P. 18)
PRINCESS ANNE BOROUGH - MRGINIA BEACH, VIRGINIA
Scale: 1" = 300' MAY 15. 1991
BASGIER A-ND @SOCIATFS -
- 23 -
Item II-H-2-d-
pUBLIC HFARING ITEM # 34818
PLANNING
Attorney John Richardson, represented the applicant
Eric C. Anderson, 5299 Greenwich Road, Phone: 499-5961, represented Lakeside
Construction Corporation
Upon motion by Councilwoman McClanan, seconded by Councilman Baum, City Council
ADOPTED Ordinances upon application of LAKESIDE CONSTRUCTION CORPORATION for
Conditional Zoning Classifications:
ORDINANCE UPON APPLICATION OF LAKESIDE CONSTRUCTION
CORPORATION FOR A CONDITIONAL ZONING CLASSIFICATION
FROM AG-2 TO R-7.5 Z08911331
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRIGNIA
Ordinance upon application of Lakeside Construction
Corporation for a Conditional Zoning Classification
from AG-2 Agricultural District to R-7.5
Residential District on certain property located on
the north side of Painters Lane at its intersection
with the northern extremity of Townfield Lane. The
proposed zoning classification change to R-7.5
Residential is for single family residential land
use at a density no greater than 3.5 dwelling units
per acre. The Comprehensive Plan recommends use of
this parcel for suburban low density residential at
densities that are compatible with single family
use in accordance with other Plan policies. The
parcel contains 9.616 acres. PRINCESS ANNE BOROUGH.
A N D,
ORDINANCE UPON APPLICATION OF LAKESIDE CONSTRUCTION
CORPORATIO14 FOR A CONDITIONAL ZONING CLASSIFICATION
FROM AG-1 TO R-7.5 Z08911332
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Lakeside Construction
Corporation for a Conditional Zoning Classification
from AG-1 Agricultural District to R-7.5
Residential District on certain property located
600 feet north side of Painters Lane at the
intersection with the northern extremity of
Townfield Lane. The proposed zoning classification
change to R-7.5 Residential is for single family
residential land use at a density no greater than
3.5 dwelling units per acre. The Comprehensive Plan
recomends use of this parcel for suburban medium
density residential at densities that are
compatible with single-family use in accordance
with other Plan policies. Said parcel contains
41.63 acres. PRINCESS ANNE BOROUGH.
The following condition shall be required:
1. An agreement encompassing proffers shall be
recorded with the Clerk of the Circuit Court.
- 24 -
Item III-H.2.d.
PUBLIC HEARING ITEM # 34818 (Continued)
PLANNING
This Ordinance shall be effective in accordance with Section 107 (f) of the
Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the nt
seventh of August, Nineteen Hundred and Ni One.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 25 -
Item III-H.2.e.
pUBLIC HEARING ITEM # 34819
PLANNING
The City Clerk referenced a letter from Jahn Wallace Summs, requesting DEFERRAL
until the City Council Session of September 24, 1991. Said correspondence is
hereby made a part of the record.
Richard C. Burroughs, partner, requested DEFERRAL until the City Council
Session of October 22, 1991.
Stan Palmer, 4617 Curtiss Drive, Phone: 464-3743, represented Thoroughgood
Civic League, registered in OPPOSITION but was not OPPOSED to the DEFERRAL.
Upon motion by Vice Mayor Fentress, seconded by Councilman Jones, City Council
DEF'ERRED to the City Council Session of October 22, 1991, the application of
JAHN WALLACE Summs for a Variance to Section 5.6 of the Subdivision Ordinance
which requires the provision of sidewalks on both sides of collector streets
within a residential subdivision.
Application of Jahn Wallace Summs for a Variance to
Section 5.6 of the Subdivision Ordinance. The
property is located on the south side of First
Court Road between Greenwell Road and Meeting House
Road. BAYSIDE BOROUGH.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 26 -
Item III-H.2.f.
PUBLIC HEARING ITEM # 34819
PLANNING
James R. Fox, 2256 Sandalwood Street, Phone: 481-6794, Engineer for Rock
Church, represented the applicant
Upon motion by Councilwoman McClanan, seconded by Councilman Baum, City Council
ADOPTED an Ordinance upon application of ROCK MINISTRIES, INC. for a
Conditional Use Permit:
ORDINANCE UPON APPLICATION OF ROCK MINISTRIES, INC.
FOR A CONDITIONAL USE PERMIT FOR RECREATIONAL
FACILITIES OF AN OUTDOOR NATURE R08911389
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Rock Ministries, Inc.
for a Conditional Use Permit for recreational
facilities of an outdoor nature on certain property
located on the south side of Indian River Road,
4590 feet west of West Neck Road. The parcel is
located at 2865 Indian River Road and contains 100
acres. PRINCESS ANNE BOROUGH.
The following conditions shall be required:
1. The use permit shall be reevaluated at the end of
three years to determine if existing conditions
need revisions or additional conditions are
warranted.
2. All parking spaces and drive aisles shall meet
minimum size standards as required by the City
Zoning Ordinance.
3. All parking areas, including areas along the
street, shall adhere to the Stormwater Management
Ordinance.
4. Loud speakers and amplifiers shall not be operated
between the hours of 10 p.m. through 8 a.m.
5. Major events totaling more than 500 people shall be
limited to four times a year as indicated by the
applicant.
6. A tree protection plan shall be submitted and
approved by the City Arborist prior to any land
disturbance activity.
7. The following BMP conditions relate to the proposed
canal system:
-The maximum pool depth above all wetland benches
shall range from o" to 6";
-all islands shall include a perimeter bench of 6'
and shall be identified on the revised plan;
-access to all islands shall be restricted in order
to reestablish wildlife habitat;
- 27 -
Item I I-H.2.f.
pUBLIC HFARING 1TEM # 34819 (Continued)
PLANNING
-all wetlands bench areas shall be excavated to a
minimum depth of 12" and back filled with
palustrine material (the top 12" to 16" of topsoil
removed from the vegetated area) to promote the
growth of indigenous wetlands vegetation;
-the waterward edge of all benches shall include a
12" to 24" high ridge of native soil ,hich shall be
l' to 2' wide designed to control erosion and
retain the backfilled palustrine material;
-the topsoil to be used for backfilling of the
wetlands benches shall be stockpiled, covered with
mulch or wheat straw and moistened as needed to
retain the seed stock.
8. A traffic impact study will be required at detailed
site plan review.
9. In accordance with the Master Street and Highway
Plan, a right-of-way dedication is required along
the applicant's entire Indian River frontage to
provide for an ultimate four-lane divided roadway.
An approximate 21 foot right-of-way dedication is
required. If turn lanes are deemed necessary by
the traffic impact study, additional right-of-way
will be required.
10. During detailed site plan review, the applicant
shall work with staff to address parking and
traffic concerns.
11. Parking shall be provided as shown on the submitted
site plan entitled "Parking Lot Study Rock Church,
City of Refuge, Outdoor Recreational Area,
Roundtree and Fox, P. C. " Waivers to required
standard improvements may be addressed during the
detailed review process.
This Ordinance shall be effective in accordance with Section 107 (f) of the
Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-
seventh of August, Nineteen Hundr e.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 28 -
Item III-H.2.g-
pUBLIC HFARING ITEM # 34820
PLANNING
The following registered to speak in OPPOSITION, but WAIVED their right to
speak
A. E. Fields, Jr., 1325 Downs Lane, Phone: 464-0367
Edie Wilson, 1294 Diamond Springs Road, Phone: 460-7776
John T. Sargent, 5632 Shel Road, Phone: 464-6489,
Joyce Kramer, 3204 Sherry Court, Phone: 464-0272
Letter from Attorney Thomas H. Cave,dated August 7, 1991, requesting WITHDRAWAL
is hereby made a part of the record.
Upon motion by Councilman Jones, seconded by Councilman Heischober, City
Council DENIED an Ordinance upon application of DONALINE ACRIVITIES, INC. for a
Conditional Use Permit:
ORDINANCE UPON APPLICATION OF DONALINE ACTIVITIES,
INC. FOR A CONDITIONAL USE PERMIT FOR A coMMERCIAL
RECREATIONAL FACILITY
Ordinance upon application of Donaline Activities,
Inc. for a Conditional Use Permit for a commercial
recreational facility other than those of an
outdoor nature (family tabletop) at the northeast
intersection of Diamond Springs Road and Shell
Road. Said parcel is located at 1290 Diamond
Springs Road and contains 34,281.7 square feet.
BAYSIDE BOROUGH
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
29 -
Item
pUBLIC HEARING ITEM # 34820
PLANNING
ADD-ON
Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City
Council AGREED to ADD to the AGENDA under PLANNING ITEMS:
Ordinance to appoint viewers in the petition of
VIRGINIA BEACH MARLIN CLUB, INC. for the closure of
portions of Greensboro and Mediterranean Avenue
The viewers are:
David Grochmal Director of General Services
C. Oral Lambert, Jr. Chief of Staff
Robert J. Scott Director of Planning
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 30 -
Item III-H.2.S.2
PIJBLIC HEARING ITEM # 34821
PLANNING
ADD-ON
Attorney John Richardson, represented the applicant
Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City
Council ADOPTED:
Ordinance to appoint viewers in the petition of
VIRGINIA BEACH MARLIN CLUB. INC. for the closure of
portions of Greensboro and Mediterranean Avenue
The viewers are:
David Grochmal Director of General Services
C. Oral Lambert, Jr. Chief of Staff
Robert J. Scott Director of Planning
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
ORDIN VIEWERS
WHEREAS, Virginia Beach Marlin Club, Inc. and W. C. Barco have
given due and proper notice in accordance with the statutes for such
cases made that they will, on the 27th day of
August 1991, apply to the City Council of the City
of Virginia Beach, virginia, for the appointment of Viewers to view
the below-described property and report in writing to the CO-cil
whether, in the opinion of said Viewers, any, and if any, wbat
inconvenience would result frorn the discontinuance of the hereinafter
described portion of those certain streets of variable width, and have
filed such application with said Council.
NOW, RE, be it CRD@ by the Council of the City of
Virginia Beach, Virginia:
THAT David Grochmal oral Lanbert
and Bob Scott are hereby appointed to view the
below described property and report in writing to the Cc)uncil, as soon
as possible, whether in their opinion, any, and if any, what
inconvenience would result in the discontinuing and vacating of a
portion of those certain streets of variable width lor-ated in the City
of Virginia Beach, Virginia, and more particularly described as
follows:
Parcel 1. Beginning at a point, said point being 50
feet southerly along the westerly extension of
@iterranean Avenue from the southeastern corner of
Block 30, as shown on the plat of Shadow Lawn Heights,
said plat recorded in the Clerk's Office of the Circuit
Court of the City of Virginia Beach, Virginia, in Map
Book 7, at page 14.
Thence S. 82 degrees 45' W, 4 feet along the westerly
extension of the southern limits of Greensboro Avenue
right-of-way to the Low Water Mark of Lake Rudee;
thence in a Northwesterly direction along the Low Water
Mark of the aforesaid Lake Rudee to the intersection of
the aforesaid L<)w Water Yiark and the northern limits of
Greensboro Avenue right-of-way extended westerly frcrn
the intersection of Mediterranean Avenue and Greensboro
Avenue; thence N 82 degrees 45' E, 48 f eet to the
southeast corner of Block 30, as shown on the plat of
Shadow Lawn Heights; thence S 07 degrees 15' E, 50.0'
to the pc)int of beginning.
Parcel 2. Beginning at a point, said point being 50
feet southerly along the westerly extension of
@iterraneaLn Avenue from the southeastern comer of
Block 30, as shown on the plat of Shadow Lawn Heights
said plat recorded in the Clerk's Office of the Circuit
Court of the City of Virginia Beach, Virginia, in Map
Book 7, at page 14.
Thence N 82 degrees 45' F, 50.ol to a point, -id L-int
being the northwest corn- of Block 18, as shown On the
aforesaid plalt of Shad- Lawn Heights; thence S 07
degrees 15' E, 41 feet along the eastern limits Of
ean Av-ue ight-of-way to the Low Water Mark
diterran long the Lcw Water
of Lake Rudee; then- northwesterly a
Mark of Lake Rud- to the intersection of the -ste-
limits of @iterranean Avenue and the Low Water Mark,
thence N 07 degrees 15' W, 6 feet to the point of
beginning.
ALL the abc)ve, sh@ upon that certain plat -titled "plat for Street
Closure @ted at the Intersection of Mediterranean Avenue arld
Greensboro Avenue, Virginia Beach Borough, Virginia Beach, Virginia,
Made by Phil M. Bonifant", dated March 7, 1991.
- 31 -
Item III-H.2.h.
PUBLIC HEARING ITEM # 34822
PLANNING
Upon motion by Councilman Heischober, seconded by Vice Mayor Fentress, City
Council ADOPTED:
Ordinance to AMEND and REORDAIN Section 5A.2 of the
Site Plan Ordinance of the City of Virginia Beach
Beach, Virginia, pertaining to Parking Lots
Landscape requirements.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
1 AN ORDINANCE TO AMEND AND
2 REORDAIN SECTION 5A.2 OF TI]E
3 SITE PLAN ORDINANCE OF TIIE CITY
4 OF VIRGINIA BEACH, VIRGINIA,
5 PERTAINING TO PARKING LOTS
6 LANDSCAPE REQUIREMENTS.
7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
8 BEACH, VIRGINIA:
9 That Section 5A.2 of the Site Plan Ordinance of the City of
10 Virginia Beach, Virginia, is hereby amended and reordained to read
11 as follows:
12 Section 5A.2. Applicability.
13 As concernq 1- !Pthe
14 provisions of this section shall apply to public and private
15 parking lots designed for ten (10) or more spaces and shall
16 include display areas, Gom n@ @r', parking
17 garages, I-s@ 9 dumpsters, trash receptacles, and
18 loading docks that may be viewed from any public right-of-way. As
19 concerns fniiniAi-i,n I.-,I--ape reauirpmpnf@ th- --nvisions of this
20 e
21 gg .2 of tte Site Plan
22 rdinance. A "parking lot" shall be defined as any area or
23 structure where motor vehicles are stored for the purpose of
24 temporary, daily, or overniglit off-street parking. A "display
25 area" shall be defined as an area generally considered accessible
26 to the public including auto/truck sales, leasing and rental lots,
27 recreational vehicle sales aiid rental lots, boat sales lots,
28 manufactured home sales lots, and trailer sales lots. A "loading
29 dock" shall be defined as a platformed space within the building
30 or that protrudes from the building for the standing, loading, or
31 unloading of trucks.
3 2 (a) Parking lots of ten (10) or more parking spaces shall
33 not be constructed until a landscape plan (see sections 5A.4 and
34 5A.5) of the parking lot has been approved by the administrator of
35 landscape services or his designees.
3 5 (b) Existing parking lots of ten (10) or more spaces and
36 existirig parking lots of less than ten (10) spaces whose
37 enlargement will increase it to ten (10) or more spaces shall not
38 be enlarged or reconstructed until a landscape plan of the parking
39 lot has been approved by the administrator of landscape services.
40 Landscaping shall be provided in the new parking area in
41 proportion to its enlargement or reconstruction, and not in
42 proportion to the total parking area for the site.
43 "Reconstruction" is defined as construction activity involving an
44 existing parking lot requiring a site plan which includes the
45 addition of asphalt or concrete for the purpose of facilitating
46 drainage and the addition of curbing and/or curb and gutter.
47 Patching, resurfacing, and restriping are considered maintenance
48 activities and not reconstruction. The addition of islands in an
49 existing parking lot for the purpose of landscaping shall not
50 constitute reconstruction.
51 (c) Display areas shall not be constructed until a landscape
52 plan (see sections 5A.4 and 5A.5) of the display area has been
53 approved by the administrator of landscape services. Display
54 areas shall be clearly indicated on the landscape plan (customer
55 and employee parking spaces should not be included in the
56 indicated area) . Existing display areas shall not be expanded
57 until a landscape plan has been approved by the administrator of
58 landscape services. Landscaping shall be provided in proportion
59 of the expansion, and not in proportion to the entire area for the
60 site.
61 (d) No building iew is required
62 ipursuant to 1
63 gt be constructed until a
64 foundation landscape plan (see section 5A.6) has been approved by
65 the administrator of landscape services. Existing commercial
66 buildings shall not be expanded until a foundation landscape plan
67 has been approved by the administrator of landscape services.
68 Landscaping shall be provided in proportion to the building's
2
69 expansion, and not in proportion to the entire building for the
70 site.
71 1(e) Parking garages shall not be constructed until either a
72 street frontage landscape plan (see section 5A.5) or foundation
73 landscape plan (see section 5A.6), whichever is applicable, has
74 been approved by the administrator of landscape services.
75 (f) Dumpsters and/or trash receptacles shall not be placed
76 until a landscape plan (see section 5A.7) has been approved by the
77 administrator of landscape services.
78 (g) Loading docks shall not be constructed until a landscape
79 plan (see section 5A.7) has been approved by the administrator of
80 landscape services.
81 Adopted by the Council of the City of Virginia Beach,
82 Virginia on the 27 day of AuFust 1991.
83 CA-4160
84 \ordin\proposed\46-005A2.pro
85 R-1
3
- 32 -
Item III-H.2.i.
PUBLIC HEARING ITEM # 34823
PLANNING
Upon motion by Councilman Heischober, seconded by Vice Mayor Fentress, City
Council ADOPTED:
Ordinance to AMEND and REORDAIN Section 502 of the
City Zoning Ordinance pertaining to Dimensional
Requirements in the R-5R Residential District.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
AN ORDINANCE TO AND REDRDAIN
SEC-TICN 502 OF THE CrN CRDUMCE
P TO DIMENSI@ IN UM
R-5R RESIDER= DI=CR
BE IT ORDAINED BY THE COMCIL OF THE = OF @INTA BEAai, @INIA:
nmt Section 502 of the City Zoning ordinance is hereby amended and
reordairbed to read as follows;
Sec. 502. D
Ilhe folladim l@ the requirements WlU= the R-40 t-hrough R-5S
Rp-sidential D@icts for @ lot area, width, yard spacim and
lot coverage for simle fwdly dwellims.
(a) For singte famity dwellings: RESIDENTIAL DISTRICTS
R-40 R-30 R-20 R-15 R-10 R-7.5 R-50 R-SR R-5s
--------------------------------------------------------------------------------------
(1) Mi.imum Lot area
in squar. feet: 40,000 30,000 20,000 15,000 10,000 7,500 5,000 5,000 5,000
(2) Mfnimu. tot area
outside of water,
marsh, or wettands. 24,000 24,000 20,000 15,000 10,000 7,500 5,000 5,000 5,000
(3) minimum tot width
in feet: 125 100 100 100 80 75 50 50 50
(4) Minimum front yard
setback in feet: 50 50 50 30 30 30 20 20 20
(5) Minimum front yard
setback when adjacent
to a 40 foot right-
of-way created in
accordance with
Section 4.1(m) of the
Subdivision ordinance
in feet 55 55 55 35 35 35 25 25 25
(6) Minimum side yard
setback except when
adjacent to a street
in feet: 20 15 15 10 10 5&10 8 8 5&10
(7) Minimum side yard
setback adjacent to
a street in feet: 30 30 30 30 30 30 18 18 15
(8) Minimum side yard
setback when adjacent
to a 40 foot right-
of-way created in
accordance with
Sectfon 4.1(m) of
the Subdivision
Ordinance in feet: 35 35 35 35 35 35 23 23 20
(9)
fix
in feel- 20 20 20 20 20 20 20 20 20
(10) nw ymd
fcr
stnxtuLes a-ay in
feet, 2C) 15 15 10 10 :Lo 10 10 10
(11) As an -tl-
to the
Wm @ arw
@ he 30 feet in tl-
R-M Nk LA iB Nk LA !B 29
(3.2) in 25 25 25 30 30 35 40 35 40
(13) 0-
mm as a
cE
: M m IA nk Nk
dert tn witiun tlm ad R-M frr
mnumnlct@, fx @ ard
(b) For duplex and semi-detached dwellings in the R-5D and R-5R ReSidential
Districts
Duplexes Semi-detached
-------------------------------------------------------------------------------
(1) Minimum lot area 10,000 square feet 5,000 square
feet
(2) Minimum lot width 75 feet 35 feet
(3) Minimum front yard 20 feet 20 feet
(4) Minimum front yard set-
back when adjacent to a
40 foot right-of-way in
accordance with Section
4.1(m) of the Subdivision
ordinance: 25 feet 25 feet
(5) Minimum side yard except
when adjacent to a street 10 feet 10 feet
(6) Minimum side yard when
adjacent to a street 20 feet 20 feet
(7) MiniMUM Bide yard set-
back when adjacent to a
40 foot right-of-way
created in accordance
with Section 4.1(m) of
the Subdivision Ordinance: 25 feet 25 feet
(8) Minimum rear yard 10 feet 10 feet
(9) As an excei3tion, the setback for
any yard adjacent to the Atlantic
Ocean es shall be
30 feet in the R-5R District
(10) Maximum lot coverage 35 percent 35 percent
(ilit.@ maximum building floor
area expreSBed as a
percentage of maximum 200 percent 200 percent
allowable lot coverage
The following chart lists the requirements within the R-2.5 Residential
DistrictS for minimum lot area, average lot area, lot width, yard spacing,
maximum lot coverage and maximum number of units that can be attached for attached
dwellings (townhouses).
(c) For attached dwellings(townhouses); Residential Districts
R-2.5
(1) Minimum lot area 1,400 square feet
(2) Average minimum lot area 2,500 square feet
(3) Minimum lot width interior lots 20 feet
(4) Minimum lot width exterior lots 30 feet
(5) Minimum front yard 30 feet
(6) Minimum front yard where all required 15 feet
parking is provided in the rear
(7) Minimum side yard exterior lots
when not adjacent to a street 10 feet
(8) minimum rear yard dwellings 20 feet
(9) Minimum rear yard accessory
buildings less than 100 square feet 5feet
(10) Maximum lot coverage 40 percent
(11) Maximum number of attached dwellings
that may be constructed in any one
group, without required side yards 6units
(12) Any side yards adjacent to a street shall be a minimum of 30 feet
except
when adjacent to a 40 foot right-of -way created in accordance with Section
4.l(m) of the Subdivision ordinance, then a 35 foot side yard is required.
The following chart lists the requirements within the R-40 through R-2.5
Residential Districts for minimum lot area, width, yard spacing and maximum lot
coverage for uses and structures other than dwellings.
(d) For uses other than dwellings; RESIDENTIAL DISTRICTS
R-40 R-30 R-20 R-15 R-10 R-7.5 R-5D R-5R R-5S R-2.5
------------- ------------------------------------------------------------------------------
(1) Minimum Lot area
in square feet: 40,000 30,000 20,000 15,000 10,000 10,000 10,000 10,000 10,000 10,000
(2) Minimum Lot area
outside of water,
marsh, or wettands. 24,000 24,000 20,000 15,000 10,000 10,000 10,000 10,000 10,000 10,000
(3) Minimum tot width
in feet: 125 100 100 100 100 100 100 100 100 100
(4) Minimum front yard
setback in feet: 50 50 50 30 30 30 30 30 30 30
(5) Minimum front y.rd
setb.ck in feet when
adjacent to a 40
fo.t right-of-way
cre.ted in accordance
with Section 4.1(m)
of the subdivision
ordinance in feet: 55 55 55 55 35 35 35 35 35 35
(6) Minimum side yard
setback except when
.diacent to a street 15 15 15 15 15
in feet: 25 25 25 25 20
(7) Minimum rear yard 20 15 15 15 15 15
setback in feet: 25 25 25 25
(8) As an exc
setback for any Yard
adiacent to the AtL.ntic
ocean for ructure
.h.tt be 30 feet n he
R-5R District - NA NA - 30 -
(9) fa) maximum tot coverage 40 40 40 40
in percent: 25 25 25 30 30 40
(JO)f9) Any side yards adjacent to a street shaLL be aminimum of 30 feet.
(e) Nonconforming lots:
(1) Where a lot has leBS than the minimum requirements for the R-SS
Residential District and said lot has continuously been a lot of
record, in single and separate ownership from ad@acent property,
prior to and since the passage of this ordinance, said lot may be
developed for any purpose permitted within the R-5S Residential
District.
(2 However, if the owner of a lot which does not meet the minimum
requirements of the R-5S Residential District, is the owner of or
becomes the owner of another substandard lot adjacent to it and
located in the same R-5S Residential District, he is not entitled
to the exception in (1) above. In this instance, the owner of the
two (2) or more adjacent substandard lots must combine the two (2)
or more lots to form one which will meet or more closely approximate
the frontage and area requirements of the ordinance applicable
within the R-5S Residential District.
(3 The owner of contiguous substandard lots is prohibited from conveying
one or more of the substandard lots with the result that both the
grantors and the grantee possess lots entitled to an exception
from the minimum lot requirements.
(4) Status as a single and separate owner may not be acquired after
enactment of this ordinance by selling a parcel and reducing the
remainder below the minimum lot requirements nor may an owner of
several contiguous nonconforming parcels combine them so as to
leave a substandard lot, and assert the right to exception in
above.
For the purposes of this section, lots are not regarded as ad@acent
where they form an "L", part of one being c.ntiguous to the other.
Adopted by the council of the city of Virginia Beach, Virginia, on
the_ 27 day of August 1991.
33 -
Item III-H.2-
PUBLIC HEARING ITEM # 34824
PLANNING
Upon motion by Councilman Heischober, seconded by Vice Mayor Fentress, City
Council ADOPTED:
Ordinance to AMEND and REORDAIN Article 5, Section
506 of the City Zoning Ordinance pertaining to Open
Space Promotion.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
AN ORDDMCE To AND
A M CLE 5, SECTICN 506
OF THE CM OIRDMMCE
TO OPEN SPACE CN
BE IT 0 BY THE CANCIL OF THE CITY OF @INTA BEACH, @INIA:
That Section 506 of the City Zoning ordinarice is hereby amended arxi
reordairied to read as follaws:
Ser-- 506- @ spa-
The followim lists the req=@ts within the R-40 R-7.5
Residential D@icts for @ icyt area, width, yard spacim and @ lat
coverage fcr single family dwellings developed under a valid cpen space pr on
coriditional use permit.
(a) Special ional r@ements for single family dwellings under an
cpen space prcmtion use permit:
RESID DIgMCrS
R-40 R-30 R-20 R-15 R-10 R-7.5
(1) lot area
in @e feet: 24,000 18,000 12,000 9,000 7,500 6,500
(2) lot --
ide -ter
marsh or wetlarids: 24,000 18,000 12,000 9,000 7,500 6,500
-f2tl3a lcyt width
in feet: 100 100 100 75 75 60
@@4 front yard
setback in feet: 50 50 30 30 30 30
(5) Minimm ront
- ad'a-t
@o a 40-foot ri t-
of eated iTi
with
section 4.1(
Subdivision ordinance
in feet: 55 55 35 35 35 35
@L6a Minixmm side yard
setback except when
adjacerit to a s ree,
in feet: 15 15 10 10 5&10 8
(7) Minimm
setback da t
to a street in f-t' 30 30 30 30 30 30
(8) MinimLun side
setback when cent
to a 40-foot ri t-
of@v created in
accordance ith
section .1 m of the
subdivision Ordirk- 35 35 35 35 35 35
in feet: - -
rear yard
setback
exoevt for aocessorv
s ruc ures, in
feet: , @20 @20 @20 @20 @20 @20
(10) Minimm rear
setbadc for
a@
only in feet, 15 15 10 10 10 10
lot coverage
in peroent: 25 25 26 30 30 3e35 25 35
density in
@ts per acre 0.8 1.1 1.7 2.25 3.0 3.5
to et s@eee-- --- --' '- --- - ft @G Ifeele.
Ado@ by the il of the City of Vircjinia Beach, Virginia, on
th 27 day August 1991.
- 34 -
Item 111-H.2.k.
PUBLIC HEARING ITEM # 34825
PLANNING
Upon motion by Councilman Heischober, seconded by Vice Mayor Fentress, City
Council ADOPTED:
Ordinances to AMEND and REORDAIN the City Zoning
Ordinance:
Section 203(a)(23) re off-street parking
requirements for marinas.
Section 236 re marinas, commercial, non-
commercial and community boat docks.
Section 901 re use regulations for marinas.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McCianan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
AN ORDINANCE TO AMEND AND REC)RDAIN
SE=ON 203(a) (23) OF ME = ZO@ ORDDWCE
P M P REQ
F'OR
BE 1T O@ BY @ OMNCYL OF OF @@ BEAai,
@t Section 203 of the City Zoning Ordiriance is hereby ed and
reordairied to read as follows:
Ser-. 203. Off
(a) The following specified uses shall ccmply with the off-street
parkiM req= @ts designated therefore-
(1) Animl hospitals, business studios, el and philanthropic
institutions, veterinary establishments, @cial kenmls,
animl pounds and sheltp-rs, wholesalim and distribution cpp-rations,
financial imtitutions other than barks, labc)ratories other than
medical, passenger transportation terminals and broadcasting
stuclios: At least one space per four hundred (400) square feet of
floor area;
(2) Auditori@, assenbly halls and union halls; cial recreation
facilitip@: At least one space per one hundred (100) square feet
of f loor area or at least one space per five (5) fixed seats,
whichever is greater; 1
(3) Banks, credit unions, sav@s and loans, and other such financial
institutions: At least one space per one hundred twenty-five
(125) square feet of floor area;
(4) Botanical and zoological gardens: At least one space per ten
thousand (10,000) square feet of lot area;
(5) Bowling alleys: At lea--t five (5) spaces per alley;
(6) Child care centers and child care edlication centers: At least
one space per three hundred (300) sqliare feet of floor area;
(7) Churches: At least one space per five (5) seats or bench seating
space in the iman auditorium;
(8) College or university: At least one spaoe per five (5) seats in
the rain auditorium or five (5) spaoes per classrocm, whichever i--
gr-ter;
(9) Convalescent or nlirsing hcnie; At least one space per four (4)
patient beds;
(10) Country irms: At least one space per rom provided for lodging
61
transients;
(11) Drive-in eating and drinking li ts: At least or)e space
per fifty (50) square feet of floor area;
(12) Dwellings, single family, @-detadied, duplex and attached: At
least two (2) spa- per dwelling unit;
(13) Dwellings multi-family: At least two (2) spaces Per dwelling
unit for the first fifty (50) units 1-ted on a zoning lat and at
leaSt one and three quarters (I 3/4) spa- per dwelling unit for
all units in excess of fifty (50) units.
(14) Eting and drinking establisbments: At least one space fOr -ch
seventy five (75) square feet of floor area;
(15) Eating and dr estabi ts a-ry to a hotel: At
least one space for each three huridred (300) e f-t of floor
area in dining ar-;
(16) Fratemity or sorority h-, stud-t do-itory: At least one
spaoe per two (2) lc)dging @ts per thr- (3) tse
wh-ichever is gr-ter;
(17) @ture or applianr-e stores, -chinery ecluipment, aut-tive
and boat sales and service: At least - spacle per nine hurldred
(goo) e feet of floor arp-a;
(18) Golf courses: At least five (5) spaces per hole in the nein
(19) Greenhouses and plant nurseri-: At 1-t - space per
th (i,ooo) e feet of selling area;
(20) Hcmes for the aged, disable or handicapped: At least One space
per unit;
(21) Hospitals: At least twc) and o-half (2.5) spa@@@ per patient
bed;
(22) Lodging units; At least one space per lodging unit;
!@@; At 3:@t e!@ @ee
(23) Medical, cptical, and dental offices and clinics, and medic:al
laboratories: At l@ one space per two h@ed fifty (250)
sq-e feet of floc)r area;
(24) Meet@ rocm and convention hall facilities acoessory to a hotel:
At least one spaoe per twenty (20) -ting -pacity;
(25) ard art galleries: Not less than ten (10) spaces and Or)e
additional space for each three hurldred (300) square feet of floor
area or fraction thereof in excess of one thousand (1,000) square
62
feet;
(26) Ni@lubs, bars, taverns, and darice hall-s: At least one spa-
per one hundred (100) square feet of floor area;
(27) h@ and smilar housim for imtltutional enplayees: At
least one space per four (4) ts;
(28) offices: At least one space per two hundred seventy (270) square
feet of floor area;
(29) Personal service establishments: At least one space per two
hundred (200) square feet of floor area;
(30) Print@ and publ establishmnts: At least one space pp-r
one th (1,000) square feet of floor area;
(3 1) @a2+ Private clubs and lodges, social centers, athletic clubs and
@cial recreation faciliti- other than bowling alleys: At
least one space per one hundred (100) square feet.of floor area;
(32) Public bllildings and funeral homp-s: At lpaqt one space per five
hundred (500) square feet of floor area;
(33) Retail establishmnts, re@ establi ts, plumbing and heating
estabi ts and service establishnients other than personal
@oe establishments: At least one spaoe per two hundred (200)
square feet of flc)or area;
(34) Restaurants other than drive-in eat@ and dr establish-
@ts: At least one space per seventy-f ive (75) square feet of
floor area;
(35) Sanitariums: At least one space per four (4) patient beds;
(36) service or re@ establishmnts, rotion picture studios, utility
installations, mnufacturing, industrial, p-sing, packag@,
fabricating, research or testing labs, wareh@ establishments,
printing, publishing, and pl@ing and heat@ establi ts; At
least one space per enployee on wor@ shift;
(37) (i) Shopping centers containing mre than eight (8) individual
@ or bus@ses and located on a zo@ lat five (5) to
ten (10) acres in size shall have a total of:
(a) one (1) space per two hundred (200) square feet of floor
area of all uses exoept restaurants and theaters;
(b) one (1) space per two hundred (200) square feet of floor
area of rp@taurants and theaters occulpyam, in the
aggregate, five (5) per cent or less of the total floor
area of the shoppincj center;
(c) (1) space per -v-ty-five (75) square feet of floor
63
area of restaurants in excess thereof; and
(d) one (1) space per one huridred (100) square feet of floor
area of theaters in excess thereof.
(ii) @opping centers containing mre than eight (8) ir)dividual
uses or bus@ses and located on a zo@ lcyt ten (10) to
thirty (30) acres in size shall bave a total of:
(a) one (1) space per two hundred (200) e feet of floor
area of all uses ex@ restaurants and theaters;
(b) one (1) space per two huridred (200) square feet of floor
area of restaurants and theaters ying, in an aggregate,
ten (10) per cent or less of the total floor area of the
shopping -ter;
(c) - (1) spa- per -venty-five (75) square feet of floor
area of restaurants in excess thereof; and
(d) one (1) space per one hundred (100) square feet of floor
area of theaters in excess thereof.
(iii) @opping centers containing mre than eight (8) individual
uses or bus@ and located on a zo@ lot greater than
thirty (30) acres in size shall have a total of:
(a) one (1) spaoe per two hundred (200) square feet of floor
area of all uses except restaurants and theaters;
(b) one (1) space per two hundred (200) square feet of floor
area of restaurants and theaters o=ipy@, in the
aggregate, fifteen (15) per cent or less of the total
floor area of the shopping center;
(c) (1) spa- per -venty-five (75) e feet of floor
area of restaurants in excoess thereof; and
(d) one (1) space per one hundred (100) e feet of floor
arp-a of theaters in excedd thereof.
(iv) Notwi the forecjo@ provisions, in the event the
total parking r enr-nt of the individual uses within a
shopping center is 1-@ than that r@ed t to (i)
and (ii) hereinabcyve, the 1-ser r@ shall apply.
(38) Vor-ational, technical, industrial and trade schools: At least six
(6) spaces per classrocxn;
(39) Uses pexmitted under conditionall use p--=ts shall ccuply with the
specific off@eet parking ::@ements attached to the conditional
use permit.
(b) General standards. Any off@eet parking spi@ a, including spaoes
provide abcyve the @ rev=ed, shall have mu=@: ions of nim
64
(9) by eighteen (18) feet; provided that ions for parallel
parking spaces shall be nine (9) by tw-ty-t- (22) f-t; Provided that
within a parking lot Or an enclosed parking garagp- - st-@@ twenty-five
(25) per cent of the spaces provided nuy be designated for ct - p-ided
that the ions shall be eight (8) by seventeen (17) f-t f-
r@ar spaces or eight (8) by twenty (20) for parallel spa- and that all
,uch c:t r-ar spaoes be clearly @ked with the wording "@ct cars
onlyll; provided further that where the width of a parking space abuts a
street frmtage lands-pir)g st-xip and/or interior landscaping -, the
l@ of the parking spacer may be reduced bY one and om-half (1.5) feet.
to a street and sMIl be
Each @ce shall be unobstru@, shall have a@
so arranged that arry autcmbile my be rnoved without mving -tho-rl --Pt
in the @ of parkincj for one and two family dwellings and in the case of
parking for enployees - the pr@ses. All spaces shall be provided and
rnainta@ with - all-weather surface. Where parking areas are illuminated,
all sources of illumination shall be so shielded as to Prev-t any direct
reflection adjacent premises in residential, apart-nt, or hotel
icts. in addition:
(1) Parking areas for three (3) - -e autc-bilol, shall have individual
spaces @ked ecpt in the case of par@ for one and two family
detached dwellir)gs, and spa- shall be - -anged that no
maneuver@ directly imidental to enterincj or leaving a parking
space shall be on arly public str-t, alley, or walkway.
(2) Minilmm aisle width required f- parking areas shall be according
to the follcwing table Aisle Width
- d le f-t
0-44 12
45-59 13.5
60-69 18.5
70-79 19.5
80-89 21
90 22
(c) Parking for accessory Unl- Oth-i- @ified in the
district regulations, accessory uses shall conform to the parkim requ--ts
applicable to such uses, which requir-ts shall be in addition tO anY
parking r@ed of the Principal --
(d) ccmtercial vehicular parking. Parking of a @cial vehicle in
r,sidential or a t districts shall be Prohi-bited, -cept that -
@ial vehicle of one ton - 1- -Y be Parked On anY lot where there
is located a rain building by a -id-t of the premises. lihis restriction
shall not appl P during th norma conduct busit-
iy@ ial vehicl - e 1 Of
or in the del pravlsion of service to a residential area. The parking
of semi-trail@ for ccmnercial or industrial storage is pr@ited
on bona fide construction sit-.
(e) Requirenients for access by @sabled per--. The follow'M requ--
rEnts shall be applicable for all public and nonresidential buildings:
65
(1) off-street palrking r@@ts for handicapped persons shall be in
accordance with the following table:
ed Number of
'Ibtal Parking in Lot Acwssible Spaces
5 to 50 1
51 to 100 2
101 to 200 3
over 201 3 plus 1-% of spa@
in excess of 200
(2) Parking spaces for disabled persoris shall have a minimm ion
of eight (8) by eighteen (18) feet, and have an adjacent access
aisle with a minimmn ion of five (5) feet wide. Such parking
access aisl- shall be part of the accessible route to the bltilding
or facility entranoe. @ such accessible parking spaces my
@e a ccumn aor-ess aisle. Accessible parking spaces shall be
designated as reserved for the disabled by a sign showing the
symbol of aocessibility. Such signs @ll have the lower edge of
the sign no lower than four (4) feet above grade.
(f) Residential parking requirem--nts. Any area within a garage or
within an enclosed or covered space ney be counted toward @tir)g off-street
parkirxg requirements except where specifically prohibited in the applicable
district regulations.
Adcpted by the Council of the City of Virginia Beach, Virgiriia, on
the. 27 day of August 1991.
66
AN AMENEU= TO AMEND AND REZ)RDAIN
SBMON 236 OF THE = ORDINANCE
P G 'M @
BE IT ORDA= BY THE COUNCIL OF TliE = OF @IffA BEACH,
@t @ion 236 of the city zonirig ordinance is hereby ed and
reordained to read as follows:
Sec- 236. ial, ial and ty boat
(a) @tion and site reqair@ts. commercial niarin-as non ial
Imr@ and @ty boat doc:ks shall be so located as to be accessible
fran rdajor roads without creating traffic oongestion on @r streets through
residential, apartnient or hotel districts.
(b) Parking recfuir@ts. A @inm of one off-stxeet Parkincf sipaoe
per boat slil) shall be recruired, provided that where launching r@ adjoin
the parking area, the @k@ @ces all have a minimm d@ion of twelve
(12) feet by fortv (40) feet. Where approt)riate and conditions w=ant,
city Council Roy require additional parkim spaces.
Egtal+/-
tMt el @ 19 r alIP5 @j
a-14:
:F@ by f@ (4 E) @@@
(c) The followincf shall apply to non cial and comnlmity boat
docks only:
(1) A security and inintenance plan is required at tim of application.
plan shall address ownership of the facility, individuals or
group responsible for raintenance, the Tnethods proposed for limiting
access to owners, s or their guests, to all docks, piers,
laun@ and par@ areas and @thods proposed for lmit@
hours of operation if required by item (1) above.
(2) Laun@ , clubhouses, and par@ alreas on land which are
to be open for use betwep-n the hc= of 10:00 p.m. and 7:00 a.m.
shall be at least three hundred (300) feet frcm the riearest lat
line of any lot on which a residence is perndssible. If any such
areaLs or fury--tiorls are not cpen between the hours @cated, the
distance uay be reduced to one hundred fifty (150) feet or if
par@ areas are ery--losed by a solid @nry wall at least six
(6) feet in height, the distance imy be recluced to one hundred
fifty (150) feet.
Adopted by the Council of the City of Virginia Beach, Virginia, on
th 2 day f ugl'st 1991.
67
AN ORDINANCE TO AMfI~D AND RfDRDAIN
SECTION 901 OF THE CITY ZONING ORDINANCE
pER~A3]glNG TO USE RflTJLATIONS FOR MAItlII~S
BE IT ORDAINED BY R]{E ODUNCIL OF T}~ CITY OF V]I~IN/A BEACh, VIRGINTA:
That Section 901 of the City zoning Ordinance is hereby amended and
reordained to read as follows:
SeC. 901. Use I~eg~lati~s.
(a) Principal and conditional uses.
The following chart lists those uses permitted within the B-1 through
B-4 Business Districts. Those uses and structures in the respective business
districts shall be permitted as either principal uses indicted by a P or as
conditional uses indicated by a C. Uses and structures iedicated by an X
shall be prohibited in the respective districts. No uses or structures
other than as specified shall be permitted.
Use B-1 B-lA B-2 B-3 B-4
Animal hospitals, pounds, shelters,
conm~rcial kennels, provided that all
animals shall be kept in soundproofed
air conditioned buildings
Attached dwellings
Auditoriums, assembly halls and union halls
P P P P P
X X X X P
X C P P P
Autobile repair garages and small engine repair
establishments, provided that all repair
work shall be performed within a
Automobile repair establishments dealing
exclusively in minor repairs of the
type provided at automobile service
stations
Automobile service stations; provided
that, where there is an adjoining
residential or apartment district
without an intervening street, alley
or permanent open space over twenty-
five (25) feat- in width and where lots
separated by a district boundary have
adjacent front yards, Caegory VI
screening shall separat~ the automobile
service station use fromthe adjacent
residential distric and no ground sign
shall be withi fifty (50) feet of the
residenti or apartment district
X X C X C
X X C C C
X X C C C
Bakeries, confer-tic)neries and delicatessens,
provided that products prepared or
processed on the premises shall be
-ld only at retail and only on the
premises p p p p p
Bicycle and @ rental establi ts x x x x c
Bir)go Halls x x c x c
Boat sales x x p x
Borrow pits x x c x x
Bulk stc)rage ya-rds and bu-ilding oontractors,
Yards; Pr(yvided that no sale or
pr-ing of -p, salvage, or
raterial shall be permitted
in -ch yards; and, provided further
that -ch stc)rage yards shall be
ccFnpletely enclosed except fc)r
n cpening for irigress and
egr- by a f- or wall not less
than six (6) feet in height x x c x x
Business and vor-ational schools which do
-t --lve the operation of wocdwork
shops, -d-e shops or other simlar
facilities x p p p p
BusinP-ss studios, offices, and clinics p p p p p
Car wash facilities, provided that: (i)
- -ter Produced bY activities on
the zonincl lot shall be permitted to
fall upon or drain across public
str-ts Or sidewalks or adjar-ent
P-Perti-; (ii) a mininm of three
(3) off-street parking spaces for
autcmbiles shall be provided for
-ch - @ space with-in the facility. x x c c c
Child care and child care edur-ation centers c c p p p
Churches x c c c c
- - --- - - - - -
ial parking lots, parking cjarages
and storage garages x x p p p
cial recreation facilities other
th- of an outdoor nature x x c c p
Dormitories for Parine pilots x x x x c
@stor-, beauty shops and barbershops p p p p p
EatiM and dr establi ts with
drive-through windows x x p p p
FatiM ar)d dr establi ts without
drive-thr@ wind@ p p p p p
Financial institutions p p p p p
Florists, gift shops.and statio@ stores p p p p p
Rmeral homes x p p p p
Furniture re@ and upholstering, repair
services for radio and televisi- and
ld appliarloes other than
those with gasoline engines; servi-
and repair services for bus@
machiries; carpet and linoleum laying;
tile settirig, sign shops and other
small service businesses x p p p p
Gr and plant nurseries x p p x p
stores, carry @ t food stores and
convenience stores all being both free-
stand@ and in a structure with a gross
floor area of less than fivg-thousand
(5,000) square feet c c p p p
stores, carry-mt food stores and
convenience stores whether or not free-
standing, but in a structure with a gross
floor area of not less than five-thousancl
(5,000) square feet x x p p p
Grocery stores, carry-out food stores and
convenience stores any of which are not
freestanding but are in a structure with
a grors floor area of less than five-thousarid
(5,000) square feet p p p p p
tieliports and helistops x x c c c
lkme occupatioris x x x x c
Hcmes for the aged, disabled or handicapped,
including convalescoit or nursirig
; mtemity hcmes; child care
oenters, other than those oovered
under permitted principal uses and
structures hereinabave, when not
operated by a public agency, provided that
the density for for the aged
shall be sixty (60) dwelling units per acre
and the maxmm height sball not exceed
om-huridred arxi sixty five (165) feet, provided
however, that the allawed excess height sball
not exceed twice the distance to the nearest
lot lirie from the structure with the excess
height, @ithstanding the above, no structure
shall exceed the heicjht limit established by
Sec. 202(b) regarding air navigation. x x x x c
Hospitals and sanitariunis x x c c c
Hotel and motels x x x p p
Hotel and motels with iricreased lodging
unit density and height, provided that
the maximum derlsity shall be one-hurxired
and twenty (120) lodging units per acre,
the minimum lot area shall be one (1) acre
and the heicjht shall be one-hundred
(100) feet, notwithstanding the above, no
s e shall exceed the height limt
established by Sec. 202(b) regarding air
navigation. x x x x c
Laboratories and establishtnents for the
prodLiction and re@ of eye glasses,
hear@ aids and prosthetic devices x x p p p
laundry and dry cleaning agencies p p p p p
Liquor stor-, package only p p p p p
Marinas, ccmrercial x x PC PC c
Medical and dental offices p p p p p
Medical laboratories x x p p p
Mini@ehouses x c c c c
mobile hcme sales x x c x x
Motor vehicle sales and rental, provided
the minixmm lot size is twenty
th (20,000) square feet x x c c c
Maltiple-faTnily dwellings x x x x p
museums and art galleries c p p p p
Newspaper printing and publishing, job
and ccmtv--rcial printing x p p p p
Ni@lubs, bars, tav@, dance halls x x p p p
Off-site parking facilities in connection
with hotels and mtels lor-ated
within the @l Resor-t Tourist
District may be permitted on zoning
lots within the B-4 Resort cial
District where the r@ed off-street
parking camot be provided on the
lot with the pr@ipal building or
use provided: (a) Structures for parking
facilities shall confonn to the
regulations of the district in which
located. (b) A written agr@t
assuring continued availability of
the n of spaces indicated shall
be drawn and executed, and a certified
copy of such agreenient shall be
recorded with the Clerk of the
Court. Such agr@t shall stipulate
that, if such space is not maintained
or space aoceptable to the planning
director substituted, the use or
such por-tion of the use as is deficient
in n of parking spaoes shall be
discontinued. 'Ihe agreemnt shall
be sub3eat to the approval of the
city atto-y. x x x x p
Passenger transportation terminals x x c c c
Personal service establishmnts, other than
those listed separately x p p p p
Private clubs, lodges, social centers,
el establi ts and athletic
clubs p p p p p
Public buildings and grourds p p p p p
Public utilities installations and
@tations provided storage or
Ymintenarr-e facilities shall nat be
permitted; and provided, further, that
utilities substations, other than
individual trarisformm, shall be surr@ed
by Category VI screening, solid exceprt for
entrances and exits; and provided also,
transformer vaults for underground utilities
and the like shall require only Category I
screenirxj, solid except for access opening. p p p p p
Public utilities offices x x p p p
Public utility storage or maintenanoe
installations x x c c c
Radio and television broadcastirig stations
and line-of-sight relay devices x c c c c
Recreational and t facilities of
an outdoor nature, which Tmy be
par-tially or @rarily enclosed on
a seasonal basis with approval of
city council, provided that, in the
develo@t of such properties,
safeguards are provided to preserve
and proteat the existing chara@
of adjacent properties, except that
riding academies and recreational
ourids shall not be allowed as
a conditional use or otherwise. x c c c c
Repair and sales for radio and television
and other household appli-, --pt
where such establishments exceed two
thousand five hundred (2,500) square
feet of floor area p p p p p
Retail establi ts, other those
listed separately, including the
incidental innufacturing of goods
for sale only at retail on the
premises; retail sales and display room
and lots, provided that yards for
storage of new or used building
inaterials or for any scrap or
salvage tior)s or for storage or
display of any scrap, salvage or
bailding naterials or
autcmbile parts shall riot be allowed x p p p p
Veterinary establ ts and cial
kennels, provided that all animls
shall be kept in sound-proofed, air-
conditioned blul@s p p p p p
Wholesaling and distribution operations,
provided tbat @ operations do not
involve the use of: (i) imre than two
thousand (2,000) square feet of
floor area for storage of wares to
be sold at wholesale or to be
distributed, or (ii) any vehicle
rated at more than one and one-half
(1/2) ton capacity or (iii) a total
of iwre tban five (5) delivery
vehicles. x x p c x
(b) ry uses ar)d structures: Uses and structures which are
custcmarily accessory and clearly incidental and subord@te to the
principal uses and structures, including, but not 1 @ ted to:
(1) An accessory activity opexated for profit in a residential
dwelling unit where there is no changed in the outside appearance
of the bjilding or premises or any visible or audible evidence
detectable fran outside the building lot, either permanently
or intermittently, of the conduct of such @iness except for
one non-illuminated identification sign not more than one
square foot in area mounted flat agairlst the residence; where
no traf f ic is generated, including traf f ic by @cial delivery
vehicles, by such activity in greater volums than would
norrmlly be expected in the neighborhood, and any need for
parking generated by the conduct of such activity is @t off
the street and other than in a required front yard; where the
activity is conducted on the premises Miieh is the boria fide
residence of the pri-ncipal practitioner, and no person other
than s of the immediate family oocupying such dwelling
unit is ezployed in the activity; where such activity is
conducted only in the principle structure on the lot; where
there are no sales to the general public of produ@ or
@chandise fran the home; and where the activity is specif ically
designed or conducted to pernat no wre than one patron,
custcmr, or pupil to be present on the premises at any one
tim. Me follcwing are specifically prc2-iibited as accessory
activities: Convalescent or nursir)g h@, tourist h@,
rassage parlors, radio or television repair shops, auto
repair shops, or similar establishmnts-
Adopted by the Council of the City of Virginia Beach, Virginia, on
the_ 27 day of August
1991.
35 -
Item
RESOLUTIONS/ORDINANCES ITEM # 34826
Upon motion by Counci Iman Heischober, seconded by Vice Mayor Fentress, City
Council ADOPTED:
Resolution awarding $49,050,000 General Obligation
Public Improvement Bonds, Series of 1991C, to
Kidder Peabody & Company Incorporated, in
accordance with the terms of their bid which shall
bear Interest at 6.359438% as set forth in such
bid.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndort, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent
None
The undersigned City Clerk of the City of Virginia Beach,
Virginia, hereby certifies that:
1. A regular meeting of the city council of the city of
Virginia Beach, Virginia (the "Council"), was held on August 27,
1991, at which the following members were present and absent:
PRESENT: Councilman John A. Baum
Councilman James W. Brazier, Jr.
Councilman Robert W. Clyburn
Vice Mayor Robert E. Fentress
Councilman Harold Heischober
Councilman Louis R. Jones
Councilman Paul J. Lanteigne
Councilwoman Reba S. McClanan
Mayor Meyera E. Oberndorf
Councilwoman Nancy K. Parker
Councilman William D. Sessoms, Jr.
ABSENT: None
2. A resolution entitled "Resolution Awarding $49,050,000
General obligation Public Improvement Bonds, Series of 1991CII was
adopted by affirmative roll call vote of a majority of all
members of the Council, the ayes and nays being recorded in the
minutes of the meeting as shown below:
MEMBERS VOTE
Councilman John A. Baum Aye
Councilman James W. Brazier, Jr. Aye
Councilman Robert W. Clyburn Aye
Vice Mayor Robert E. Fentress Aye
Councilman Harold Heischober Aye
Councilman Louis R. Jones Aye
Councilman Paul J. Lanteigne Aye
Councilwoman Reba S. McClanan Aye
Mayor Meyera E. Oberndorf Aye
Councilwoman Nancy K. Parker Aye
Councilman William D. Sessoms, Jr. Aye
3. Attached hereto is a true and correct copy of such
resolution as recorded in the minutes of the meeting on August
27, 1991, and as approved by the Mayor.
4. This resolution has not been repealed, revoked,
rescinded or amended and is in full force and effect on the date
hereof.
WITNESS mY signature and the seal of the City of Virqinia
Beach, Virqinia, this day of August, 1991.
city Clerk, City of Virginia
Beach, Virginia
(SEAL)
1 RESOLUTION AWARDING $49,050,000 GENERAL OBLIGATION
2 PUBLIC IMPROVEMENT BONDS, SERIES OF 1991C
3 WHEREAS, the Council of the City of Virginia Beach, Virginia
4 (the "City"), by resolution adopted on August 6, 1991 (the "Bond
5 Resolution"), authorized the sale of $49,050,000 General
6 obligation Public Improvement Bonds, Series of 1991C (the "Series
7 of 1991C Bonds"); and
8 WHEREAS, pursuant to sale procedures set forth in the City's
9 Notice of Sale, sealed bids for the Series of 1991C Bonds were
10 received in the office of the City manager at 11:00 a.m., local
11 time, on this date. Each of the bids offered to pay par, a
12 premium as indicated and accrued interest on the Series of 1991C
13 Bonds from the date of the Series of 1991C Bonds to the date of
14 delivery:
15 1. Bid of Prudential Securities, Inc., offering to pay a
16 premium of $1,194.50 for the Series of 1991C Bonds bearing
17 interest at the rates set forth in Column 1 on Exhibit A attached
18 hereto.
19 2. Bid of Kidder, Peabody & Co., Incorporated, offering to
20 pay a premium of $1,065.50 for the Series of 1991C Bonds bearing
21 interest at the rates set forth in Column 2 on Exhibit A attached
22 hereto.
23 3. Bid of Lehman Brothers, offering to pay a premium of
24 $ -0- for the Series of 1991C Bonds bearing interest at the rates
25 se @forth in Column 3 on Exhibit A attached hereto.
26 4. Bid of Merrill Lynch Capital Markets, offering to pay a
27 premium of $ -0- for the Series of 1991C Bonds bearing interest
28 at the rates e@t forth in Column 4 on Exhibit A attached hereto.
29 5. Bid of First Chicago Capital Markets, Inc.- , offering to
30 pay a premium of $5,191.00 for the Series of 1991C Bonds bearing
31 interest at the rates set forth in Column 5 on Exhibit A attached
32 hereto.
33 6. Bid of Clayton Brown & Associates, Inc., offering to
34 pay a premium of $3,670.50 for the Series of 1991C Bonds bearing
35 interest at the rates set forth in Column 6 on Exhibit A attached
36 hereto.
37 7. Bid of Donaldson, Lufkin & Jenrette Securities Corp.,
38 offering to pay a premium of $5,069.00 for the Series of 1991C
39 Bonds bearing interest at the rates set forth in Column 7 on
40 Exhibit A attached hereto.
41 WHEREAS, representatives of Government Finance Associates,
42 Inc. and Government Finance Research Center, the City's financial
43 advisors reported that the bid of Kidder, Peabody & Co.,
44 Incorporated, a copy of which bid is attached hereto and made a
45 part hereof, offered to purchase the Series of 1991C Bonds at the
46 lowest cost to the City, determined in accordance with the Notice
47 of Sale, and recommended acceptance of the bid.
48 NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
49 VIRGINIA BEACH, VIRGINIA, THAT:
50 The Series of 1991C Bonds, the form and details of which
51 have heretofore been prescribed by the Bond Resolution are hereby
52 awarded to Kidder, Peabody & Co., Incorporated in accordance with
53 the terms of their bid and shall bear interest as set out in such
54 bid.
55 Adopted this 27th day of August, 1991, by the Council of the
56 City of Virginia Beach, Virginia.
57 APPROVED:
58
59 MAYOR
EXHIBIT A
SUMMARY OF BIDS FOR
$49,050,000 CITY OF VIRGINIA BEACH GENERAL OBLIGATION
PUBLIC IMPROVEMENT BONDS, SERIES OF 1991C
MaturitV Amount 1 2 3 4 5
1992 2,450,000 6.10 6.10 6.10 6.10 6.125
1993 2,450,000 6.10 6.10 6.10 6.10 6.125
1994 2,450,000 6.10 6.10 6.10 6.10 6.125
1995 2,450,000 6.10 6.10 6.10 6.10 6.125
1996 2,450,000 6.10 6.10 6.10 6.10 6.125
1997 2,450,000 6.20 6.10 6.10 6.20 6.125
1998 2,450,000 6.20 6.10 6.10 6.20 6.125
1999 2,450,000 6.20 6.10 6.10 6.20 6.125
2000 2,450,000 6.20 6.10 6.10 6.20 6.125
2001 2,450,000 6.20 6.10 6.20 6.20 6.125
2002 2,450,000 6.20 6.10 6.20 6.20 6.20
2003 2,450,000 6.30 6.20 6.25 6.30 6.30
2004 2,450,000 6.40 6.40 6.375 6.40 6.40
2005 2,450,000 6.40 6.50 6.50 6.50 6.40
2006 2,450,000 6.40 6.50 6.50 6.60 6.50
2007 2,450,000 6.50 6.50 6.60 6.60 6.60
2008 2,450,000 6.60 6.60 6.625 6.60 6.60
2009 2,450,000 6.60 6.60 6.625 6.60 6.60
2010 2,450,000 6.60 6.60 6.625 6.60 6.60
2011 2,500,000 6.60 6.60 6.625 6.625 6.60
MaturitV Amount 6 -7
1992 2,450,000 6.20 6.10
1993 2,450,000 6.20 6.10
1994 2,450,000 6.20 6.10
1995 2,450,000 6.20 6.10
1996 2,450,000 6.20 6.10
1997 2,450,000 6.20 6.20
1998 2,450,000 6.20 6.20
1999 2,450,000 6.20 6.20
2000 2,450,000 6.20 6.20
2001 2,450,000 6.20 6.20
2002 2,450,000 6.20 6.20
2003 2,450,000 6.35 6.30
2004 2,450,000 6.40 6.40
2005 2,450,000 6.50 6.50
2006 2,450,000 6.60 6.50
2007 2,450,000 6.625 6.60
2008 2,450,000 6.625 6.625
2009 2,450,000 6.625 6.625
2010 2,450,000 6.625 6.70
2011 2,500,000 6.625 6.70
- 36 -
Item Ill-I.l.a.
RESOLUTIONS/ORDINANCES ITEM # 34827
ADD@
Upon motion by Vice Mayor Fentress, seconded by Counci lwoman Parker, City
Council voted TO MOVE FORWARD on the Agenda:
Resolution authorizing and directing the City
Attorney to reinstitute suit in the matter of
Patrick A. Janezeck v. Board of Zoning Appeals re
Variance for a billboard located at Shore Drive and
Vista Circle (LYNNHAVEN BOROUGH).
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McCianan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent
None
- 37 -
Item 111-1.2.
RESOLUTIONS/ORDINANCES ITEM # 34828
The following registered in SUPPORT of the Resolution:
Capta I n Les Fen I on, 2224 Sca I I op Road, represented the Great Neck Assoc 1 at I on
of Civic Leagues, Phone: 481-2501, presented petitions in SUPPORT of the
Resolution. Said petitions are hereby made a part of the record.
Maurice Jackson, 1125 Ditchley Road, Phone: 428-1470, President of Virginia
Beach Council of Civic Organizations
Pat Bridges, Chaired the Mayor's Task Force on the City's Appearance, 109 Holly
Crescent Road.
Terry Elliot, 1204 Fern Ridge Road, Phone: 468-3182, represented Princess Anne
Plaza Civic League
Robert Dean, 1204 Shawn Drive, Phone: 427-6606, Chairman - Southeastern
Association for Virginia's Environment
Emily Slingluff, 1217 Noth Bay Shore Drive, Phone: 428-6167
Alfonso 1. Strazzullo, 3120 Sandpine Road, Phone: 481-0024, President of
Lynnhaven Colony Civic League
Tim Barrow, Chairman - Resort Area Advisory Commission
Kathleen Kinlaw, 1706 Woodside Lane, Phone: 481-4828, President of the Virginia
Beach Council of Garden Clubs.
Rae H. Le Sesne, 5325 Thornburg Lane, Phone: 497-8008, represented the Citizens
Action Coalition, Inc.
V. 0. Harkness, Jr., 520 Chesopeian Trail, represented the Chesopelan Civic
League Phone: 340-6687
Robin L. Barefield, 2570 Oceanshore, Phone: 481-1979, Consultant, represented
the Virginia Beach Beautification Commisson
Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925
The following registered In OPPOSITION to the Resolution:
Douglas W. Davis, 6037 Providence Road, Phone: 420-7722, Attorney for Edwin B.
Lindsley, Jr.
Jimmy S. Fant@ 121 Sykes Avenue, Phone: 491-6974
Jerry Mack Douglas, Jr., 4356-2 Bonney Rood, Suite 102-A, Phone: 340-0199, REal
Estate Attorney represnting Edwin B. Lindsley, Jr. Mr. Douglas presented a
petition in OPPOSITION to the Resolution.
A MOTION was made by Councilwoman McClanan, seconded by Councilwoman Parker,
to ADOPT:
Resolution authorizing and directing the City
Attorney to reinstitute suit in the matter of
Patrick A. Janezeck v. Board of Zoning Appeals re
Variance for a billboard located at Shore Drive and
Vista Circle (LYNNHAVEN BOROUGH).
- 38 -
Item 111-1.2.
RESOLUTIONS/ORDINANCES ITEM # 34828 (Continued)
Voting: 3-8 (MOTION LOST TO A NEGATIVE VOTE)
Council Members Voting Aye:
Reba S. McC)anan, Mayor Meyera E. Oberndorf, Nancy K.
Parker
Council Members Voting Nay:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne and
William D. Sessoms, Jr.
Council Members Absent
None
*Councilwoman Parker DISCLOSED pursuant to Section 2.1-639.14(G) of the Code of
Virginia, she and her husband own property at 604 Goldsboro Avenue which is
valued In excess of $10,000 and which Is the subject of a suit brought against
them by Alvord Corporation, whose President and Treasurer is Edwin B. Lindsley,
Jr. Councilwoman Parker declared she was able to participate in the transaction
fairly, objectively and in the public Interest. Councilwoman Parker's letter of
August 27, 1991, is hereby made a part of the record.
NANCY K. PARKER 604 GOLDSBOAO AVENUE
COUNCILWOMAN VIRGINIA BEACH, VIRGINIA 23451
AT-LARGE (804) 425-1589
August 27, 1991
Mrs. Ruth Hodges Smith, CMC/AAE
City Clerk's Office
Municipal Center
Virginia Beach, VA 23456
Re: Disclosure Pursuant to Section 2.1-639.14(G), Code of Virginia
Dear Mrs. Smith:
Pursuant to the Virginia Conffict of Interests Act, Section 2.1-639.14(G), Code of
Virginia, I make the foflowing declaration:
1. The transaction for which I am executing this written disclosure is the Council
consideration of a resolution authorizing and directing the City Attomey to
reinstitute suit in the matter of Patrick A. Janezeck
A1212eals pertaining to a variance for a billboard located at the intersection of
Shore Drive and Vista Circle in the Lynnhaven Borough on property owned
by Edwin B. Lindsley, Jr.
2. The nature of my personal interest is that my husband and I own property at
604 Goldsboro Avenue which is valued in excess of $10,000 and which is the
subject of a suit brought against us by Alvord Corporation, whose President
and Treasurer is Edwin B. Lindsley, Jr. However, the property my husband
and I own is not the subject of the transaction before City Council nor will
we re@e a reasonably foreseeable direct or indirect benefit or de@ent as
a result of Council's consideration of the resolution.
3. Although the City Attomey has advised me that this interest does not meet the
criteria of a personal interest in the @saction under the Conffict of Interests
Act, I wish to disclose Ns interest and declare that I am able to participate
in the transaction fairly, objectively, and in the public interest.
Mrs. Ruth H. Srnith, CMC/AAE -2- August 27, 1991
Re: Disclosure Pursuant to Section 2.1-639.14(G), Code of Virginia
Accordingly, I respectfufly request that you record this declaration in the official
records of the City Council. I have enclosed an opinion letter from Lcshe L. Lilley, City
Attomey, which addresses this same matter.
Thank you for your assistance and cooperation in this matter.
Sincerely,
Nancy K. Parker
Councilwoman
NKP/clb
Enclosure
@it@ C>f @ilrggi@i@ F3@"@"
LESLIE L L LLEY MUN CIPAL CENIER
CITY ATTOR.EY I RGIN @ BEACH VA 13@56 900@
(80@) @27 4531
FAX (804) @26 5687
August 27, 1991
Councilwoman Nancy K. Parker
Municipal Center
Virginia Beach, Virginia 23456
Re: Conflict of Interests Act Opinion
Dear Councilwoman Parker:
I am writing in response to your request for an opinion as to whedier you may
participate in City Council's discussion and vote on a resolution audio@g and directing
the City Attomey to reinstitute suit in the matter of Pat
Appeals pertaining to a variance for a biuboard located at the intersection of Shore Drive
and Vista Circle in the Lynnhaven Borough on property owned by Edwin B. Lindsley, Jr.
The resolution is scheduled for consideration by City Council at its August 27, 1991
meeting.
Summary/Conclusion.,
From my review of the Conffict of Interests Act and the infortnation provided by
you, I am of the opinion that you do not have a personal interest in the transaction of
Council conceming its consideration of the resolution authorizing and directing the City
Attomey to reinstitute suit in the matter of P k A. Jar
Thus, you may vote on this matter widiout restriction. For your information, I have
outlined the disclosure requirements of Section 2.1-639.14(G) should you desire to disclose
your relationship and vote; I have also set forth the apphcable provisions for abstention set
forth in Section 2.1-639.14(E), should you choose not to vote.
I base the aforesaid conclusions on the fohowing facts which you have presented.
Please review and verify the accuracy of the facts as set forth as you may only rely upon
diis opinion if they are correct and complete.
Councilwoman Nancy Parker -2- August 27, 1991
Re: Conflict of Interests Act ()Pinion
Facts Pre n d,
Your request for an advisory opinion is generated by City Council's consideration
on August 27, 1991, of a resolution audiorizing and directing the City Attomey to reinstitute
a law suit previously styled Patrick A. Janezeck v. Bo I&als. The suit
involved an appeal to the Circuit Court of a variance granted to Edwin B. Lindsley, Jr.,
from the provisions of Section 216(a) of the City Zoning Ordinance. The effect of the
variance was to allow a billboard to remain on a certain parcel of land located at the
intrrsection of Shore Drive and Vista Circle in the Lynnhaven Borough when the property
is improved. The legal proceedings in d-lis instance were previously nonsuited by the City.
in addition, you and your husband are the defendants in a suit filed by Alvord
Corporation cl@ng damages in excess of $10,000 and involving your residence located
at 604 Goldsboro Avenue, in which you and your husband have an interest exceeding
$10,000 in value. According to records at the State Corporation Comniission, the President
and Treasurer of Alvord Corporation is Edwin B. Lindsley, Jr.
Issue:
Are you precluded from participating in City Council's discussion and vote on the
resolution authorizing and directing the City Attorney to reinstitute suit in the matter of
Patrick A. Janezeck v. Board of ZoninE AD Is?
Di
1. Applicable Definitions of Section 2.1-639-1.
A. City Council is a govermnental agency, as it is a legislative branch of local
govermnent as defined in SS 2.1-639.2 of the Virginia State and Local Government Conffict
of Interests Act.
B. You are an officer within the meaning of SS 2.1-639.2 of the above-referenced
Act.
C. Council consideration of the resolution authorizing and directing the City
Attomey to reinstitute suit in the matter of Patrick A. fanezeck v. Board of Z nin A
is a "transaction" as defined by the Act. A @saction includes any matters considered by
any govemmental agency on which official action is taken or contemplated.
Councilwoman Nancy Parker -3- August 27, 1991
Re: Conffict of Interests Act Opinion
D. "Personal interest' is defined in SS 2.1-639.2 as a financial benefit or liability
which accrues to an officer, employee, or to an inirnediate famdy member. The interest
exists by reason of one of five categories specified therein as: 1) ownership in a business
if the ownership interest exceeds 3 % of the total equity of the business; (2) annual income
from ownership in real or personal property or a business in excess of $10,000-00; 3)
salary from the use of property or paid by a business diat exceeds $10,000.00 annuauy;
4) ownership of real or personal property when the interest exceeds $10,000.00 in value,
exclusive of ownership in a business, or salary; and 5) personal liability incurred or
assumed on behalf of a business which exceeds 3% of the asset value of the business.
E. A "personal interest in the transaction" exists when an officer or employee or
a member of his immediate family has a personal interest in property or a business or
represents any individual or business and such propert7y, business or represented individual
(i) is the subject of the transaction or (ii) may realize a reasonably foreseeable direct or
indirect benefit or detriment as the result of the agency considering the transaction.
][l.
A. ersonal In re
You have a personal interest in the propert7y lor-ated at 604 Goldsboro Avenue since
the property is owned by you and your husband and your interest in the property is valued
in excess of $10,000. You have indicated, however, diat neidier you nor any member of
your immediate family has an interest in Alvord Corporation or in the property diat is the
subject of the resolution to be considered by Council.
B.
Based on the facts presented, your property is not the subject of the transaction, nor
wiU you realize a reasonably foreseeable direct or indirect benefit or detriment based on
Council's consideration of the resolution. Therefore, it is my opinion diat you do not have
a personal interest in the transaction within the meaning of the Conflict of Interests Act.
in.
Based on the fact diat you have no personal interest in Alvord Corporation or in the
property which is the subject of the resolution to be considered by Council, you are not
restricte,d in voting as to this matter. If you are concemed that your participation as to diis
matter may create some appearance of impropriety because of your position, there are two
options available to you which may diffuse any perception problems that may arise:
Councilwoman Nancy Parker -4- August 27, 1991
Re: Conflict of Interests Act Opinion
1. You may either disclose the facts as presented herein and proceed to vote as
to this transaction; or
2. You may abstain from voting and disclose any interest.
Should you decide to declare your interest and vote, a proposed disclosure letter
which complies with SS 2.1-639,14(G) is enclosed for your convenience. You niay eidier
make this declaration orary, which is to be recorded in the written minutes of the City
Council, or you may file a signed written declaration widi the Clerk of the City Council,
who shall retain and make this document available for public inspection for a period of
five years from the date of recording or receipt.
The Conflict of Interests Act deals with the types of influences upon a public
officer's judgment which are clearly improper. The law does not, however, protect against
all appearance of improper influence. In that respect, the Act places the burden on the
individual officer to evaluate whedier the facts presented create an appearance of
impropriety which is unacceptable or which would affect the confidence of the pubhc in
the officer's ability to be impartial. I have opined diat you may participate in the
transaction widiout restriction. However, if you are concemed diat participating in the
transaction could create an unacceptable appearance, you may abstain from voting under SS
2.1-639.14(E) provided diat you first disclose your interest in the wmsaction.
As a final note to any conflict of interests opinion, Section 2.1-639.18(c) provides
diat a written opinion of the it A m made after a full disclosure of the facts, is
advisory and adniissable as evidence that the local officer did not knowingly violate the
Act, while a favorable opinion of the Commonweal ome as the enforcing officer
of the COIA, provides immunity from any alleged violation.
Please contact me should you desire any additional information.
Very truly Yours,
City Attorney
LLL/RMB/clb
Enclosure
39 -
Item
RESOLuTIONS/ORDINANCES ITEM # 34829
The following spoke i, SuppoRT of the Resolution:
Chris Coakley, 3203 Chesteron Court, Phone: 430-1627
E. George Minns, President - NAACP, 1429-A Reynard Crescent, Phone: 427-0250
Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925
Colonel Robert B. Engesser, 5290 Vestry Drive, Phone: 499-3157, reigstered in
OPPOSTION
Upon motion by Councilman Heischober, seconded bv Vice Mayor Fentress, CitY
Council ADOPTFD, with REVISIONS to the POLI@Y AND PROCEDURES of the
Investigation Review Panel:
Resolution authorizing the City Manager to
establish an Investigation Review Panel consistent
with the policy and procedure guidelines
recommended by the City Manager's Special Task
Force; and, implement such other policy and
procedural changes as set forth in this report.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent
None
I A RESOLUTION AUTHORIZING THE CITY
2 MANAGER TO IMPLEMENT THE
3 RECOMMENDATIONS OF THE CITY
4 MANAGER'S SPECIAL TASK FORCE
5
6 WHEREAS, the Council recognizes that the public's trust
7 and confidence in the CitY's employees is of paramount importance;
8 WHEREAS, the city Manager appointed a special Task Force
9 to review the handling of citizens, complaints and other reports
10 of abuse of authority by CitY employees;
11 WHEREAS, the Special Task Force has recommended certain
12 Policy and procedural changes and has specifically recommended the
13 creation of an Investigation Review Panel to review Police
14 Department Internal Affairs investigation reports;
15 WHEREAS, the special Task Force has further recommended
16 that, in cases involving abuse of authority or other serious
17 misconduct, the identity of the C.ity employee involved and the
18 nature of the discipline imposed should be made a matter of public
19 record; and
20 WHEREAS, the adoption and implementation of such
21 recoMMendations, including the creation and operation of an
22 Investigation Review Panel, would enhance and maintain the
23 public's trust and confidence in all City employees and would
24 assure the citizens that complaints against police officers will
25 be fairly and impartially investigated and evaluated.
26 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
27 CITY OF VIRGINIA BEACH, VIRGINIA:
28 That the City Manager is hereby authorized to establish
29 an Investigation Review Panel consistent with the policy and
30 procedure guidelines recommended by the Special Task Force and is
31 further authorized to implement such other policy and procedural
32 changes as are set forth in the report of the Special Task Force.
33 Adopted by the Council of the City of Virginia Beach,
34 Virginia, on this 27 day of August 1991.
35
36 CA-4368
37 REVIEW.RES
38 R-2
August 27, 1991, REV
rff OF VIIRG@ BF-A(H
@L
FULICY s
2 W RD
3 In recognition of the importance of maintaining the public's trust in the City of
4 Virginia Beach Police Departrnent and to ensure that citizens have confidence that
5 allegations of abuse of authority or other serious misconduct by police officers will be
6 impartially investigated and evaluated, the City Manager's Special Task Force has
7 recommended the implementation of an independent reviewing body to review police
8 intemal investigadon reports. In furtherance of fis recommendadon (as affirmed by
9 Resolution of the Virginia Beach City Council), there is hereby established an Investigation
10 Review Panel, with purpose, membership, procedural rules, powers, and duties as set forth
11 herein.
12 0 E
13 It is the purpose of the Review Panel to ensure that reports and conclusions of
14 Intemal Affairs investigations involving abuse of autho@ or other serious @sconduct are
15 complete, accurate, and factually supported. To that end, the Review Panel shau have the
16 authority to review these findings where a complainant is dissatisfied with such
17 investigations and to review such invesdgadons and other matters upon request of the City
18 Manager.
19 The Panel may also make recommenda6ons to the City Manager that specific Police
20 Departrnent policies and procedures be revised.
21 Panel hearings shall not be considered civil or cri@nal proceedings but independent
22 reviews of administrative investigations concerning the performance of pubhc officers and
23 employees.
24 AH Panel hearings shall be open to the public; provided, however, that in the
25 discretion of the Panel for good cause shown, a hearing may be closed upon the request of
26 a party to protect the rights of individuals such as juveniles.
27 APPLICABILrff
28 This Policy shall be applicable to all swom police officers of the City, including
29 auxiliary officers, and all other Poliee Departfflent C& employees. whose assigned d@
30 inelude ifitefaetion with fnefnbef-s of the publie.
31 COMPOSITION
32 1. Number and Method of Appointment: The Review Panel shah be comprised
33 of five (5) members and two (2) alternates who shall be appointed by the City Manager.
34 Appointees shall be residents of the City of Virginia Beacii, and shall be chosen on the basis
35 of experdse and experience in fields relevant to the performance of the duties of the Panel.
36 2. Conflict of Interest: No appointee shall be an officer or employee of the City,
37 or an immediate family member, as defined by the Virginia Conflicts of Interest Act, of any
38 officer or employee of the City. Sliould a matter come before the Panel in which a member
39 of the Panel feels that his or her personal interests may influence his or her ability to hear
40 an issue or case in an impartial inanner, that member shall abstain from participafing
41 therein, including hearing and/or discussing the particular matter. The Panel member shall
42 indicate to the Chairperson the existence and nature of the conflict, and thereafter the Panel
43 member shall be excused from hearing and/or participa6ng in the matter.
2
44 3. Term: Of those members initially appointed by the City Manager, two (2) shau
45 be appointed for terins of three (3) years, two (2) shafl be appointed for tenns of two (2)
46 years, and one (1) shafl be appointed for a tenn of one (1) year. ., Thereafter, aH
47 appointments shall be for terms of three (3) years. The two (2) alternate members shafl be
48 appointed for terms of three (3) years.
49 4. Removals and Vacancies: Any member of the Panel may be removed for cause
so by the City Manager. Members may also be removed for missing two (2) consecutive
51 meetings of the Panel without appropriate excuses delivered to the Chair of the Panel widiin
52 a reasonable period of time. Any vacancy occasioned by resignation, death or removal of
53 a member shall be filled for the unexpired term by appointment by the City Manager, within
54 thirty (30) calendar days of the date when the vacancy occurred.
55 5. Chairperson: At the first meefing of the Panel, the members shall elect a
56 Chairperson from among themselves. Tliereafter, a new Chairperson shau be elected
57 annually at the meeting of the Panel falling closest to the anniversary date of the previous
58 Chairperson's election. The Chairperson shall be the Panel's official spokesperson and shall
59 act as liaison between the Panel and the City Manager.
60 6. Compensation: Compensation of Panel members shall be $50.00 per hearing.
61 7. Quorum: Three (3) members shall constitute a quorum. However, a majority
62 vote of five (5) vofing members, i.e., three (3) votes, shall be required for any action to
63 be taken.
64 8. Meetings: The Panel shall meet as often as necessary to conduct its business.
65 Public notice of meetings shall be given by the City Manager or his designee at least forty-
66 eight (48) hours in advance of the meefing.
3
67 9. Staff.- The Director of the Deparunent of Human Resources shall provide
68 administrative support to the Panel. Tlie City Attomey, or his designee, shall serve as
69 legal advisor to the Panel.
70 POWERS, DUTIE@ S AND FUNCTIONS
71 A. JIJRISDICTION OF PANEL
72 1. Citizen Request for Review: The Panel shall, upon the request of the
73 complainant, review the fiiidings of Police Deparunent internal Affairs invesfiga6ons of
74 alleged abuse of authority or other serious misconduct, with the following exceptions:
75 a. The Panel may refuse a request for review if in its judgment the request
76 is without merit.
77 b . The Panel shall defer the review of matters which are the subject of
78 pending criminal proceedings.
79 C. The Panel may decline to review, or may defer the review of, matters
80 which are the subject of pending civil proceedings.
8 1 d . Discipline covered by the City's Disciplinary Policy and Procedure and
82 Grievance Procedure sliall not be reviewed by the Panel.
83 2. City Manager Request For IZeview: Any invesfigafion
84 involving alleged abuse of authority or other serious misconduct by a Ci@ eMD10yee may
85 be referred to the Panel by the City Manager.
86 B .
87 Examples of "abuse of authority" and "serious misconduct" may include but shan not
88 be limited to the following:
4
89 0 deliberate application or use of unnecessary, unreasonable or
90 excessive physical force;
91 0 ethnic, racial, or sexual remarks or gestures;
92 0 using or brandisbing of fireann, electric weapon or device, or other
93 weapon in a rude, careless, angry, or threatening manner not in
94 necessary self-defense;
95 0 overreacting: e.E., unjustified use or display of force or unnecessary
96 escalation of charges;
97 9 theft or improper handling of personal property;
98 0 reckless endangerinent of detainee or person in custody;
99 0 violation of laws or ordinances; and
100 a other violation of City or Police Departinent policies or procedures.
101 C. PROCEDURE
102 1. Review Process:
103 a. The Police Department shall inform the complainant of Internal Affairs
104 investigauve findings by cerfified mail to the most recent address
105 provided by the complainant. Included therein shall be a brochure
106 which informs the complainant of his or her right to request a review
107 of the findings and instructions for requesfing such a review.
108 b. The request for review form shall include idenfifying inforination, a
109 statement describing the nature of the original complaint, the reasons
110 for the review, and a complete Ust of the names, addresses, and
telephone numbers of all kjiown witnesses,
5
112 C. Requests for review shall be made in wrifing, addressed to the City
113 Manager and shafl be delivered or posttnarked within fifteen (15)
114 calendar days from the date tlie Police Departinent Internal Affairs
115 investigative findings are mailed to the complainant. The time for
116 filing may be extended by the Panel for good cause shown.
117 d. Upon receipt of a request for review, the City Manager or his designee
118 shall review the request and ensure that all identified witnesses have
119 been interviewed by the Police Department and all aspects of the
120 investigative report are coniplete. Thereafter, the City Manager shall
121 forward the request with the complete Police Department invesfigative
122 report and file to tlie Panel for review. In the event the City Manager
123 or his designee determines tiiat all material witnesses liave not been
124 interviewed by the Police DeparLment or that the investigative report
125 and/or file is otherwise incomplete, the report and file shall be retumed
126 to the Police Department for the iiivestigation to be completed and,
127 thereafter, shall be forwarded by Lhe City Manager to the Panel.
128 2. Hearing:
129 a. The Panel shall, within thirty (30) calendar days of receipt of the
130 complete Police Deparunent investigafive report and file, conduct a
131 hearing to review Lhe departmental invesligation. Support staff shall
132 send notification of tlie date and time of the hearing to Panel members,
133 Police Departmeiit Internal Affairs, and the complainant. Panel review
134 hearings shall be tape recorded and the tapes maintained by the
135 Department of Human Resources.
6
136 b. At the hearing, the complainant shall state the specific reason(s) for
137 the request for review and make any statements pertinent to the
138 allegation. Upon completion of the complainant's statement, the Police
139 Departtnent representative familiar with the investigation shall present
140 all fiiidings of fact and a review of all evidence collected and received,
141 including witness statements, subject to the following limitations:
142 (1) The statement of any police officer required by the Departtnent
143 to give a statement under the provisions of Garriiy v. New Jersey,
144 385 U.S. 493 (1967) shall not be revealed in public. The Panel
145 shall have confidential access to the entire statement for the
146 purpose of its review. The Internal Affairs officer presenting
147 information to the Panel may publicly state only that the officer
148 admitted or denied the allegation, unless the officer consents to
149 the public release of the entire statement.
150 (2) After a review of the allegations and the Police Department
151 investigative report, the Panel may convene in Executive Session
152 pursuant to SS 2.1-344.A.1 of the Code of Virginia to deliberate
153 and consider the performance of specific public officers or
154 employees; provided, however, that any deliberations by the Panel
155 which do not address the alleged improper conduct or performance
156 of duties of a public officer or employee shall be coliducted in
157 open public hearing.
158 C. Each member of the Paiiel shall, prior to the hearing, be provided a
159 complete copy of the Internal Affairs file. The file is deemed a
160 personnel records and shall not be disclosed nor shall copies be
7
161 provided to the public. All tape recordings of statements prepared in
162 the course of the investigafion shall be made available to the Panel.
163 d. The Panel, in its discretion, may invite any person previously idendfied
164 as a witness to appear at such hearings to answer quesfions proffered
165 by the Panel; provided, however, that tlie Panel shall not have
166 subpoena powers. The City Manager may require the attendance of
167 aiiy employee whose appearance is requested by the Panel, and may
168 also require the production of any relevant documents or other
169 materials in the possession of tlie Police Department, or other City
170 departments.
171 e. Any person appearing before the Panel may be accompanied by legal
172 counsel; provided, however, counsel shall not be authorized to
173 participate in the proceedings.
174 D.
175 1. Findings: In its findings, the Panel may:
176 a. Concur with the findings of the Police Department investigation;
177 b. Advise the City Manager that tlie findings are not supported by the
178 information reasonably available to the Department; or
179 C. Advise the City Manager tliat in its judgment the investigafion is
180 incomplete.
181 Upon a finding by the Panel under the provisions of b. or c., the City Manager,
182 upon consuitation with the City Attorney, shall direct ftirther action as he deems
183 appropriate.
8
185 3. Reporting:
186 a. The Panel shall, within five (5) working days of the conclusion of its
187 deliberations, submit a report of its findings and recommendations to
188 the City Manager. Thereafter, the City Manager shall notify the
189 complainant of the findings and recommendations of the Panel and
190 shall make a copy of such findings and recoinmendations available to
191 the public.
192 b. On or before January 31st of each year, the Panel shall, with staff
193 support, provide to die City Manager a summary of its activities during
194 the previous year.
195 E.
196 This policy and all proceedings conducted hereunder shall be subject to the
197 provisions of the Virginia Freedom of Informafion Act.
198 F. PANEL RULES
199 The Panel shall, at its initial meetings, forinulate rules of procedure governing its
200 operations, not inconsistent with this directive.
201 G. AM-ENDMENTS
202 The City Manager may, from time to fime after consultafion with the Panel, amend
203 the provisions herein.
9
40 -
Item 111-1.4.
RESOLUTIONS/ORDINANCES ITEM # 34830
Upon motion by Vice Mayor Fentress, seconded by Counci Iman Heischober, City
Council ADOPTED;
Ordinance to AMEND and REORDAIN Section 27-3 and
ADDING Section 27-3.1 of the Code of the City of
Virginia Beach re fees for police services.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Paul J. Lanteigne, Reba S. McClanan, Mayor
Meyera E. Oberndorf, Nancy K. Parker and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Abstaining:
Louis R. Jones
Council Members Absent
None
Councilman Jones ABSTAINED as he is owner of HOLLOMAN-BROWN FUNERAL HOME and
this Ordinance does pertain to police vehicle escorts for funerals.
1 AN ORDINANCE TO AMEND AND Ct.
2 REORDAIN SECTION 27-3 AND ADD
3 SECTION 27-3.1 OF THE CODE OF
4 THE CITY OF VIRGINIA BEACH,
5 VIRGINIA, PERTAINING TO FEES FOR
6 POLICE SERVICES.
7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
8 BEACH, VIRGINIA:
9 That Section 27-3 of the Code of the City of Virginia Beach,
10 Virginia, is hereby amended and reordained, and Section 27-3.1 is
11 hereby added as follows:
12 Section 27-3. Authority of department to furnish copies of
13 records, perform certain services, etc., and fees
14 therefor.
15 (a) The department of police is hereby authorized to furnish
16 photostatic copies of accident reports and offense reports,
17 photographs of motor vehicle accidents (only after criminal
18 charges are disposed of by the court), to make record checks and
19 reports (local record only), to take fingerprints of individuals
20 on request and to allow offense reports to be viewed by proper
21 persons.
22 (b) For the services mentioned in subsection (a) above, and
23 for the processing of applications for permits required by law,
24 the following fees shall be charged:
25 (1) Photostatic copy of accident report ....... $ E On 10.00
26 (2) Photostatic copy of offense report ......... 5 09 10.00
27 (3) ReGGrd GheG]q by name (legal rogord 9 go
28 (3) Coipy of booking .(mug-shot) lohotocrraph ..... 2.00
29 (4) Record check and report by name (local) .... 00 15.00
30 (5) Fingerprinting of individuals on request ... 00 10.00
31 (6) Pulling offense report to review only ...... 5.00
32 (7) Photographs (8 x 10) of motor vehicle
33 accidents, only after criminal charges
34 have been disposed of by court,
35 each print ................................. Ei 00 10.00
36 (8) Process bingo,lr-aff-le permit application .... 25.00 100,00
37 (9) Process raffle Dermit application .......... 50.00
38 (10) Dance hall permit application ............. 50.00
39 (11) Block party permit application ............ 10 og 50.00
40 (12) Turkey shoot permit application ........... 25 go 5o.oo
41 (13) Outdoor entertainment permit application .. 50.00
42 (14) Parade/walk-a-thon permit application ..... 2r- 00 50.00
43 (14) (15) Circus permit application ................. 50.00
44 (16) Certificate for public convenience and
45 necessity ................................. 50.00
46 (17) Precious metals permit .................... 25.00
47 (18) Vendor permit ............................. 25.00
48 (19) Concealed weapon permit ................... 2G 09 50.00
49 (19) (20) Weapons purchase permit ................... g Go 10.00
50 Section 27-3.1. Vehicle escort service; traffic control.
51 (a) The department @olice is authorized to Provide police
52 vehicle escorta and rela
53 Processiong, house movinci anri -,,-,+-s for which such services
54 may be reauested.
55 (b) For vehicl ice. and traffic control, the
56 department shall charge, for each polic
57 first hour, or rtion thereof, and, th
58 one-half hour or Portion thereof.
59 Adopted by the Council of the city of Virginia Beach,
60 Virginia on the - 27 day of August 1991.
61 CA-4400
62 \ordin\proposed\27-003et.pro
63 R-4
2
41 -
Item
RESOLUTIONS/ORDINANCES ITEM # 34831
Upon motion by Vice Mayor Fentress, seconded by Councilman Clyburn, City
Council ADOPTED:
Ordinance to AMEND and REORDAIN Sections 36-138,
36-147 and 36-148 of the Code of the City f
Virginia Beach re public vehicl, drivrse permit
fees.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. F,ntr,sS, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McCianan, Mayor Meyera E. oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent
None
APPROVED AS TO CONF
2 '@-C) @.E--AL
3 AN ORDINANCE TO AMEND AND FORM
4 REORDAIN SECTIONS 36-138, 36-
5 147 AND 36-148 OF THE CODE OF -2
THE CITY OF VIRGINIA BEACH,
6 VIRGINIA, PERTAINING TO VEHICLE
7 FOR HIRE/PERMITS.
8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
9 BEACH, VIRGINIA:
10 That sections 36-138, 36-147 and 36-148 of the Code of the
11 city of Virginia Beach, Virginia, are hereby amended and
12 reordained to read as follows:
13 Section 36-138. ApPlication fee.
14 Each person filing an application pursuant to section 36-137
15 shall pay to the city treasurer an application fee of fi,,. ten
16 dollars ( .00).
17 Section 36-147. Renewal.
18 A public vehicle driver's permit issued under this division
19 may be renewed from year to year by the chief Of police, if the
20 applicant for such renewal is, at the time thereof, qualified
21 under the provisions of this division to have issued to him an
22 original public vehicle driver's permit. At the time of such
23 renewal, two (2) recent photographs of the applicant shall be
24 filed with the chief of police, to be used as provided in cases of
25 photographs filed with the original application for such permit,
26 and a renewal fee of give ten dollars .00) shall be paid
27 to the city treasurer.
28 Section 36-148. Replacement when lost or destroyed.
29 In the event a public vehicle driv,r's permit issued under
30 this division is lost or destroyed, the person entitled thereto
1 may make application for and obtain a duplicate thereof, upon
2 furnishing information of such fact, by affidavit or in a manner
3 otherwise satisfactory to the chief of police, and upon paying the
4 city treasurer a fee Of @ ten dollars ( oo).
3 5 Adopted by the Council of the City of Virginia Beach,
36 virginia on the 27 day of August , 1991.
37 CA-4405
38 \ordin\proposed\36-138et.pro
39 R-1
2
- 42 -
Item 111-1.6.
RESOLUTIONS/ORDINANCES ITEM # 34832
Upon motion by Vice Mayor Fentress, seconded by Councilman Clyburn, City
Council APPROVED, upon FIRST READING:
Ordinance to APPROPRIATE $445,097 from various
revenue sources to the General Fund Reserve for FY
1991-1992; and, total appropriation be offset by
$445,097 increase in estimated revenues.
Voting: 9-1
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Mayor
Meyera E. Oberndorf and William D. Sessoms, Jr.
Council Members Voting Nay:
Reba S. McCianan
Council Members Abstaining:
Nancy K. Parker
Council Members Absent
None
Councilwoman Parker ABSTAINED as she felt uncomfortable with this proposal in
view of the revenue constraints.
I AN ORDINANCE TO APPROPRIATE $445,097
2 FROM VARIOUS REVENUE SOURCES TO THE GENERAL FUND
3 RESERVE FOR FISCAL YEAR 1991-92
4 WHEREAS, The City Manager has submitted to Council an Annual Budget for
5 the fiscal year beginning July 1, 1991 and ending June 30, 1992;
6 WHEREAS, the operating budget included a negative appropriation of
7 $1,053,200 with an additional $1,000,000 added as a negative appropriation to
8 finance the increase for the employees' health insurance contribution;
9 WHEREAS, the City Manager directed staff to develop a plan of
10 expenditure reductions and increases in revenues to offset the negative
11 appropriation of $2,053,200;
12 WHEREAS, a plan has been developed which totals $2,363,290 of which
13 $445,097 is an increase in estimated revenues from various sources.
14 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COIJNCIL OF THE CITY OF
15 VIRGLNIA BEACH, VIRGINIA:
16 That an appropriation in the amount of $445,097 be made to the General
17 Fund Reserves in the FY 1991-92 Operating Budget;
18 BE IT FURTHER ORDAINED:
19 That the total appropriation be offset by a $445,097 increase in
20 estimated revenues from various sources.
21 This ordinance shall be in effect from the date of its adoption.
22 Adopted by the Council of the City of Virginia Beach, Virginia on the
2 3 day of I 1 1991.
24 First Reading August 27, 1991
25 Second Reading
APPROVED T
@VALTEfl-C. KF JR.
OFFICE OF BUDGET AND EVALiJ@,.-,(@1/2'
- 43 -
Item 111-1.6a.
RESOLUTIONS/ORDINANCES ITEM # 34833
ADD-ON
Upon motion by Counci [man Sessoms, seconded by Counci lman Jones, City Counci I
AUTHORIZED:
City Manager to study/recommend additional funding
for City Employeest health Insurance.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McCl anan, Mayor Meyera E. Oberndorf and Wi I I lam D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Abstaining:
Nancy K. Parker
Council Members Absent
None
Counci ]woman Parker ABSTAINED as she felt uncomfortable with this proposal In
view of the revenue constraints.
- 44 -
Item 11 1-J-
CONSENT AGENDA ITEM # 34834
Upon motion by vice Mayor Fentress, seconded by Councilman Sessoms, City
Council APPROVED In ONE MOTION Items 1, 2, 3, 4, 5, 6 and 7 of the CONSENT
AGENDA.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McCianan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent
None
- 45 -
Item Iii-J-1
CONSENT AGENDA ITEM # 34835
Upon motion by Vice Mayor Fentress, seconded by Counci iman Sessoms, CitY
Council ADOPTED:
Ordinance authorizing acquisition of property in
fee simple for right-of-way for Newtown Road
Sidewalk Improvements Project (CIP 2-816); and,
acquisition of temporary and permanent easements of
right-of-way, either by agreement or condemnation.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba
S. McClanan, Mayor Meyera E. Oberndorf, Nancy K.
Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
1 AN ORDINANCE TO AUTHORIZE ACQUISITIOM OF
2 PROPERTY IN FEE SIMPLE FOR RIGHT OF WAY FOR
3 NEWTOWN ROAD SIDEWALK IMPROVEMENTS PROJECT
4 (CIP 2-816) AND THE ACQUISITION OF TEMPORARY
5 AND PERMANENT EASEMENTS OF RIGHT OF WAY,
6 EITHER BY AGREEMENT OR CONDEMNATION
7 WHEREAS, in the opinion of the Council of the City of
8 Virginia Beach, Virginia, a public necessity exists for the
9 I-onstruction of the sidewalk improvements for public purposes for
10 the preservation of the safety, health, peace, good order, comfort,
11 convenience, and for the welfare of the people in the CitY Of
12 virginia Beach:
13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
14 OF VIRGINIA BEACH, VIRGINIA:
15 Section 1. That the City of Virginia Beach is hereby
16 authorized to acquire by purchase or condemnation pursuant to
17 Sections 15.1-236, et seq., 15.1-898, and 15.1-899, Code of
18 virginia of 1950, as amended, all that certain real property in fee
19 simple, including temporary and permanent easements of right of way
20 as shown on the plans entitled "PLAT SHOWING 10' PEDESTRIAN
21 EASEMENT CONVEYED TO THE CITY OF VIRGINIA BEACH, FROM DORIS BACKUS
22 BROCK LIFE ESTATE," these plans being on file in the Office of Real
23 Estate Department of Public Works, Virginia Beach, Virginia.
24 Section 2. That the City Manager is hereby authorized
25 to make or cause to be made on belialf of the City of Virginia
26 Beach, to the extent that funds are available, a reasonable offer
27 to the owners or persons having an interest in said lands, if
28 refused, the City Attorney is hereby authorized to institute
29 proceedings to condemn said property.
30 Adopted by the council of the City of Virginia Beach,
31 Virginia, on the 27 day of 1991.
32 CA-4361
33 NONCODE\CA4361.ORD
34 R-1 ABNOVED AS TO CONTENTS
APPROVED AS TO LEGW
AIM
84-764B
94
7d
AYSIDE JR. HIGH SCHOOL
1 BROCK'@!
PROP@RT@
----- -- - ---------- --- -
PROPOSEDI,
PEDESTRAIN 1
PROPERTY OWNERS THAT HAVE AGREED,..
TO SELL PEDESTRAIN EASEMENT TO THE CITY
UNABLE TO OBTAIN AGREEMENT OF SALE
LOCATION MAP
109] 99
- 46 -
Item iii-J.2
CONSENT AGENDA ITEM # 34836
Upon motion by Vice Mayor Fentreqs, seconded by Counci Iman Sessoms, City
Council ADOPTED, upon SECOND READING:
Ordinance to ACCEPT and APPROPRIATE $16,350 from
the Commonwealth Department of Housing and
Community Development re Emergency H-e Repair
Program.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W,
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba
S. McClanan, Mayor Meyera E- Oberndorf, Nancy K.
Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
PROPRIATE $16.350 FROM THE
I AN CCEPT AND AP 4MUNITY DEVELOPMENT
ORD N CE TOR AMENT OF AND COI
DEPA T HOUSING
VIRGINIA FOR TH E EMERG ENCY @lot4E REPAIR PROGRAM
W@IEREAS. the Coninionweal th f V i rgi ni a has e,tablished the
I Fund to encourage the irnprovenierit Of
2Virginia Housing PartnershiP -income Virginians,. and
3housi,g opportunities for low Bous i ng and Conimunity
4WHEREAS. th, Vi rgi ni a Departnient Of Iocal i ti es
Development has authorized grants ,der thi s program tO-
5 ency home repairs to Iigible citizens, and
6to provide emerg @lousi ng and Commun!tY
7WHEREAS. the Vi rgi ni a Departnient Of .350 has bee, awarded to
8Developriient ha, infornied the City that $16
9the City for such emergency repairs.
Now, TtiEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
10 that a grant Of $ 1 6 . 3 5 0from the V i r g 1 n i a
11 VIRGINIA BEACH ousing and CommunitY Development for eniergency home
12 Department Of Ii the City Department of
13 repairs is accepted and appropriated to
[lo,,ing and Neighborhood Preservation; ar,d
14 TtiAT the City Manager is authorized to
15 BE IT FURTHER ORDAINII) nia [)epartment of HOusing
16 execute a grant agreement with the virgi ftinds-
17 and community Development accepting such ty of Virginia Beach will
18 BE IT FURLHER ORDAINED -RHAT the. Ci
19 C,,ply with all requiremen ts of this program as set forth by the
20 virginia Departm@nt of HOusing and Community Development.
21 Adopted by the C o u n c i Iof the CitY )f Virginia Beach on the
27 August 1 9 9 1
22 - - --- - - - - -day of
23 Approved as to Co"tent:@ Approved as to Legal Form
24 tity Attorney
25 Ra g and
26 De n
27 Ne eservatio
August 13, 1991
28 Fi rst
29 Second Reading: August 27 _ 1991
30 ehrg9l.ord(af)
- 47 -
Item 111-J.3
CONSENT AGENDA ITEM # 34837
Upon motion by Vice Mayor Fentress, seconded by Counci Iman Sessoms, City
Council ADOPTED, upon SECOND READING:
Ordinance to ACCEPT and APPROPRIATE $11,053 from
the Commonwealth SHARE Program re Homeless
intervention Program.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba
S. McClanan, Mayor Meyera E. Oberndorf, Nancy K.
Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
$il . 053 IN
ORDINANCE TO ACC@PT AND APPROPRIATE REPAYMENTS AND TO
SHARE - HOMELESS INTERVENTION FUNDS AND LOAN RANT AGREEMENT
AUTHORIZE TIIE CITY MANAGER TO EXECUTE A G
I WliEREAS. the Ci ty has recei ,d f undi ng for the thi rd year for
Homeless Intervention Prograni using State SHARE
2the operation of a
3funds. and nal appropriation have
4 WHEREAS. funds in addition to the origi
5 been received. and of the program have and
6 WHEREAS. loan repayments from clients h ntinuation
7 will be received and are required to be used for t e cO
8 of the program. e Council of tile C'ty of
9 NOW, TTIEREFORE BE IT ORDAINED that th ppropriates $8.053 In
10 Virginia Beach. virginia hereby accepts and ases revenue from the
I Iadd i ti onal State SHARE f u n d s ,and i ncre tes $3.ooo in actual and
12 Commonweal th i n that amount . and appropri a
13 estimated I oan repay,ents, f o r the Pu,'Poses of carrying out a
14 homeless interventi,n program, and Manager is authori zed to
15 BE IT FURT@IER ORDAINED that the CitY for such purpose.
16 execute a grant agreement with the State
27 August 1 9 9 1
17 Adopted by Couticil this - day of
18
19
20 APPROVED AS TO CONTENTS: f @IOU!ing an or
21 d Preservation
22
23
24
25
26 APPROVED AS TO FORM:
27
28
29
FIRST READING: August 13, 1991
SFCOND READING: August 27, 1991
- 48 -
Item 111-J.4
CONSENT AGENDA ITEM # 34838
Upon motion by Vice Mayor Fentress, seconded by Cooncl ln@,, Sessoms, CitY
Council ADOPTED:
Ordinance to a.uthorize a temporary encroachment
Into a portion of the CitY's right-of-way known 85
Oceantront Avenue to P. Edward and Marilyn J-
Schenk (4604 Oceanfront Avenue) re constructing and
maintaining a grade level sun deck with safety
railing (VIRGINIA BEACH BOROUGH).
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 I labi I ItY as a result of the
encroachment.
3. The owner agrees to maintain Said encroachment so
as not to become unsightly or a hazard.
4. Prior to any construction within the existing
pub I I c r I ght-of -way, the owner or h I s agent sha I I
obtain a permit from the Development Services
Center (DSC)-
5. 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: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba
S. McClanan, Mayor Meyera E. Oberndort, Nancy K.
Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council MeMbers Absent:
None
1 AN ORDINANCE TO AUTHORIZE
2 A TEMPORARY ENCROACHMENT
3 INTO A PORTION OF THE
4 RIGHT-OF-WAY OF
5 OCEANFRONT AVENUE TO P.
6 EDWARD SCHENK AND MARILYN
7 J. SCHENK, THEIR HEIRS,
8 ASSIGNS AND SUCCESSORS IN
9 TITLE
10 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
11 BEACH, VIRGINIA:
12 That pursuant to the authority and to the extent thereof
13 contained in Section 15.1-893, Code of Virginia, 1950, as amended,
14 P. Edward Schenk and Marilyn J. Schenk, their heirs, assigns and
15 successors in title are authorized to construct and maintain a
16 temporary encroachment into the right-of-way of Oceanfront Avenue
17
18 That the temporary encroachment herein authorized is for
19 the purpose of constructing and maintaining a grade level sun deck
20 with safety railing and that said encroachment shall be constructed
21 and maintained in accordance with the City of Virginia Beach Public
22 Works Department's specifications as to size, alignment and
23 location, and further that such temporary encroachment is more
24 particularly described as follows:
25 An area of encroachment into a
26 portion of the City's right-of-way
27 known as Oceanfront Avenue , on the
28 certain plat entitled: CITY OF
29 VIRGINIA BEACH RIGHT OF WAY
30 ENCROACHMENT PER. MR. P. EDWARD
31 SCHENK 4604 OCEANFRONT AVE.," a copy
32 of which is on file in the
33 Department of Public Works and to
34 which reference is made for a more
35 particular description.
36 PROVIDED, HOWEVER, that the temporary encroachment herein
37 authorized shall terminate upon notice by the City of Virginia
38 Beach to P. Edward Schenk and Marilyn J. Schenk, their heirs,
39 assigns and successors in title and that within thirty (30) days
40 after such notice is given, said encroachment shall be removed from
41 the City's right-of-way of Oceanfront Avenue and that they, their
42 heirs, assigns and successors in title shall bear all costs and
43 axpenses of such removal-
44 AND, PROVIDED FURTHER, tllat it is expressly understood
45 and agreed that P. Edwayd sc'@-ie-,Ik and Marilyn J. Schenk, their
46 heirs, assigns and successors in tA@,@le shall indemnify and hold
47 harmless the CitY of Virginia Beach, its agents and employees from
claims, dama@@, loz;ses and expenses
48 and against all including
49 reasonable attorney's fees in case it shall be necessary to file or
50 defend an action arising out of the location or existence of such
51 encroachment.
52 AND, PIZOVIDED FURTHER,, that '@h-- party of the second part
53 agrees to maintain said encroa--hmerit 6o as not to become unsightly
54 or a liazard.
55 AND, PROVIDED FURTHER, -@hat ,-his ordinance shall not be
56 in effect unti.1 such time that P. Edward Schenk and Marilyn Schenk
57 execute an agreement with the C@@@@-y of Virginia Beach encompassing
58 the aforementioned provisions.
59 Adopted by the Council of the City of Virginia Beach,
60 Virginia, on the 27 day of August 19 91
61 KL/ta
62 07/23/91
63 schenk.ord
PROVED As TO CONTENT
SinNITUgE
F
DEPARTMENT
THIS AGREEMENT, made this 22"d day of July
1991 , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a
municipal corporation, party of the first part, and P. EDWARD
SCHENK and MARILYN J. SCHENK, husband and wife, THEIR HEIRS,
ASSIGNS AND SUCCESSORS IN TITLE, party of the second part.
WITNESSETH:
That, WHEREAS, it is proposed by the party of the second
party to construct and maintain a proposed grade-level sun deck
with iron railing and a bulkhead with steps in the City of
Virginia Beach; and
WHEREAS, in constructing and maintaining such sun deck
with iron railing and bulkhead with steps, it is necessary that
the said party of the second part encroach into a portion of City
property adjacent to 4604 Oceanfront Avenue; and said party of the
second part has requested that the party of the first part grant
a temporary encroachment to facilitate such sun deck with iron
railing and bulkhead with steps within a portion of the City
property adjacent to 4604 Oceanfront Avenue.
NOW, THEREFORE, for and in consideration of the premise
and of the benef its accruing or to accrue to the party of the
second part and for the further consideration of One Dollar
($1.00), in hand paid, to the said party of the first part,
receipt of which is hereby acknowledged, the party of the
first part doth graiit to the party of the second part a temporary
encroaclunent to use a portion of the City property adjacent to
4604 oceanfront Avenue for the purpose of constructing and
inaintaining such sun deck with iron railing and bulkhead with
steps.
It is expressly understood and agreed that such temporary
encroachment will be constructed and maintained in accordance with
the laws of the Commonwealth of Virginia in the City of Virginia
Beach, and in accordance with the City of Virginia Beach Public
Works Department's specifications and approval as to size,
aligriment, and location and is more particularly described as
follows, to-wit:
An area of encroachment into a
portion of City property adjacent to
4604 Oceanfront Avenue as shown on
the certain plat entitled"CITY OF
VIRGINIA BEACH RIGHT OF WAY
ENCROACHMENT PER MR. P. EDWARD SCHENK
4604 Oceanfront Ave.", a copy of
which is attached hereto as Exhibit
"All and to which reference is made
for a more particular description.
It is further expressly understood and agreed that the
temporary encroaclvnent herein authorized shall terminate upon
notice by the City of Virginia Beach to the party of the second
part, and that within thirty (30) days after such notice is
given, such temporary encroachment shall be removed from the City
property adjacent to 4604 Oceanfront Avenue by the party of the
Isecond part; and that the party of the second party shall bear
@all costs and expenses of such removal.
it is further expressly understood and agreed that the
party of the second part shall indemnify and hold harmless the
11 city ot Virginia Beach, its agents and employees, from and
against all claims, damages, losses and expenses including
reasonable attorney's fees in case it shall be necessary to file
or defend an action arising out of the location or existence of
such temporary encroachment.
It is further expressly understood and agreed that
nothing herein contained shall be construed to enlarge such
permission and authority to permit the maintenance or
construction of any encroachment other than that specified herein
,i and to the limited extent specified herein, nor to permit the
maintenance and construction of any encroachment by anyone other
than the party of the second part.
it is further expressly understood and agreed that the
party of the second part agrees to maintain said encroachment so
as not to become unsightly or a hazard.
It is further expressly understood and agreed that the
party of the second part must obtain a permit from the
Highway Inspections Bureau prior to commencing any construction
within the City's right-of-way.
It is further expressly understood and agreed that
prior to issuance of a Highway permit, the party of the second
part must post a Performance Bond and show proof of public
ilaniiiry insurance of a minimum of Three Hundred Thousand
Dollars ($300,000.00).
3
It is further expressly understood and agreed that the
party of the first part, upon revocation of such authority and
permission so granted, may remove any such encroachment and
charge the cost thereof to the party of the second part, and
collect the cost in any manner provided by law for the collection
of local or state taxes; may require the party of the second part
to remove such temporary encroachment; and pending such removal,
the party of the first part may charge the party of the second
part compensation for the use of such portion of the City.s
right-of-way encroached upon the equivalent of what would be the
real property tax upon the land so occupied if it were owned by
the party of the second part; and if such removal shall not be
made within the time ordered hereinabove by this Agreement, the
City shall impose a penalty in the swn of One Hundred Dollars
($100.00) per day for each and every day that such encroachment
is allowed to continue thereafter, and shall collect such
compensation and penalties in any manner provided by law for the
collection of local or state taxes.
IN WITNESS WHEREOF, P. EDWARD SCHENK AND MARILYN J.
SCHENK, the said party of the second part has caused this
Agreement to be executed by his signature and seal duly affixed.
Further, that the City of Virginia Beach has caused this
Agreement to be executed in its name and on its behalf by its
City Manager and its seal be hereunto affixed and attested by its
City Clerk.
4
CITY OF VIRGINIA BEACH
By
City Manager
(SEAL)
ATTEST:
City Clerk
By(
Edward Schenk
By
Marilyn A. Ichenk
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, a Notary
Public in and for the City and State aforesaid, do hereby certify
that AUBREY V. WATTS, JR., City Manager for the CITY OF VIRGINIA
BEACH, whose name is signed to the foregoing Agreement beari
ng
i date on the day of 19_, has acknowledged
the same before me in my City and State aforesaid.
GIVEN under my hand this day of
19-.
My Commission Expires: Notary Public
5
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, a Notary Public
in and for the City and State aforesaid, do hereby certify that
RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH,
whose name is sigried to the foregoing Agreement bearing date on
the day of , 19 _, has acknowledged the
same before me in my City and State aforesaid.
GIVEN under my hand this day of
19-.
Notary Public
My commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, a Notary Public
ds-t
in and for the Cit@ and ate aforesaid, do hereby certify that
P. EDWARD SCHENK, whose name is signed to the foregoing writing,
bearing date the day of 19 9/, has
acknowledged the same before me@in my@'ty and State aforesaid.
Given under my hand this day of
19
@otaiCy Pu@
My Commission Expires: .3 o.
6
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, a Notary Public
in and for th( te aforesaid, do hereby certify that
MARILYN J. SCHENK, whose name is signed to the foregoing writing,
bearing date the @@ day of '19 -9/, has
acknowledged the same before e in y ity nd Stte aforesaid.
Given under my hand this day of
19
Not.r ilub
My commission Expires: ?O
RKL/tga
07/01/91
(encroach\schenk.agr)
@ROVED AS T T
7
ECT SITE
SEE GRID Li
LOCATION MAP
CA'rt.,A,V71C AVZ. @7-@
1
w
@/10 vo, FEIVCE
.Xfsr. W5
1 2 1 0
I0
MARY W.& R.G.& FRANCIS
i.M. MOORE
GWALTNEY J
4608 4600 OCEANFONI 'T
OCEANFRONI
73, o,
0 CE/A IV A VE. 5 T-, /-/-A 7-.) :5o'
IOLA T A tqC) PLAN
T-1 5 CA/-E 3 o , 0
nw FIW r-"
l@P
CITT or- VIIZGINI,& E5r-AC14
Rir-HT@\VAY ENCROKCHMENT PEP,.
MR, P EDWARD SCHPNCK
@A 4GO4 OC@F-P-ONT AV@.
DILA.WN'L DATE owr..
itiun@l A - i"Li
NOT A SUBDIVISION EXHIBIT "A"
- 49 -
Item 111-J.5
CONSENT AGENDA ITEM # 34839
Upon motion by Vice Mayor Fentress, seconded by Counci lman Sessoms, City
Council ADOPTED:
Resolution authorizing and directing the City
Manager to execute a water cost particlpation
agreement ($26,200) with Liberty Properties, Inc.,
re constructi on of water f aci I i ti es i n She I burne
Woods Subdivision (PRINCESS ANNE BOROUGH).
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba
S. McClanan, Mayor Meyera E. Oberndorf, Nancy K.
Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
1 A RESOLUTION TO AUTHORIZE AND DIRECT THE CITY
2 MANAGER TO EXECUTE A WATER COST PARTICIPATION AGREEMENT
3 WHEREAS, Liberty Properties, Inc - , hereinaf ter ref erred to as "Owner, " is
4 desirous of improving certain property in the Shelburne Woods Subdivision in the
5 Princess Anne Borough in accordance with the terms and conditions of the City
6 ordinances;
7 WHEREAS, in order for the Owner to provide water service to the project
8 area, it is necessary for Owner to construct certain water facilities;
9 WHEREAS, the City has requested that such construction be greater in scope
10 than is necessary to provide service to customers other than those within the
11 project limits and to prevent the City from incurring additional costs at a later
12 date;
13 WHEREAS, the City desires to enter into a cost participation agreement with
14 the City's share of costs at $26,200.00;
15 WHEREAS, funding for the City's cost is available from Project 5-071 Water
16 Requests and Agreements Phase II.
17 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
18 BEACH, VIRGINIA:
19 That the City Manager is hereby authorized and directed to execute a water
20 cost participation agreement with Liberty Properties, Incorporated for the
21 construction of water facilities. Said proposed agreements are hereby attached
22 and approved.
23 This ordinance shall be effective on the date of its adoption.
24 Adopted by the Council of the City of Virginia Beach, Virginia on the
25 27 day of August 1991.
APPROVED AS 70 CONTENTS
DEPARTMENT OF PUBLIC UTILITIES
API D FORM
cil
- 50 -
Item 111-J.6
CONSENT AGENDA ITEM # 34840
Upon motion by Vice Mayor Fentress, seconded by Counci ]man Sessoms, City
Council APPROVED:
LOW BID:
WATERFRONT MARINE MILL DAM BRIDGE $ 682,749.95
CONSTRUCTION, INC. REPLACEMENT (CIP 2-042)
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R, Jones, Paul J. Lanteigne, Reba
S. McCianan, Mayor Meyera E. Oberndorf, Nancy K.
Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 51 -
Item 111-J.7
CONSENT AGENDA ITEM # 34841
upon motion by Vice Mayor Fentress, seconded by Counci Iman Sessoms, ity
Council ADOPTED:
Ordinance authorizing License Refunds In the amount
of $10,504.60 upon application of certain 'persons
and upon certificatlon of the Commissioner of the
Revenue.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba
S. McClanan, Mayor Meyera E. Oberndorf, Nancy K.
Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
FORM NO, C.k 8 REV@ M
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
License Date Base Penalty Int. Total
NAME Year Paid
Hardy Building Corp. 1989-90 Audit 477.12 477.12
4356 Bonney Road #101
Virginia Beach, VA 23452
Household Finance Corp. of VA
T/A Household Finance corp. 1988-90 Audit 5,468.23 5,468.23
2700 Sanders Road/Property Mgt.
Prospects Heights, IL 60070
J. W. Gant & Associates, Inc.
Harlequin Plaza South 1989-90 Audit 1,355.61 1,355.61
7600 East Orchard Road
Englewood, CO 80111
Winesett, Michael R. 1990 Audit 17.42 17.42
T/A Win Mar Construction
1417 Drum Point Road
Virginia Beach, VA 23457 Certified as to Paym
@Robert P. Vau
Commissione nue
Approved as to form:
City Attorney
This ordinance shall be eftective from date of
adoption.
The above abatement(s) totaiing $ 7, 318. 38 were approved by the Council
of the City of Virginia Beach on the 27 day of August 91
19
Ruth Hodges Smith
City Clerk
FORM NO. C.k 0 REV. au
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty Int. Total
Year Paid
Emrick, Tim J. 1968-89 Audit 12.36 12.36
T/A T L M Marketing
5072 Holly Farm Drive
Virginia Beach, VA 23462
Executive Office Machine, Inc.
P. 0. Box 61901 1990 Audit 74.12 74.12
Virginia Beach, VA 23462
Godines, Juan 0. 1990 10/12/90 30.00 30.00
T/A Total Automotive Shop
4613 Jericho Road
Virginia Beach, VA 23462
Certified as to Payment:
c@6bert P. Vaughan
Commissioner of the Revenue
Approved as to form:
@lie-L. Lilley
City Attorney
This ordinance shall be effective irom date of
adoption.
The above abatement(s) totaling $ 116. 48 were approved by the Council
of the City of Virginia Beach on the 27 day of August '19 91
Ruth Hodges Smith
City Clerk
FORM NO. C.& 8 REV, "6
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty lnt. Total
Year Paid
Baker, Charles V. 1989-90 Audit 30.00 30.00
T/A Soarta Ltd.
2036 Alphine Road
Virginia Beach, VA 23451
DBS Retail Computer Center Inc.
T/A Data Systems Computer Center
P. 0. Box 61112 1990 Audit 1,029.56 1,029.56
Virginia Beach, VA 23462
Don Hauck & Associates, Inc.
500 Winston Salem Avenue 1989 Audit 2,010.18 2,010.18
Virginia Beach, VA 23451
Certified as to Payment:
Commissioner of e @venue
Approved as to form:
@eslie L. Lil eFy-
This ordinance shall be effective from date of City Attorney
adoption.
The above abatement(s) totaling $ 3,069. 74 were approved by the Council
of the City of Virginia Beach on the 27 day of August 91
- 19
Ruth Hodges Smith
City Clerk
- 52 -
Item Ill-K.l.
APPOINTMENTS ITEM # 34842
Upon NOMINATION by Vice Mayor Fentress, City Council APPOINTED:
BOND RERERENDA COMMITTEE (1986 Referendum)
Cecil Cutchins
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba
S. McClanan, Mayor Meyera E. Oberndorf, Nancy K.
Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 53 -
Item Ill-K.2.
APPOINTMENTS ITEM # 34843
Upon NOMINATION by Vice Mayor Fentress, City Council APPOINTED:
HAWTON ROADS AIR POLLUTION CONTROL DISTRICT COMMISSION
Bartley Tuthill (Alternate)
Two Year Term: 11/1/91 - 10/31/93
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba
S. McClanan, Mayor Meyera E. Oberndorf, Nancy K.
Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 54 -
Item Ill-K.3
APPOINTMENTS ITEM # 34844
Upon NOMINATION by Vice Mayor Fentress, City Council APPOINTED:
PARKS AND RECREATION COMMISSION
James R. Darden (Lynnhaven Borough)
Three Year Term; 9/1/91 - 8/31/94
AND, REAPPOINTED:
Kenneth D. Nelson (At Large)
G. Garland Payne (At Large)
Henry 0. Pezzella (At Large)
Three Year Terms: 9/1/91 - 8/31/94
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba
S. McCianan, Mayor Meyera E. Oberndorf, Nancy K.
Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 55 -
Item Ill-L.l.
UNFINISHED BUSINESS ITEM # 34845
Upon motin by Vice Mayor Fentress, seconded by Councilman Clyburn,City Council
MOVED FORWARD to the beginning of the AGENDA:
DOWNZONING - Review of Court Decisions
Gregory N. Stillman, Attorney - Hunton and Williams
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba
S. McClanan, Mayor Meyera E. Oberndorf, Nancy K.
Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 56 -
Item lit-L.l-
UNFINISHED BUSINESS ITEM # 34846
Attorney Gregory N. St III man, Hunton & Will i ams, beii eved, DOWNZONING was and
still Is a legitimate land use tool; however, it is politically controversial.
The City Council passed a MORATORIUM in 1985 on any futher development south of
the GREEN LINE. Ultimately this 14oratorium was rescinded In the Spring of 1986.
in August 1986, approximately 3500 acres South of the Green Line were downzoned
by City Council action. This vote was 6-5. Unfortunately, the different
treatment of property, particulary the property within the orginal PUD known as
Courthouse Estates, presented a very difficult problem for the City's defense
of the downzoning cases. There were five court cases that were tiled, three of
which were actually tried. Courthouse Estates and the Sandbridge Development
were the two principal ones. These trials were lengthy with the Courthouse
Trial lasting ten (10) weeks. The City ultimately lost these cases. This
failure can be summed up in two reasons: (1) Failure to treat similarly
situated properties Identically; and, (2) there was no change in circumstances
presented that existed In the Courthouse Sandbridge Study Area from the time of
the original zoning.
- 57 -
Item Ill-L.2.
UNFINISHED BUSINESS ITEM # 34847
BY CONSENSUS, City Council SCHEDULED for the City Council Session of September
3, 1991:
Resolution directing the Planning Commission to
study an amendment to Section 16 of the Stormwater
Management Ordinance re incorporation of the
SOUTHERN WATERSHEDS MANAGEMENT ORDINANCE
- 58 -
Item 111-M.l.
NEW BUSINESS ITEM # 34848
RIVERLAKE WATER AGENCY, INC.
The following registered to speak in SUPPORT of the Ordinance:
Diana Janzen, 612 Charlecote Drive, Phone: 424-5815. Mrs. Janzen distributed
photographs of the water leaks in the Riverlake system.
Gary L. Danielson, 620 Cardamon Court, 424-6040. The water is sedimented with
"iron rust".
C. W. Walther, 616 Cardamon Court, Phone: 420-2742. Riverlake has been cited on
numerous occasions.
John Sabol, 6105 Witham Street, Phone: 523-1075, presented the City Manager
with samples of a water filter and a bottle of rusty water.
Upon motion by Councilman Clyburn, so-conded by Councilman Baum, City Council
ADOPTED:
Ordinance authorizing the acquisition of the
waterworks system of Riverlake Water Agency, Inc.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba
S. McCianan, Mayor Meyera E. Oberndorf, Nancy K.
Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
REQUESTED BY: COUNCILMAN CLYBURN AP?t
SICN@ A YU.-- E
CITY ATTOINEI
1 AN ORDINANCE TO AUTHORIZE THE ACQUISITION OF
2 THE WATERWORKS SYSTEM OF RIVERLAKE WATER
3 AGENCY, INC.
4 WHEREAS, in the opinion of the Council of the City of
5 Virginia Beach, Virginia, a public necessity exists for the
6 acquisition of the waterworks system of Riverlake Water Agency,
7 Inc., for the preservation of the public safety, health, peace,
8 good order, comfort, convenience, and for the welfare of the people
9 in the City of Virginia Beach:
10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
11 OF VIRGINIA BEACH, VIRGINIA:
12 Section 1. That the City of Virginia Beach is hereby
13 authorized to acquire by purchase or condemnation pursuant to
14 Section 15.1-335, Code of Virginia of 1950, as amended, all that
15 certain real property in fee simple and plants, works, buildings,
16 machinery, pipes, mains, wells, basins, reservoirs and all other
17 appurtenances thereto and its contracts, easements, rights and
18 franchises, including its franchise to be a corporation, for the
19 waterworks system of Riverlake Water Agency within the territory
20 served as shown on the attached plat entitled "WATER SYSTEM --
21 RIVERLAKE WATER AGENCY, INC., VIRGINIA BEACH, VIRGINIA, ALVORD,
22 BURDICK & HOWSON, ENGINEERS, CHICAGO", which plat is also on file
23 in the Department of Public Utilities, Virginia Beach, virginia.
24 Section 2. That the City Manager is hereby authorized
25 to make or cause to be made on behalf of the City of Virginia
26 Beach, to the extent that funds are available, a reasonable offer
27 to the owners or persons having an interest in said lands, plants,
28 and works, and other interests as set forth hereinabove, if
29 refused, the City Attorney is hereby authorized to institute
30 proceedings to condemn said property.
31 Adopted by the council of the City of Virginia Beach,
32 virginia, on the 17 day of August , 1991.
33 CA-4394
34 Noncode\CA4394.ORD
35 R-1
- 59 -
Item 111-M.2.
NEW BUSINESS ITEM # 34849
BY CONSENSUS, City Council DESIGNATED:
Voting Delgate
Mayor Meyera E. Oberndorf
Alternate Voting Delegate
Councllman Robert W. Clyburn
NATIONAL LEAGUE OF CITIES
1991 Congress of Cities
Las Vegas, Nevada
December 12-16, 1991
- 60 -
Item lll-N.
ADJOURNMENT ITEM # 34850
Upon motion by Councilman Baum, and By CONSENSUS, City Council ADJOURNED th,
Meeting at 11:40 P.M.
Bever @ 0. HooCs, C-MC
Chief Deputy City Clerk
uth Hdg , Smith, CMC
City Clerk
City of Virginia Beach
Virginia