MARCH 26, 1991 MINUTES
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
-10@ @O@ERI I IIWII@,
CITY COUNCIL AGENDA
26, 1991
ITEM 1. FORMAL SESSICK r 6.-00 Pm
A, 70 ORDER Mayor Meye- E. Oberndorf
B- INVIOCATION: Chaplain Donald Staton
Virginia Beach Police Departmnt
C' PLEDGE OF TO THE F@ OF T-HE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF C,Ty CC)UNCIL
E. CERTIFICATION OF EXE=IVE SESSION
F.
" INFORMAL & FO@ SESSIONS - Deferred - March 5, 1991
2. INFO@ & FORMAL SESSIONS - March 12, 1991
G. REPORT TO CITY COWIL
1- PLANNIM COMMISSION
Daniel J. Arris, Chairman
2, CENTRAL BUSINESS DISTRICT COMMISSION srudy
W. Robert iones, Chairman
R. CITY MANAGER'S PRESENTATION
1- SOUTH@ERN EXPRESSVRY
Chris Lloyd, Project Marlager
Maguire Group, Inc.
F-k DU-, T-sportation Planner
John Martz, Location and Design
Ken Wilkerson, Envirorffnental Quality
Virginia Departrmnt of Transprtation
PUBLIC
1. SOUTREASTERN EXPRESS@Y
a. Design
b. Alignment
J. RESOLMONS
1. Resolution to support the Virginia Departmnt of Transportation's
Design proposal; and, the reocmended align-nt, BE-10, as depicted
on the City's Master Street and Highway Plan for the Southewtern
Exp--y.
2. Resolution establishing a Public-Use Golf Course Ccmmittee of the
City of Virginia Beach, Virginia, to study means of establishing
and financirig golf courses in the City for use by the public.
K. CONSERT AGEMN
All matters listed under the Consent Agenda are considered in the
ordinary course of business by City Oouncil and will be enacted by
ow motion in the form listed. If an item is remved from the C,rs,nt
Agenda, it will be discussed and voted upon separately.
1. Resolution directing the Director of Finance to authorize Crestar
Bank to make payment to Bearer (Crestar Bank) of $5,000 principal
amunt plus interest to date of maturity re General obligation
Public -nt Bond, Series of 1978, Bond number 1644, said
bond having been misplaced by crestar Bank.
2. Ordinanoe, Lipon SEcom READING, to $28,250 from the
Ccnmnwealth of Virginia to the Fire Departrnent re purchase of
automatic defibrillators.
3. Ordinance, upon FIRST READIW,, to and APPROPRLATE a $5,000
Grant fran the National Crime Prevention Council to the Department
of Juvenile Probation re -Teens, Crime and the ity Program,;
and, increase revenue from the Federal Goverrment for FY 1990-1991
by $5,000.
4. Ordinances appointing viewers in the petitions of:
a. A. Stafford and Anne t4- StaffOrd fOr the closure of a
portion of Cape Henry Drive (LYNNHAVEN BOROUGH).
b. G8mini Builders, Inc. f_ the closure of a portion of old
Princess Anne Road (KEmpsviLLE BoRouGH).
5. FICATES OF PUBLIC CONVENIENCE AND NECESSITY:
Alpine Limousines
Fortum 500 Limousines, Ltd.
L. PUBLIC HEARIW.
1. PLANNM
a. Authorization for conversion of a rionconfo@ng use at
3700 west stratford Road, containiru 12,980.88 square feet,
property of C & T Properties, Inc. (aAysiDE BOFUUGH).
b. Application of JOHN M. BAILED and MICHAEL J. MILES for a
Conditional Use Pemit for a landfill on the East side of
Oceana Boulevard, 1000 feet South of Southern Boulevard,
containing 70 acres (LYNNKKVEN BOROLUH).
@ccmwndation: AP
c. Application of MMVIN HELMICK for a Variance to Section 4.4(b)
of the Subdivision ordinance whicff re-quires that all lots
created by subdivision meet all requiremnts of the City Zoning
Ordinance, at the Northwest intersection of Holly Road and 35th
Street (VIRGINIA BEACH BOROUGH).
Rec@ndation:
d. Application of RICKIE L. MACHLERM and ROBFJM L. WHI for
a Change of Zoning District Classification from R-10
Residenti istrict to A-18 Apartrnent District at the
Southeast corner of South Birdneek Road and Brooklyn Avenue,
containing 2.070 acres (LYNNHAVEN BOROUGH).
Reccnmndation:
e. Applications of INDIAN P ION, IW. (PRINCESS ANNE
BOROUGH) :
Change of Zonirig District Classifications:
(1) AG-1 Agricultural District to R-10 Residential District,
contai ing 56.1 acres:
PARCEL 1: 720 feet more or less North of Irldian River
Road beginning at a point 5600 feet more or
less @st of @st Neck Road.
PARCEL 2: 700 feet more or less North of Indian River
Road beginning at a point 4200 feet more or
less @st of West Neck @d.
PARCEL 3: 640 feet more or less North of Indian River
Road beginning at a point 3040 feet more or
less @st of @st Neck Road.
PARCEL 4: 840 feet more or less North of Iridian River
Road begirming at a point 640 feet more or
less @st of hbst Neck Road.
(2) AC,-l Agricultural District to R-15 Residential District,
containing 82.1 acres:
PARCEL 1: 660 feet more or less North of Indian River
Road beginning at a point 740 feet more or
less @st of @st Neck Road.
PARCEL 2: 1360 feet more or less North of Indian
River Road beginning at a point 3850 feet
more or less @st of @st Neck Road.
PARCEL 3: 1920 feet more or less North of Indian
River Road beginning at a point 5540 feet
more or less West of @st Neck Road.
(3) 1Vrigcultural District to R-20 Residential District,
=ta n 101.9 acres:
PARCEL 1: 700 feet more or less North of Indian River
Road beginning at a point 1140 feet more or
less @st of Wst Neck Road.
PARCEL 2: 1200 feet more or less North of Indian
River Road beginning at a point 900 feet
more or less hbst of Wst Neck Road.
PARCEL 3: 4000 feet more or less North of Indian
River Road beginning at a point 700 feet
more or less Wst of Wst Neck Road.
PARCEL 4: 1900 feet more or less North of Indian
River Road beginning at a point 4800 feet
more or less Wst of Mst Neck Road.
PARCEL 5: 2300 feet more or less North of Indian
River Road beginning at a point 3650 feet
more or less %bst of West Neck Road.
PARCEL 6: 1400 feet more or less North of Indian
River Road beginning at a point 3700 feet
more or less hbst of hbst Neck Road.
(4) AG-2 Agricultural District to R-10 Residential District,
containing 52.9 acres:
PARCEL 1: North side of Indian River Road beginning
at a point 5800 feet more or less West of
@st Neck Road.
PARCEL 2: North side of Indian River Road beginning
at a point 5200 feet more or less @st of
Rbst Neck Road.
PARCEL 3: North side of Indian River Road beginning
at a point 2920 feet more or less west of
Wbst Neck Road.
PARCEL 4: hbst side of West Neck Road beginning at a
pc)int 800 feet more or less North of Indian
River Road.
PARCEL 5: 2940 feet Northwest of the intersection of
Indian River Road and West Neck Road.
(5) @n-t2 !Ligcu2ltural District to R-15 Residential District,
aN .n 2.8 acres:
PARCEL 1: West side of West Neck Road beginning at a
point 4440 feet more or less North of
Indian River Road.
PARCEL 2: 300 feet more or less North of Indian River
Road beginning at a point 640 feet more or
less Mst of Wbst Neck Road.
(6) 2 ltural District to R-20 Residential District,
t 14.6 acres:
PARCEL 1: 700 feet more or less North of Indian River
Road beginning at a point 1140 feet more or
less @st of West Neck Road.
PARCEL 2: 3340 feet more or less North of Indian
River Road beginning at a point 1800 feet
more or less @st of @st Neck Road.
PARCEL 3: 3480 feet more or less North of Indian
River Road beginning at a point 240 feet
Tnore or less West of West Neck Road.
AND,
Conditional Use Pemit:
For a recreational facility of an outdoor nature (golf
course) at the Northwest intersection of Indian River
Road and West Neck Road, containing 203.6 acres.
Deferred Indefinitely and
Referred to Planning Cormnission: May 14, 1990
Deferred for @ Adoption of the Ccmprehensive Plan
Pec@ndation: DENY ALL APPLICATIONS
f. Applications of LAKE RIDGE ASSOCEATES for Conditional Zoning
Classifications (PRINCESS ANNE BOROUGH):
(1) ricultural District to A-12 Apartmnt District,
ntlaining 103.5 acres:
PARCEL 1: 4000 feet more or less Southwest of the
intersection of Princess Ame Road and
Landstown Road.
PARCEL 2: 6400 feet more or less Southwest of the
intersection of Princess Anne Road and
Landstown Road.
(2) AG-1 Agricultural District to A-18 Apartnient District
5050 feet more or less Southwest of the intersection of
Princess Anne Road and Landstown Road, containing 23.6
acres.
(3) @l Agricultural District to B-2 Ccmunity Business
District, containing 187.1 acres:
PARCEL 1: 1200 feet more or less Southwest of
Princess Anne Road, 4600 feet more or less
Southeast of Landstown Road.
PARCEL 2: 2200 feet more or less Southwest of
Princess Anne Road, 3900 feet more or less
Nortlwest of North Landing Road.
PARCEL 3: 900 feet more or less West of Laridstown
Road, 2800 feet more or less Northwest of
Princess Anne Road.
(4) AG-1 Agricultural District to H-1 Hotel District 3400
feet more or less West of Princess Anne Road beginning at
a point 4800 feet more or less Southwest of the
intersection of Princess Anne Road and Landstown Road,
containing 15 acres.
(5) AC-1 Agricultural District to 0-2 Office District,
containing 200 acres:
PARCEL 1: 1200 feet West of Princess Ame Road
beginning at a point 1400 feet more or less
Southwest of the intersection of Princess
Anne Road and Landstown Road.
PARCEL 2: 1200 feet East of Landstown Road beginning
at a point 3050 feet more or less South of
the intersection of Landstown Road and
Princess Anne Road.
PARCEL 3: 1200 feet @st of Landstown Road beginning
at a point 1800 feet more or less Southwest
of the intersection of Landstown Road and
Princess Anne @d.
PARCEL 4: 1200 feet hbst of Landstown Poad beginning
at a point 3250 feet more or less Southwest
of the intersection of Landstown Road and
Princess Anne Road.
PARCEL 5: 1200 feet West of Landstown Road beginning
at a point 4850 feet more or less Southwest
of the intersection of Landstown Road and
Princess Road.
(6) AG-1 Agricultural District to 0-2 Office District located
1200 feet rnore or less Southwest of Princes@Anne Road,
9100 feet more or less Southeast of Landstown Road,
containing 155.6 acres.
(7) ral District to 0-2 Office District,
=tlai&rgi-18lotul acres:
PARCEL 1: 7320 feet more or less Northeast of the
intersection of Landstown Road and Salem
Road.
PARCEL 2: 1800 feet more or less Southwest of the
intersection of Landstown Road and Princess
Anne Road.
(8) AG-1 Agricultural District to P-1 Preservation District
1200 feet wst of LandstOwn ROad beginning at a point
3000 feet more or less Southwest of the intersection of
Princess Anne Road and Landstcywn Road, containing 117
acres.
(9) AG-2 Agricultural District to B-2 Ccmmnity Business
District, on the Southwest side of Princess Anne Road,
4460 feet more or less Southeast of the intersection with
Landstown Road, containing 18.5 acres.
(10) AG-2 Agricultural District to 0-2 Office District 1200
feet more or less Southwest of the intersection of
Landstown Road and Princess Ame Road, containing 3.3
acres.
(11) AG-2 Agricultural District to 0-2 office District, on the
East and West sides of Landstown Road, South ot the
intersection with Princess Anne Road, containing 143.2
acres.
(12) nt2 @ricultural District to 0-2 office District on the
h st ide ot Princess Anne Road, 9100 feet more or
less Southeast of Landstown road, containing 17 acres.
(13) AG-2 Agricultural District to P-1 Preservation District
on the East and West sides of Landstown Road, 7200 feet
more or less East of Salem Road, containing 20.1 acres.
(14) R-5D Residential Duplex District to 0-2 office District
1250 feet more or less Southwest ot the intersection of
Princess Anne Road and Landstown Road, containing 8.5
acres.
Deferred for the Adoption of the Cornprehensive Plan
@oomendation: APPROVE ALL APPLICRTIONS
M. UNFINISHED BW@
N. NEW BUSINESS
1. Administrative appeal of Mr. and Mrs. Charles D. Leffler to City
Council re four lots for right of ingress and egress via a private
lane over the Leffler property as Eagles Reach.
(Sponsored by Mayor Meyera E. Obemdorf)
0. AW
3/21/91 gs
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
March 26, 1991
Mayor Meyera Oberndorf called to order the FORMAL SESSION of the VIRGINIA
BEACH CITY COUNCIL in the Council Chambers, City Hall Building, on Tuesd@y,
March 26, 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: Chaplain Donald Staton
Virginia Beach Police Department
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
- 2 -
Item I-E.I.
CERTIFICATION OF
EXECUTIVE SESSION ITEM # 34215
CERTIFICATION was not necessary as no EXECUTIVE SESSION was held.
3
Item I-F.l.
MINUTES ITEM 34216
Upon motion by Vlce Mayor Fentress, seconded by Councilman Heischober, City
Council APPROVED the Minutes of the INFOR14AL AND FORMAL SESSIONS of March 5,
1991, as REVISED.
Vice Mayor Fentress referenced Page 7, ITEM # 34153
The verbiage "to make It economically feasiblell
shall not be Inserted after the words "..sufficient
user demand" on Page 36, Transportation, (Page 11-
C-15 of the Comprehensive Plan Draft)
"Serious consideration of such systems should be
predicated upon a demonstration of sufficient user
demand to m-',e I+ agopomir@lly ton@@ and the
ability to link these faclilties to simllar or
other modes of transportation, as may be found
appropriate."
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
4
Item I-F.2.
MINUTES ITEM 34217
Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City
Council APPROYED the Minutes of the INFORMAL AND FORMAL SESSIONS of March 12,
1991:
Voting: 11-0
Council Members Voting Aye:
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.
McClanan, Mayor Meyera E. Oberndort, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
5
Item I-G.l.
R E P 0 R T T 0 C I T Y C 0 U N C I L
PLANNING COMMISSION
6:10 P.M.
ITEM # 34218
Daniel J. Arris, Chairman - Plannlng Commission advised of his purpose to
establish an on-going spirit of cooperation and communlcation between the
Planning Commlssion and the City Council. Mr. Arris recommended the City
Council consider a Consent Agenda as in a majority of cases the Council's
decision coincides with the Pianning Commission. In several of the applications
where there Is a disagreement with the recommendation of the Planning
Commlssion, the applicant has often made substantive changes In their proposal.
In those particular cases, the application should come back to the Planning
Commission before final City Council consideration.
Mr. Arris advised reasonable and constructive suggestions have been made to
Improve the COMPREHENSIVE PLAN. The Planning Commission wishes to revisit some
of these suggestions and bring forward their Ideas to City Council. Mr. Arris
distributed a nwish list" of 1991 Proposed Projects. Said list Is hereby made a
part of the record. The Planning Commission wishes to establish a list of
objectives for each of the Items, select a staff liaison and then form a
committee. The majority of the Committees would be involved with the Planning
C-ommission Members and In some cases, outside assistance
Redevelopment -- 17th Street Project
Communities of Place
r,olf Courses
Seatack -- Community needs vs. Aculz vs. Crash Zone
Blueprint for the rural community - Looking Into the 21st
Century
Architectural Review.
More detailed information will be provided to City Council relative each of
these Proposed Projects.
6
Item I-G.l.a
INTRODUCTION ITEM 34219
ADD-ON
Mayor Oberndorf recognized the fol lowing Boy Scouts In attendance during the
City Council Session to earn their Merit Badges.
TROOP #191
John Anderson (Troop Committee Member)
Daniel Anderson
David Million
Scott Larrabee
7
Item I-G-2.
R E P 0 R T T 0 C I T Y C 0 U N C I L
CENTRAL BUSINESS DISTRICT
6:33 P.M.
ITEM # 34220
W. Robert Jones, Chairman - Central Buslness District Commission, read Into the
record the transmittal letter to the City Council. Said letter Is hereby made a
part of the record. In accordance with the resolutlon ADOPTED November 6, 1989
and AMENDED November 20, 1989, by the Council of the City of Virginia Beach,
the Central Business District Commission selected a consultant. Mr. Jones
distrlbuted the CBD MASTER PLAN which will provide guidance for development of
the Central Business District over the next 25 years and beyond. Mr. Jones
Introduced Dr. Stephen S. Ful ler, Principal of the EDAW Consulting Team -
Professor of Urban and Regional Planning and Chalrman of the Department of
Urban Planning and Real Estate Development at the George Washington University
in Washlngton, D.C.
Dr. Ful ler advised the Central Business District by definition Is a compact
place, urban In its conf lgurat*ion and enhances and accommodates pedestrian
activity and vitality. The CBD Is a place where It Is easy to walk about. It
conslsts of a variety of activities, both public and private. The
interdependencies among the buildings and open spaces, the retall office and
public activities Is an important aspect. The Pembroke area lies just north of
the Virginia Beach Expressway and Is almost centered between the Beach and
downtown Norfolk. In fact, It Is more than just a center for the City, it Is a
center for the region. It provides many opportunities for service and
development beyond those that might accrue to residents in Virginia Beach. In
effect, It Is the heart of the City. Pembroke represents approximately 2 1/2-
MILLION square feet of space domlnated by the Pembroke Mall comprised of over
700,000 square feet, with office bulldings, 1400 residential units within the
CBD, a lot of open space and many unrelated functions, although very compatible
both public and private.
The princlpal design features of the Concept Plan Include:
Compact and modern appearance
Extroverted Image
Pedestrian orientatlon
Integrated land use pattern
Street-oriented bulldings
Streetscape and green spaces create design quality
Image
Reinforcement of adjacent residential areas
Pedestrian-retall bridge spannlng Virginia Beach
Boulevard
Location of parking lots and structures in the
Interior of blocks on secondary streets
Central Park
The Central Park creates a public space to accommodate a full range of day-time
and vending activities on a year 'round basis. This will be a major focal point
for the City center serving shoppers, visitors, office and sales workers.
Dr. Fuller advised the major GOALS and OBJECTIVES:
LAND USE: Support an Integrated, mlxed land use
environment, building from existing faci lities and
structures and recognizing future market potential.
URBAN DESIGN: Establish a distinct physical
structure and Image for the CBD.
ENVIRONMENT: Protects, restores and enhances
existing natural features.
TRANSPORTATION: Establishing a transportation
network that supports both internal and external
circulation.
8
Item I-G.2.
R E P 0 R T T 0 C I T Y C 0 U N C I L
CENTRAL BUSINESS DISTRICT
ITEM # 34220 (Continued)
The Concept Plan recognized the Importance of Its existing environment. Rather
than a barrier to the CBD's development, this natural environment, including
Thalia Creek, Its tributaries and associated wetlands, provide the CBD with
visual qualities and open spaces that establish Its distinctive identity and
theme. The protection and enhancement of Thalia Creek provides an Important
structuring element in the plan and contributes to Its Identity.
The urban environment already existing is the starting point. Many of the
structures are of good quality and will be retained. The Transportation system
Is of high quality. With the plans that are already in place and recognized
within the Capital Improvement Budget, most of the transportation facilities
necessary to support the Initial phases of the CBD's development are basically
available. Creating a unique place constitutes a portlon of the mission. The
key word Is diversity, establishing both residential functions, retall,
recreational, hotel and cultural opportunities.
There are two major areas In the CBD. They are the core and the transition
areas. The core Is geographically the center of the CBD. It is physically
bounded by Independence Boulevard on the west, the Norfolk and Southern
railroad on the south, Constitution Drive on the east and to a short distance
south of Jeanne Street on the north. This Is the area with the greatest
potential for higher density, building helght, activity and pedestrian movement
In the study area. The existing grid of streets provides for both the physical
Integration of land use and a pedestrian-oriented development pattern.
Surroundlng the Core Area is the Transition Area which extends from the core to
the limits of the CBD. The Transition Area Is bounded by Kellam Road on the
west, Bonney Road and the Virginia Beach Expressway on the south, Thalia Creek
on the east and Jeanne Street on the north. In the Transition Area, the land
uses gradually diminish in density and buildlng height to create a more
compatible condition along the perlmeter.
The Core area is going to be dominated by offices and retall, restaurants,
hotels, higher density residential, open space and cultural facilities. The
Transitlon Area, which wraps around the Core, is predominately residential with
residential serving retall and some professional offices, open space,
educational and health facilities.
Dr. Fuller displayed the Open-Space/Landsr-ape and Parks PlanIof which the
Central Park is a key element. Additional parks, which ser'le a number of
purposes, connect Into the Thalia Creek drainage area. The buildings depicted
In orange are the commercial spaces. Purple Indicates appropriate locatlons
for hotels. Blue Indicates public buildings, Including the present High School.
The key to the entlre plan in achieving the Image and vision of the CBD is the
Central Park.
An Implementation Plan has been developed, which Is focused on providing the
means for fulfilling the Master Plan.
Financial Plan
Management Plan
Priority Projects and Phasing Plan
Regulatory Strategy
The utilization of tax-increment financing Is strongly suggested. The
Intrastructure/public Investment costs regarded as necessary to establlsh
support for the level of development are estimated to be $42-MILLION. This
estimate does not include costs for land acquisition. These estimates were
prepared to reflect requirements beyond those expenditures already included In
the City's Capital Improvement Program. Utilizing a tax Increment financing
program, approximately $115-MILLION would be generated over 25-years. In terms
of managlng this process, the creation of a CBD Program Office was suggested to
report to the City Manager and the Clty Council; and, be tasked with co-
ordlnating the plannlng, Implementation of programs, management of public
information, co-ordination of all Improvements over time and the management of
the tax-increment financing process.
9
I tem I -G. 2.
R E P 0 R T T 0 C I T Y C 0 U N C I L
CENTRAL BUSINESS DISTRICT
ITEM # 34220 (Continued)
Dr. Ful ler advised a 25-year plan is being investigated with a total square
footage excluding residential space of 6.8-MILLION square feet. The area Is
currently zoned to accommodate approximately 30-MILLION square feet. Dr. Fuller
believed the market would support 900 additional residential units. An older
community, without children, is being recognized. These Individuals wish to
live closer to retall, recreational and cultural facilities.
Mr. Jones recognized Members of the Central Business District Commission:
Michael C. Ashe
William J. Cashman
Gerald S. Divaris
Charles R. Krummell
Richard E. Olivieri
James F. Willenbrink
EX OFFICIO MEMBERS
Robert W. Clyburn - Council Member
William D. Sessoms, Jr. - Council Member
John D. Moss - Former Council Member
Tom Martinsen - Former Deputy City Manager
E. Dean Block - Assistant City Manager
Rick Berry - Purchasing
Special thanks to City Manager Aubrey V.
Watts for his assistance during the
transition period from Tom Martinsen to Oral
Lambert as the prime Commission-City
Interface.
C. Oral Lambert, Jr., - Director of Public Works
- 10 -
Item I-G-2. ITEM # 34221
Upon motlon by Councilman Sessoms, seconded by Councllman Clyburn, City Council
ACCEPTED:
REPORT OF THE CENTRAL BUSINESS DISTRICT COMMISSION
Recommendations In the CBD Report shal I be considered by City Counci I within
ninety days (June 23, 1991).
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.
McCianan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
Item 1-H.2.
C I T Y M A N A G E R' S P R E S E N T A T I 0 N
SOUTHEASTERN EXPRESSWAY
7:30 P.M.
ITEM # 34222
Christopher Lloyd, Project Manager - Maguire Group, Inc., resident of the City
for 37 years, presented Information relative the current status of the
Southeastern Expressway project. The Southeastern project began with the
Mayor's Committee on Roads in 1983. In 1984, the project was expanded to
Include both Chesapeake and Virginia Beach as VDOT encouraged local planners to
add the project to the Regional Highway Plan. In 1985, the project was adopted
by the Southeastern Virginia Metropolitan Planning Organization for
Incorporation Into the Year 2000 highway needs study. Aerial photography and
conceptua I a I I gnments were f urther deve I oped by VDOT staf f i n 1986. 1 n 1 987,
VDOT selected Maguire Group, Inc. to provide planning, engineering and
environmental studies to advance the project to its current state. During the
past three and one-half years the Department of Transportation and their
consultant evaluated over 1600 miles of roadway allgnment alternatives on this
project, 3600 parcels of right-of-way takings, delineated 3200 acres of non-
tldal wetlands, Investigated 145 architectural and historical sites and have
conducted air noise analysis at 119 locations through the approximate 70-square
mile study area. In addition, the Department has conducted 10 separate Public
Information Meetings, held 4 days of Public Hearings, distributed over 3600
newsletters on four different occasions and maintained a project "hot line",
which logged over 700 phone calls. It has also conducted over 50 separate
presentations to interested citizens and organized groups throughout this
period. In terms of local co-ordlnation, the Department and the Consultant met
monthly for a period of two years with City Plannlng and the Planning District
Staff through the development of the flnal alternatives and distribution of the
DRAFT DIS In the late Summer of 1989. VDOT Is proposing a,concept which reduces
the Impacts of the Southeastern Expressway by 50 to 60% over that which was
initially presented In the Summer of 1989. This concept involves a
reconfiguration of the ultimate 8-lane freeway facility to a 4-lane facility.
Interchanges have been abridged In an attempt to reduce the footprint of the
expressway. To further reduce impacts, Interchanges to Centerville Turnplke and
Indian River Road have been eliminated. The ultimate results of this
reconfiguration of Southeastern Expressway provides a 35% reductlon in Capital
Costs, a 14% reduction in cultural resource and park land taklngs, a 50%
reductlon of wetland takings, a 67% reduction In family locations and a 33%
reduction In non-profit or institutional displacements. The ultimate 8-lane
facility disturbed between 300 to 500 acres of wetlands compared to the current
takings of 85 to 120 acres for the 4-lane concept. Currently, Federal
regulatory agencles are now seeking a 2 to 1 replacement ratio for these
wetland takings. During negotiations with the regulatory agencies, the project
evaluated a range of land use and build-out scenarios. This effort was
requested to assure the year 2010 travel demand was not predicated upon
development In jurisdictional wetlands pursuant to Section 404 of the Clean
Water Act. In the Intervening 18 months, changes have developed regarding the
definition, the scope and the jurisdictional issues with respect to these
wetlands.
The majority of trips generated In Virglnia Beach, 61%, end in the City. Only
6% of the trips generated in Virginia Beach are destined to end in downtown
Norfolk or the Norfolk Naval Base. The Southeastern Expressway w*ill carry a
signlficant volume of traffic In the freeway mode. The contrlbution to regional
network capacity Is evldent In measurements of performance where the average
Gandidate Build Alternative for the Southeastern Expressway Improves congestion
30 to 50% over the No Build Optlons. Without the Expressway, approximately 50%
to 2/3 of the network will operate under congested conditions in the year 2010.
Travel demand between Chesapeake and Virginia Beach will increase 140% between
1983 and the year 2010. Trips between Virginia Beach and the areas outside the
region will Increase dramatically. Already trips from outside the region are
greater than trips made to elther the Norfolk CBD or the Norfolk Naval Base.
This trend will continue. In 1985, the Route 44/Virginia Beach Boulevard
corridor represented approximately one in every five trips generated in the
City. By year 2010, this wlll decrease to approximately one in every six trlps
generated In the City. The Southeastern Expressway, if In place now, would
represent one In every 10 trips generated in the City. By the year 2010, the
Southeastern Expressway will represent a greater number of trips than what is
currently generated In the Route 44/Virginia Beach Boulevard corridor.
- 12 -
Item 1-H.l-
C I T T M A N A G E R' S P R E S E N T A T I 0 N
SOUTHEASTERN EXPRESSWAY
ITEM # 34222 (Continued)
The primary purpose and need of the Southeastern Expressway is to relieve
existing and forecast traffic congestion and to accommodate a growlng travel
corridor between Chesapeake and Virginia Beach that if not addressed will
exacerbate the remaining freeway and arterial roadway network.
Mr. Lloyd advised the Secondary objectives of the Southeastern Expressway:
Secure a regional system linkage for external trips from Newport News
(1-664) and North Carolina (Route 168, US 13 and US 17).
Provide access to the Oceana Naval Air Station In order to secure a
needed link In the National Defense Highway System.
Provide a travel corridor which addresses the multi-nodal development
patterns between Chesapeake and Virginia Beach.
Support existing comprehenslve plannlng and economic development
activity In the region where municipal policy and Infrastructure
dollars have been committed to the corridor.
Compliment the transportation network which supports existlng port
facilities In a region where port actlvlty is cruclal to national,
state and regional commercial and defense interests.
Provide an alternate hurricane evacuation route for one of the
densest populated coastal communities In the Mid Atlantic.
Construction of a mass transit option In the Southeastern Expressway corridor
would not address the vehicular demand, and would face similar cost, relocatlon
and wetland Impacts as a roadway construction project. Such an option would
suffer financially, as the service area density between Chesapeake and Vlrglnla
Beach would not support a break even ridership. Without the Southeastern
Expressway, the only remainlng east-west link betwen Virginia Beach Is 1-64 and
Route 44. The No-Build forecast Indicates 1-64 functions at a Level of Service
F from the interchange of 1-464 to 1-264 in 2010. The same No-Build forecast
has Route 44 operating at Level of Service F and E from Newtown Road to
Rosemont Road. Double decklng of Route 44 was evaluated as a partial No-Bulld
option to the Southeastern Expressway. Double decking, whlch Is estimated at
approximately $1-BILLION, would be the only option to Increase capacity as
additional right-of-way In that corridor Is not avallable.
Since 1987, approximately $3-MILLION has been expended on Planning,
Environmental Studies and Englneering relative the Southeastern Expressway.
The four-lane concept should respond to the concerns raised by the
Environmental Protection Agency and the Corps of Englneers. VDOT Is exploring
varlous options for funding. VDOT does need enabling legislation or ordinances
from the City to assist in promoting the concept of greenways and enhancement
areas.
Mayor Oberndorf suggested an at-grade four-lane parkway concept which would
have an entirely different connotation as far as the aesthetics and not
dividing the City Into quarters. Thls concept would be user friendly and an
enhancement to the City and not a detraction. Mayor Oberndorf referenced the
Colonial Parkway constructed between Yorktown and Williamsburg, whlch Is
aesthetically pleastng, moves traffic and has limited access.
13 -
Item 1-H-1.
C I T Y M A N A G E Rt S P R E S E N T A T I 0 N
SOUTHEASTERN EXPRESSWAY
ITEM # 34222 (Continued)
Mr. Lloyd advised a parkway facility will facilitate future congestion problems
but not to the degree of a freeway. The freeway would have llmlted access. At-
grade crossings would not materially benefit the regional transportation need.
It is difficult to create a beautiful parkway and at the same time meet the
travel demands and simultaneously not take wetlands.
Demand can be controlled with a toll.
Mr. Lloyd referenced the PROPOSED SOUTHEASTERN E)(PRESSWAY MILESTONES:
March 26, 1991 Virginia Beach City Council Hearing
April 2, 1991 Chesapeake City Councll Hearlng
April 3, 1991 Distribute Final Working Reports
April 20, 1991 Corments from EPA/COE
May 1, 1991 Positlon Paper to Commonwealth
Transportation Board (CTB)
SUMMER 1991 CTB Approval
FALL 1991 Complete FEIS/Begin Design
1992-1993 Design Hearing/Board Approval
FALL 1993 Complete Design
1993-1995 Right-of-way Acquisition
1995 Begin Construction
Mr. Lloyd advised currently with the last ruling relative wetlands, PC
croplands will become available as mitigation sites. These are large tracts
throughout Virginia Beach and Chesapeake, which can now be converted to wetland
areas. Land banking Is also being Investigated.
- 14 -
Item 1-1.1
PUBLIC HEARING ITEM # 34223
Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on:
SOUTHEASTERN EXPRESSWAY
Design
Alignment
The following registered to speak:
Ernie Hamblin, 3732 Landstown Road, Phone: 427-2445, Member of the Landstown
Homeowners Association and Co-Chairman of the Southeastern Expressway
Citizens Advisory Group. Mr. Hamblin requested the process be speeded up to
arrive at a resolution of the exact alignment. Mr. Hamblin concurred with the
suggestion of an aesthetically pleaslng parkway.
Rae H. LeSesne, 5325 Thornburg Lane, Phone: 497-8008, President of the Citizens
Action Coalition. Mr. LeSesne advised the concept ot the Southeastern
Expressway's time has come and passed.
Marilyn Kyle, 3716 North Landstown, Phone: 427-2803, concurs with the remarks
of Ernie Hamblin. Mrs. Kyle was advised by Mr. Lloyd the Southeastern
Expressway route could be definitely establlshed this summer. Any rezonlngs
affecting this expressway should be deferred until the route Is established.
Disclosure Statements should be eliminated as soon the route is established to
enable the homeowners to be able to sell thelr homes.
Joanne Callahan, 3697 Landstown Road, Phone: 427-1421, registered but WAIVED
right to speak.
Billy Welser, 3724 Landstown Road, Phone: 426-6370, registered but WAIVED right
to speak.
Tuck Bowie, 1709 Oxen Court, Phone: 481-2741, Chalrman of the Virginia Beach
Municipal Affairs Committee of the Tidewater Builders Association, expressed
SUPPORT of the Southeastern Expressway. Copy of letter in SUPPORT Is hereby
made a part of the record.
Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925. Mr. Pace did not believe the
Southeastern Expressway would serve the purpose for which It Is being
planned. A mass transit system should be established. Mr. Pace spoke In
OPPOSITION to the suggestion of a toll road.
Ferrell Braun, 2608 Highland Drive, Phone: 426-6380. Mr. Braun requested
elimination of the access polnts on PrTncess Anne and Holland Road. There will
be a build-up at these access points. This would cause additional traffic.
Roy Lupton, Landstown Road, registered but WAIVED rlght to speak.
Mary Shearin, 3664 Landstown Road, Phone: 422-3003, registered but left the
Meeting early.
There being no further speakers, Mayor Oberndorf CLOSED the PUBLIC HEARING
1 5
Item I-J.1.
RESOLUTIONS ITEM # 34224
Upon motion by Councllman Heischober, seconded by Councilman Sessoms, City
Council ADOPTED:
Resolution to support the Virginla Department of
Transportatlon's Design proposal; and, the
recommended alignment, BE-10, as depicted on the
City's Master Street and Highway Plan for the
Southeastern Expressway.
This Resolution addresses four (4) Items:
An alignment
A reduction In the road capacity laneage
The access point at Indian River Road
Adequate buffer space being Included.
The City Manager and City Attorney will draft a Resolution for April 2, 1991,
Indicating to VDOT that City Council wishes to be the determining body with
reference to funding options and suggestions regarding aesthetics.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vlce Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McC]anan, Mayor Meyera E. Oberndort, Nancy K. Parker
and Wllliam D. Sessoms, Jr.
Council Members Voting Nay:
None
Councli Members Absent:
None
1
2 RESOLUTION SUPPORTING THE VIRGINIA
3 DEPARTMENT OF TRANSPORTATION'S
4 RECOMMENDATION TO REVISE ITS PLANS
5 FOR THE SOUTHEASTERN EXPRESSWAY
6
7
8 WHEREAS, the Council of the City of Virginia Beach has
9 expressed its continued support for the Southeastern Expressway;
10 WHEREAS, the Council of the City of Virginia Beach has
11 recognized the importance of the Southeastern Expressway as a
12 vital component of the City's roadway network and Master Street
13 and Highway Plan;
14 WHEREAS, on January 23, 1991, the Virginia Department of
15 Transportation requested guidance from the City regarding the
16 design and location of the Southeastern Expressway; and
17 WHEREAS, the Virginia Department of Transportation has
18 recommended revising its plans for the Southeastern Expressway to
19 reduce the roadway proposal's impact on wetlands.
20 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
21 CITY OF VIRGINIA BEACH, VIRGINIA:
22 That City Council hereby supports the Virginia
23 Department of Transportation's proposal to:
24 (a) design the Southeastern Expressway as a four-lane
25 facility, provided adequate buffer space is
26 included to minimize the roadway's impact on
27 abutting land uses;
28
29 (b) design the Southeastern Expressway in a way to
30 reduce the size of the interchanges to further
31 reduce the impact on wetlands; and
32
33 (c) design the Southeastern Expressway without access
34 at Indian River Road.
35
36 BE IT FURTHER RESOLVED:
37 That City Council hereby recommends aligrnnent BE-
38 10, as depicted on the City's Master Street and Highway Plan, as
39 its preferred alignment for the Southeastern Expressway.
40 Adopted by the Council of the City of Virginia Beach,
41 Virginia on this 26 day of March 1991.
42
43 CA-4169
44 SOUTH.RES
45 R-1
- 16 -
Item I-J.2.
RESOLUTIONS ITEM # 34225
Upon motion by Councilman Sessoms, seconded by Councilman Lanteigne, City
Council ADOPTED, AS REVISED:
Resolution establishlng a Public-Use Golf Course
Committee of the City of Virginia Beach, Virginia,
to study means of establishing and flnancing golf
courses In the City for use by the public.
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 ESTABLISHING A
2 COMMITTEE TO STUDY THE ESTABLISHMENT
3 AND FINANCING OF GOLF COURSES FOR
4 PUBLIC USE
5 WHEREAS, the game of golf is enjoyed by millions of
6 persons throughout the United States and the entire world; and
7 WHEREAS, golf is also one of the most popular forms of
8 recreation among the residents of the City of Virginia Beach; and
9 WHEREAS, golf courses promote a unique combination of
10 recreational, aesthetic and scenic values; and
11 WHEREAS, golf courses constitute one of the City's most
12 inportant visitor attractions; and
13 WHEREAS, there is a shortage of public-use golf courses
14 within the City, such that the City's citizens and visitors alike
15 would benefit from a greater number of public-use golf courses;
16 and
17 WHEREAS, there is a need to study appropriate means of
18 establishing and financing golf courses for public use;
19 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
20 CITY OF VIRGINIA BEACH, VIRGINIA:
21 That there is hereby established the Public-Use Golf
22 Course Committee of the City of Virginia Beach, which shall study
23 means of establishing and financing golf courses in the City of
24 Virginia Beach for use by the public. The Committee shall:
25 (1) Consist of nine (9) members, each of whom shall be
26 a resident of the City;
27 (2) Receive no funding, nor shall the members receive
28 any remuneration for their services;
29 (3) Receive such staff support and assistance as may be
30 determined by the City Manager;
31 (4) Be subject to all applicable City ordinances and
32 State laws, including, but not limited to, the Freedom of
33 Information Act and the State and Local Government Conflict of
34 Interests Act; and
35 (5) Present its report to the City Council by no later
36 than December 31, 1991.
37 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF
38 VIRGINIA BEACH, VIRGINIA:
39 That the Committee shall stand dissolved, without
40 further action by the City council, as of December 31, 1991.
41
42 Adopted by the City Council of the City of Virginia
43 Beach on the -26 day of March 1991.
CA-91-4161
\noncode\golf.res
R-2
2
- 17
Item I-K.
CONSENT AGENDA ITEM # 34226
Upon motion by Vice Mayor Fentress, seconded by Councilman Baum, City Council
APPROVED In ONE MOTION Items 1, 2, 3, 4 a.b. and 5 of the CONSENT AGENDA.
Voting: 11-0
Council Members Votlng 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.
McC]anan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Votlng Nay:
None
Council Members Absent:
None
- 18 -
Item I-K-1
CONSENT AGENDA ITEM # 34227
Upon motion by Vice Mayor Fentress, seconded by Councilman Baum, City Council
ADOPTED:
Resolution directlng the Director of Finance to
authorize Crestar Bank to make payment to Bearer
(Crestar Bank) of $5,000 principal amount plus
Interest to date of maturity re General Obligation
Public Improvement Bond, Series of 1978, Bond
number 1644, said bond having been misplaced by
Crestar Bank.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vlce 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 Votlng Nay:
None
Council Members Absent:
None
1 A RESOLUTION TO AUTHORIZE
2 REPLACEMENT OF A LOST BOND
3 WHEREAS, Lynda E. Howell, Vice President of Crestar Bank,
4 has affirmed that the BEARER is the sole legal and beneficial owner
5 of a city of Virginia Beach General Obligation Public Improvement
6 Bond, Series of 1978, CUSIP number 927736WA2, Bond number 1644, at
7 $5,000 denomination, bearing 5.60% annual rate of interest, dated
8 December 1, 1978 and due October 1, 1990;
9 WHEREAS, Lynda E. Howell, vice President, has also
10 affirmed that the said security has been lost within the bank; and
11 WHEREAS, Lynda E. Howell, Vice President, has complied
12 with all legal provisions to effect replacement or payment of said
13 security by providing appropriate affidavits and indemnities;
14 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
15 OF VIRGINIA BEACH, VIRGINIA that the Director of Finance is
16 directed to authorize Crestar Bank, Paying Agent on said bond
17 issue, to make payment to Bearer at Crestar Bank, Attention:
18 Collection Department, Post Office Box 21272, Richmond, Virginia
19 23261, of Five Thousand Dollars ($5,000) principal amount plus
20 interest to date of maturity on said bond.
21 Adopted by the Council of the City of Virginia Beach,
22 Virginia, on the 26 day of March 1991.
23 CA-91-4145
24 RES\NONCODE\Crestar.FRM
25 R3
EXHIBIT B
AFFIDAVIT OF LOSS
STATE OF Virginia
ss.
COUNTY OF He=ico
The undersigned (hereinafter called "Deponent"), being duly sworn, deposes and says that:
(1) Deponent is an adult whose mailing address is
Crestar Bank
Attn: Collection Department
Post Qffice Box 2.1@"72,,, @-cbmonl V' rA!h n
and is the owner of or is acting in a represent juciary caO.,;,@y @eippc 4P@ertain securities (describe
type of security, identification number, and nL!Mber of shares or face value):
City of Virginia Beach, Virginia, General Obligation Public Improvement Bond,
Series of 1978, Dated: December 1, 1978 Due: October 1, 1990, Cusip #927736WA2
in the amount of $5,000.00
issued by
City of Virginia Beach
(hereinafter called the "Issuing Corporation") and registered in the name of:
BEARER
(2) Deponent further says that the aforesaid security or securities (hereinafter called the "Original",
whether one or more) have been lost, stolen, destroyed or misplaced under the following circumstances:
S@ity was sent incorrectly to Credit Card Division. credit card mailrocin received
and signed for s@ity; custaner service area signed for @il fran nuilroom; security
was forwarded to credit card collections area; there is no record of receipt by
collections area.
(3) That said Original (was not) endorsed. (If endorsed, describe form of endorsementand state whether
signature was guaranteed.)
(4) Deponent has made or caused to be made diligent search for Original, and has been unable to find
or recover same, and that Deponent was the unconditional owner of Original at the time of loss, and is entitied to the
full and exclusive possession thereof; that neither the Original nor the rights of Deponent therein have, in whole or in
part, been assigned, transferred, hypothecated, pledged or otherwise disposed of, in any manner whatsoever, and that
no person, firm or corporation other than Deponent has any right, title, claim, equity or interest in, to, or respecting
Original or the proceeds thereof, except as may be set forth in Statement (5) following.
(5) (If Deponent's inte,est in the Original is in a representative or fiduciary capacity, indicate below the
designation of such capacity, i.e., Administrato,, Executor, etc., and the title of the estate, as follows)
Deponent is of the estate of
(Specify names of any other persons having an interest in the Original. List them below and indicate the
nature of their interest, such as heir, legatee, etc.)
NAME INTEREST
(Each heir, legatee, etc., having an interest in the Original must execute Agreement of Indemnity, Exhibit "C".)
(6) Deponent makes this affidavit for the purpose of requesting and inducing the Issuing Corporation and
its agents to issue new securities in substitution for the Original and Seaboard Surety Company to assume liability in
respect the,eof under its lnclemnity Bond.
@7) Deponent agrees that if said Original should ever come into Deponent's hands, custody or power,
Deponent will immediately and without consideration surrender Original to Issuing Corporation, its transfer agents,
subscription agents, trustees or Seaboard Surety Company for cancellation.
(8) Signed, sealed and dated: JanuarV 15 19 91
Sworn to and subscribed before me
this day of
1 9
Vice President
NOTARY PUBLIC Crestar Baxik
(Affix Notarial Seal)
My Commission expires:
Sworn to and subscribed before me
th is day of
19-
Signature of Deponent
NOTARY PUBLIC
(Affix Notarial Seal)
My Commission expires:
F-899 Rev. 10/66
Crestar Bank
po. Box 26665
Richmond, Virginia 23261-6665
(804) 782-5000
February 11, 199.
Mr. Giles G. Dodd
Financial Director
Municipal Center
Virginia Beach, Virginia 23456
Re: Lost municipal Bond(s)
Dear Mr. Giles:
We enclose one copy of the Sole obligor Bonds executed by
Seaboard Surety company with supporting papers, concerning the
replacement or payment in lieu of presentation of the following
issue:
$5,000-00 CitY Of virginia Beach, Virginia General
obligation Public Iinprovement Bond, series of 1978,
Dated: December 1, 1978, Due: october 1, 1990, CusiP
Number: 927736WA2, Bearer Bond Number 1644.
We would greatly appreciate receiving approval to issue a
replacement certificate or disburse payment.,
Thank you for your cooperation i@t@is' matter, if you have any
questions, plea,7 contact our office at (804) 782-7302.
s
(G
Relations
corporate Trust
APPROVED BY: Date:
Enclosures
SOLE OBLIGOR BOND
WIT11 UNLIMITED LIABILITY
KNO W ALL MEN B Y THESE PRESENTS, THA T
SEABOARD SURETY COMPANY a corporation organized and existing under and by virtue of the laws of the Stale
of New York and duly authorized to transact the business of indemnity and suretyship in the States of New York and
all States in the United States of A inerica, and having an office and principal place of business in New York State at
88 Pine Street, New York, New York as Obligor (hereinafter called "Obligor"), is held firmly bound unto
City of Virginia Beach, Virginia
Crestar Bank
individually and/or as Trustee, Dep@itary, Fiscal, Paying or Diibursing Agent, Registrar and/or Transfer A@.ent, and unto
any other Trusi@, Depositaries, Fiscal, Paying or Disbursing Agents or Agencies, Registmrs and/or Transfer Agents now
or hereafter @@ted with any powers or duties with respect to the @urity or securities hereinafter mentioned, their r@pective
legal rep@ntativ@, successors and amigns (hereinafter collecti@ely called "Obligees"), in an aggregate sum, la,,ful money
of the United Stat@ of America, sufficient to indemnify the Obligees under the conditions of this bond as hereinafter set forth,
but not exceeding the maximum amount for which Obligor may obligate itself on the date of this bond in r@pect of any one
risk or hazard under any law governing the validity or performance of t@s bond, said sum to be paid to Obligees, their respec,
tive legal representatives, succe&,ors or assigns, as interest may appear; for w@ch payment well and truly to be made Obligor
binds it. legal repre@ntatives, succmors and assi@,ns, jointly a@id @verally, firmly by these presents.
SEALED with our seals and exec.ted in Three coute,parts, as of the 28th
day of January I 19 91
WHEREAS, Obligor represeiits to the Oblige@ that Bearer
is the unqualified owner of
$5,000. City of Virginia Beach, Virginia Ceneral Obligation Public Improvement
Bond, Series of 1978, Dated December 1. 1978, Due October 1, 1990 Cusip #927736,@IA2
Bearer Bond , Bond Number 1644
(such security or securities being hereinafter called "original" or "originals@'), and that the same h@/have been mislaid, lost,
stolen or @troyed and cannot be fouiid or produced, by virtue of w@ch Obligor has requested Obligees to issue and deliver
a new or duplicate instmment or instm.ents (hereinafter sometim@ called "duplicate" or "duplicates"), or to pay the
amount due on said original or originals without surrender or presentation thereof for cancellatioil or stamping or for any
othe.r purpose; and
WHEREAS, on the faith of the foregoing representations and in consideration of this bond of indemnity, Obhgees
have complied or have agr@d to comply @ith said requwts;
NOW, THEFEFORE, THE CONDITIONS OF THIS OBLIGATION ARE, that if Obligor, its legal reprewnta-
tives, successors or assigns or any of them, shall in case the original or originals be found or come into the hands, custody
or power of any of them, or into the hands, custody or power of any person, deliver or cauw the same to be delivered unto
Oblig@ in order to be cancelled, and shall also at all times defend, indemnify and save hamless Obligees from and against
any and all claims, actions and suits, whether groundim or otherwise, and from and against any and all liabilities, losses,
damages, costs, charges, counsel fees and other expeases of every nature and character by reason of the original or original&
and/or the iwuance of a duplicate or duplicates in lieu thereof or in lieu of any instrument or instruments of purported like
imue and amount which because of alteration, change or counterfeit may not be identified as or as not the said mislaid, lost,
stol. or destroyed original or originals, or the making of any payment, credit, transfer, registration, conversion, exchange
or delivery in respect of the original or originals without surrender thereof and/or in respect of the duplicate or duplicates,
whether or not caused by, based upon or arising out of the honoring or refusing to honor the original or originals when
p nted by anyone, -d er or not caused by, based upon, or arising out of inadvercen@, accident, overaight or
rese o@ or wh
neglect on the part of Ige., @ny of them, or their respective officers, agents, clerks, or employees and/or omission or
fiilure to inq.uire into, contest or litigate the right of any applicant to receive any payment, credit, transfer, registration, con,
version, exchange, issue or delivery in respect of the original or originals and,/or the duplicate or duplicates issued in lieu
thereof, and/or caused by, based upon or arising out of the release of any security or the satisfaction of any instrument or
instruments under which the original or originals and/or duplicate or duplicates are issued or secured, and/or caused by, based
upon or ansing out of any other matter or thing what@e,er, then this Obligation shall be void; otherwise shall remain in full
force and effect.
Obligor further agrees that if the mislaid, lost, stolen or destroyed original or originals be found or come into the
hands, custody or power of any person or into the hands, custody or power of the Obligces or any of tbem for any purpose
other than cancellation without reissue, Obligor will forthwith on demand obtain and deliver to the Obligees either such
original or originals or such duphcate or duplicates or wdl pay to the Obligees a sum of money sufficient to enable the
Obligees to purchase in the open market securities of the same issue and amount as the original or originals in form consti,
tuting good delivery under the rules of the New York Stock Exchan@.e.
In case of any default under the conditions of this bond, Obligor waives and releases any and all right or claim
against Oblige@, or any of them, whether by way of subrogation or othemise, for any loss, expenw or liability incurred by
Obligor caused by, based upon, or @ng out of the enforcement of this bond by the Obligees or by any of them. No 'm
accuracy in the description of the securities hemin referred to as original or originals shall alter, mc>dify or affect the obfigation
of Obligor hereunder.
@ bond shall be deemed to be a New York contract and shall be governed as to all matters whatsoever, whether
of validity, interpretation, obligation, performance or otherwise, exclusively by the laws of the State of New York, and all
questio- arising with respect thereto shall be detennined in accordance with such laws. Regardless of where actually delivered,
this bond shall be deemed to have been accepted by the Obligees in the State of New York. 'Ms bond shall be deeined a
continuing obligation and successive recoveri@ may be had hereunder from time to time as the Obligees or any of them become
entitled thereto in accordance with the terms hereof.
And Obligor hereby further agrees to furnish Oblige@, without any expense to Obligees, a new Bond of Indemnity,
which may differ from this Bond in amount or in any other respect, with satisfactory surety or sureties in case this obligation
should not at any time for any reagon in the opinion of Obligees afford sufficient protection.
SEABOARD SURETY OOMPANY
OBLIGOR
(Se,st of Obligor)
BOND # 904188-85 By ......... ............... ......... . . .... ......... .... . .... .. ..... . .............. ......................... . .............. .... . .
ATTORNEY,IK,FACT
Peter @l. Quinn
Certified Copy SEABOARD SURETY CONEPANY LLLL 0413
No. 1 0 7 4 2 ADMINISTRATIVE OFFICES, BEDMINSTER, NEW JERSEY
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That SEABOARD SURETY COMPANY, a corporation of the State of New York, has
made, constituted and appointed and by these presents does make, constitute and appoint Peter M. Quinn
of Richmond, Virginia
itstrueand lawful Attorney-in-Fact, to make, executeand deliveron itsbehalf insurancepolicies,surety bonds, undertakingsand
other Instruments of similar nature as follows: Without Limitations
Such insurance policies, surety bonds, undertakings and instruments for said purposes, when duly executed by the aforesaid
Attorney-in-Fact, shall be binding upon the said Company as fully and to the same extent as it signed by the duly authorized
officers of the Company and sealed with its corporate seal; and all the acts of said Attorney-in-Fact, pursuant to the authority
hereby given, are hereby ratified and confirmed.
This appointment is made pursuant to the following By-Laws which were duly adopted by the Board of Directors of the said
Company on December 8th, 1927, with Amendments to and including January 15, 1982 and are still in fulljorce and effect:
ARTICLE VII, SECTION 1:
"Polici.8, bonds, -.gni.a.coo, tipulatio.., co..e.ts of ..rety, undem,iting undetaki.gs and I..tm.e.ts miati.9 theeto.
l@..,a@cep.licie@, bo@d@, ecognizance@, stipul.tions, c.@se@tsots.rety.@d undemriting undertaking.oftheCompa@y,and releas.s,ag,eementsa@d the,
@ritings relating in any @.y Ihe,eto o, t. any claim o, lo@. thereunde,, hall be signed in the n.m. and o@ behalf of the Go.pa@y
(a) bytheChairm.@oftheBoard,thePresident,.Vice-P,esident.(aResidentvi.e-P,esidentandbytheS..,etaryanAssist.ntSecreta,y.aResident
Sec,etary ., a R.sident A@sistant Sec,etary; or (b) by an Attorney-i@-F.ct for th. Company appointed and authorized by the Chairman of the Boa,d, the
Pr.sident o, a Vice-President to Make s..h signat.re; or (c) by such othe, officers or representati@es as the Board may from time to ti@e deter.ine.
Th. seal of the C.@pany shall it ppropriate be affi.ed the,eto by any s.ch office,, Attorney-in-Fact or represe@tati,e."
IN WITNESS WHEREOF, SEABOARD SURETY COMPANY has caused these presents to be signed by one of its Vice-
Presidents, and its corporate seal to be hereunto affixed and duly attested by one of its Assistant Secretaries, this -1.7th..
day of ... . ...... j4Aq4ry .... .......... . 19 --- 9.0
Attest:
(Seal
A.S. t@n r.,., President
STATE OF NEW JERSEY ss.:
COUNTY OF SOMERSET
On this ...... 17@4 ........ .day of ....... .......... ......... ......... 119 ....... beto e per5bnalIV appearta-
Michael B-. Keeg
... .... ... ..... ........ ........... .......... ...... . ..... a Vice-President of SEABOARD SURETY COMPANY,
with whom I am personally acquainted, who, being by me duly sworn, said that he resides in the State of -New .. Jer.s.ey.. ,
that he is a Vice-President of SEABOARD SURETY COMPANY, the corporation described in and which executed the foregoing
instrument 'that he knows the corporate seal of the said Company; that the seal affixed to said instrument is such corporate seal;
that it was so affixed by order of the Board of Directors of said Company; and t reto as Vice-President of
said Compa@by like authority.
NOT,@ U-1@
(Seal) my i,@i-.@4 1991
C E R T I F I C A T E
l,theunde,signedA..isiantSec,eta,y.fSEABOARDSURETYCOMPANYdoherebyce, otAtt.rneyot@hichtheforegoi@gi@
af.ii,tr.ea@dc.rrectcopy.i@infulliorce.@deffectonthedateofthisCertificateandldof.rthe ent@hoexecutedth.saidPowe,of
Attor@ey was .@e of the Office,s uthorized by the Board of Directors to appoi@t an attorney-i@-f as p,ovided in Article VII, Section 1, of the By-La.s of
SEABOARD SURETY COMPANY.
This C.rtificate @ay be sig@ed and sealed by facsi@ile u@der a@d by authority of the following resolutio@ of the Executi@e Committee of the Board of
Di,ect.,s of SEABOARD SURETY COMPANY at . @eeting duly called a@d h.ld o@ the 25th day of March 1970.
"PtESOLVEDi (2) That the uso of a p,inted facsimile of the corporate seal of the Compa@y and of the sig@at.,e of an Assistant Sec,etary o@ any
@.rtific.tion of the co,rec@e.. of a c.py of .@ inst,u@ent a.ecuted by the President or a Vice-Preside@t pursuant to Article VII, Section 1, of the By-L.ws
appointing and authorizing n attorney-in-f..t to sign in the @a.e and on behalf of the Company surety bonds, undem,itirig ndertakings or other
i@stru@.nts describ.d in said Article VII, Sectio@ 1, with like effect as if such seal and such signature had been manually atfixed and ade, hereby i,s
a.thori@ed and approv.d."
IN WITNESS WHEREO ve hereunto set my hand and affixed the corporate seal of the Company to these presents this
day of .... ......... . ........... ....... ,Tanuarv .......... .19.91 ......
............
t Sec,@@.ry
F.,@ 957 (Ft.@ 7/b4)
Fo, verification of the authenticity of this Po@er of Attoriiey you niay call, collect, 201-658-3500 and ask for the Power of Attorney clerk. Please refer to the Power
of Attorney @umber, the above named individual(s) a@d de(aits of the bond to which the power is attached. In Ne@ York, Dial 212-627-5444.
SEABOARD SURETY COMPA!IY
ADMINISTRATIVE OFFICES: BEDMINSTER, NEW JERSEY
FINANCIAL STATEMENT-June 30,1990
ASSETS LIABILITIES
-Stocks and Bonds ..................... $194,091,886 Reserve for Unearned Premiums ................. $ 59,791,712
Cash in Office & Banks ................. 4,668,345 Claim Reserve ................................. 60,648,074
Accrued Interest ....................... 3,466,743 Other Reserves ................................ 13,271,524
Outstanding Premiums ................. (8,465,564) Capital Stock ................................. 2,500,000
Accounts Receivable ................... 6,752,254 Surplus ...................................... 60,984,694
Other Assets ......................... 4,682,340
Total Admitted Assets. . ............ $205,196,004 Total Liabilities ............................ $205,196,004
B..d, a.d,t.@k,.,, v.1.@d.. b.@i@.pp,ov@d by N.ti.@.1 A..@i.ti...f 1.@...
S@@,iti.,.r,i@d., $8,355,919 i. th@.b.@@ @r, d@p.@i(,d f.,,he p.,p.@@,,q.i,@d by I-.
STATE OF NEW JERSEY
COUNTY OF SOMERSET ss.:
1, G. F. THOMPSON, President of SEABOARD SURETY COMPANY, do hereby certify that the
foregoing is a full, true and correct copy of the Financial Statement of said Company, as of June 30, 1990.
IN WITNESS WHEREOF, I have signed this statement at New YOrk, New York, this ... .... day of
Januarv.. 19.91
............................................. .........
President
R@i@@d Fr. 151
1 9
Item I-K.2
CONSENT AGENDA ITEM # 34228
Upon motlon by Vice Mayor Fentress, seconded by Councilman Baum, City Council
ADOPTED, upon SECOND READING:
Ordinance to APPROPRIATE $28,250 from the
Commonwealth of Virginia to the Fire Department re
purchase of automatic defibrillators.
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. Oberndort, Nancy K. Parker
and Wllliam D. Sessoms, Jr.
Councl] Members Voting Nay:
None
Council Members Absent:
None
I AN ORDINANCE TO APPROPRIATE $28,250 AND TO
2 TRANSFER $28,250 FOR PURCHASE OF
3 EMERGENCY MEDICAL EQUIPMENT
4
5
6 WHEREAS, the City of Virginia Beach Fire Department has applied for and
7 received a grant in the amount of $28,250 from the Commonwealth of Virginia,
8 Division of Emergency Medical Services for purchase of automatic defibrillators to
9 be used in life saving treatment by fire personnel arriving at an emergency
10 oituation prior to Emergency Medical personnel,
11
12 WHEREAS, the required fifty percent match for this grant can be provided
13 using available funding within the Virginia Beach allocation of Fire Programs Fund
14 monies for FY 90-91.
15
16 NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
17 VIRGINIA, that a grant in the amount of $28,250 from the Cormnonwealth of Virginia
18 be accepted and appropriated to the Fire Department for purchase of automatic
19 defibrillators, and that Revenue from the Commonwealth for FY 90-91 be increased
20 by $28,250.
21
22 BE IT FURTHER ORDAINED that funds in the amount of $28,250 be transferred
23 from the FY 90-91 Fire Programs Fund to provide the necessary fifty percent match
24 for the grant.
25
26 This ordinance shall be effective from the date of its adoption.
27
28 Adopted by the Council of the City of Virginia Beach, Virginia on the 26th
29 day of March, 1991.
30
31 First Reading March 12, 1991
32 Second Reading March 26, 1991
33
34
35 APPROVED AS TO CONTENT
36 Walter C. Kra@mer, Jr. Date
37
APFRr,VT? AS TO
- 20 -
Item I-K.3
CONSENT AGENDA ITEM # 34229
Upon motion by Vlce Mayor Fentress, seconded by Councilman Baum, City Council
APPROVED, upon FIRST READING:
Ordinance to ACCEPT and APPROPRIATE a $5,000 Grant
from the Natlonal Crime Prevention Council to the
Department of Juvenlie Probation re "Teens, Crime
and the Community Program"; and, increase revenue
from the Federal Government for FY 1990-1991 by
$5,000.
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. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
1 AN ORDINANCE TO AP2ROPRIATE A S5,000 GRANT FROM
2 THE NATIONAL CRIME PREVENTION COUNCIL TO
3 THE DEPARTMENT OF JUVENILE PROBATION
4
5
6 WHEREAS, the Department of Juvenile Probation has received a grant in the
7 amount of $5,000 from the National Crime Prevention Council for development of a
8 "Teens, Crime and the Community" program, to be expended prior to July 1, 1991,
9
10 WHEREAS, this grant requires no local match of funds.
11
12 NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
13 VIRGINIA, that a grant in the amount of $5,000 from the National Crime Prevention
14 Council be accepted and appropriated to the Department of Juvenile Probation for
15 the "Teens, Crime and the Community Program," and that Revenue from the Federal
16 government for FY 90-91 be increased by $5,000.
17
18 This ordinance shall be effective from the date of its adoption.
19
20 Adopted by the Council of the City of Virginia Beach, Virginia on the 26th
21 day of March, 1991.
22
23 First Reading March 26, 1991
24 Second Reading
25
26 -
27 APPROVED AS TO CONTEN Budget and Evaluation
28 Walter C. Kraemer@r. Department
29
30
AS '@-0
AN AGREEMENT
BETWEEN
THE NATIONAL CRIME PREVENTION COUNCIL
AND
THE CITY OF VIRGINIA BEACH
1. DURATION AND PREMISES
This contract is for a three-month period commencing April 1, 1991
by and between the National Crime Prevention Council,
hereinafter referred to as "NCPC", and the City of Virginia Beach,
hereinafter referred to as "Contractor", for the program entitled
"Teens In Action in the 90's". The contract may be extended, by
mutual agreement, at NCPC's or the Contractor's request if the
budget period for the project is extended three months or more
from June 30, 1991, by the Office of Juvenile Justice and
Delinquency Prevention, U.S. Department of Justice.
This agreement is concluded as part of a demonstration program
funded by the Office of Juvenile Justice and Delinquency
Prevention, U.S. Department of Justice. The purpose of the
demonstration is to pilot the Teens, Crime and the Community
program into a juvenile court probation site. The effort will
attempt to discover some of the most practical, effective
approaches to establishing the program in juvenile justice
environments.
Two thousand dollars ($2,000) funding for the start-up phase of
the demonstration will be issued upon award and signing of the
contract. The remaining contract funds will be released as
indicated below when the project's workplans and any revised
budgets have been submitted, when program and financial reports
have been submitted in accordance with administrative procedures,
and when workplans have been reviewed and approved by NCPC and the
office of Juvenile Justice and Delinquency Programs, U.S.
Department of Justice.
The key premises of the demonstration are as follows:
o Teens are disproportionately victims of crime - of all
types of crimes and with a diversity of injury that equals
or is more severe than that experienced by other age
groups. Few know this though many are aware that teens
are disproportionately offenders. Something can and must
be done by individuals and as communities to reduce this
unacceptable victimization.
o Teens can contribute substantially to making their schools
and communities better, via a wide range of activities,
such as cross-age teaching about chid safety and drug
prevention, conflict management and mediation, youth
forums, crime prevention clubs, and special observances.
oYouth who have victimized others and who are in the
juvenile justice system can contribute substantially to
making the community safer and better by recognizing the
impact of crime, deciding to change their behavior based
on that understanding and human sensitivity, and
conducting projects and activities which create better
conditions in the community.
2. RESPONSIBILITIES
The principal functions of the contractor under this demonstration
are to:
oServe as local focal point for local activities;
oAdminister local operations;
oParticipate in the National Teens In Action In the 190S
briefing in Miami, Florida;
oConsult with NICEL and NCPC on the action plan at the
beginning of the grant period;
oIntroduce the Teens, Crime, and the Community program -
curriculum and projects - including community service
component to 10 youth for 16 class hours and 12 community
service hours;
oModify the Teens, Crime, and the Community curriculum to
meet the needs of the population;
ocultivate and coordinate local media contacts;
oServe as local point of contact for evaluation efforts;
oReport to NCPC and NICEL on activities and modifications
of the curriculum for final report; and,
oMake recommendations on how the Teens, Crime, and the
Community concept can be implemented in similar
communities.
In return for accepting these conditions, NCPC agrees to:
oProvide a minimum of 40 Teens, Crime, and the Community
texts and companion instructor's guides to Virginia Beach
Juvenile Court Services;
oProvide up to $5,000 to assist in defraying implementation
costs; and,
oProvide technical assistance via NICEL in implementing the
concept.
3. THE CONTRACT CONDITIONS
By accepting the contract award the r.ecipient organization agrees
to the following conditions'.
a. Durinq the start-up phase, a workplan will be submitted
to NC@C and NICEL that specifies a clearly defined
organizational and implementation plan for Teens In
Action in the '90S-
b. The Contractor agrees to submit a workplan as described
and subsequent quarterly program and financial reports
for Teens In Action in the 190s;
c. The Contractor agrees to provide any information and
cooperation needed for the evaluations and assessment of
any activities within Teens In Action in the 190s;
d. All supporting documents, statistical records and all
other records pertinent to the contract shall be retained
by each party participating in this program or project
for at least three years for purposes of federal
examination and audit;
e. This contract shall represent the only contract between
the parties and supplants any predating oral or written
contract;
f. This contract may be modified in writing only after
written agreement by NCPC and the Contractor;
g. The Contractor agrees not to discriminate on the basis of
race, creed, or ethnic origin, and to promote equal
opportunity in performance of work and comply with
Executive order 11246, entitled "Equal Employment
opportunity".
4. LIABILITY
The contractor relieves NCPC of all liability for actions of the
contractor, its agents, or its subcontractors over which NCPC does
not have direct and explicit control.
5. PAYMENT SCHEDULE
Total compensation for this contract will not exceed five thousand
dollars ($5,000). An initial start-up payment will be made of
two thousand dollars ($2,000) upon signature of this contract.
Further payments up to two thousand dollars ($2,000) will be made
upon the receipt an approval of the workplans and timely progress
reports. A final payment of one thous6nd dollars ($1,000) will be
made upon receipt of the final report.
In witness whereof, NCPC and the City of Virginia Beach together
have caused this instrument to be executed in two (2) or"iginals.
National Crime City of Virginia Beach
Prevention Council City Manager's Office
1700 K Street, N.W. Municipal Center
Second Floor Virginia Beach, VA 23456
Washington, D.C. 20006
John A. Calhoun Aubrey Watts
Executive Director City of Virginia Beach
Date Date
Terrence W. Modglin
Director, Youth Programs
Date
- 21 -
Item I-K.4.a.
CONSENT AGENDA ITEM # 34230
Upon motion by Vice Mayor Fentress, seconded by Counci ]man Baum, City Counci I
ADOPTED:
Ordinance appointing viewers in the petition of
Thomas A. Stattord and Anne M. Stafford for the
closure of a portion of Cape Henry Drive (LYNNHAVEN
BOROUGH).
The Viewers are:
David G. Grochmal Director of General Services
C. Oral Lambert, Jr. Director of Public Works
Robert J. Scott Director of Planning
Votlng: 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 APPOINTING VIEWERS
WHEREAS, Thomas A. Stafford and Anne M. Stafford have
given due and proper notice, in accordance with the statuteb for
such cases made and provided that they will on the 26th day of
Marchl991, apply to the City Council of the appointment of
Viewers to view the below-described property and report in
writing to the Council whether, in the opinion of said Viewers
what, if any, inconvenience would result from the discontinuance
of the hereinafter described portion of that certain street, and
has filed such application with said Council.
NOW, THEREFORE, be it ORDAINED by the Council of the City
of Virginia Beach, Virginia:
THAT
David Grochmal -and
C. Oral Lambert, Jr. are hereby
appointed to view the below described property and report in
writing to the Council, as soon as possible, whether in their
opinion what, if any, inconvenience would reBUlt in the
discontinuing and vacating of a portion of those certain Btreets
located in the City of Virginia Beach, Virginia, and more
particularly described as follows:
A portion of Cape Henry Drive more
particularly described as follows;
beginning at a pin where the eastern line
of Lot 35 intersects the southern line of
Cape Henry Drive as shown on the plat
entitled "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 25 feet
to a pin on the southern line of a VEPCO
easement, thence runing along the
southern line of said VEPCO easement N 73
deg 31 min 51 sec E 100 feet to a pin;
thence S 16 deg 28 min 09 sec E 25 feet
to the point of beginning.
Said parcel of land being a portion of Cape Henry Drive,
as shown on that plat entitled "Plat showing a portion of Cape
Henry Drive to be closed by the City Council of Virginia Beach"
said plat being attached hereto and made a part hereof and
intended to be recorded witli the Ordinance closing a portion the
aforedescribed street.
march 26, 1991
ADOPTED:
A E3E'
@m r- F- HENRY DRI.VF-' (uNImpRovED)
-VIRGINIA ELECTRIC 9 POWER CO. RIGHT OF
TIES (ELEC.
owpoRrIoN or CAPE HENRY DRIVE TO BE CLOSED
'31'51"W
34 35 36
LLJ
sueDIvIsioN or
SECTION NO, 5, PART 2
bo LYNtVl4AVEN COi ONY
N ( M.S. 74, P, 7
ZD ZD CWL
I bL /00.00,
N 73'31'51"E 61 .00-
C- AND
PINE ROAD (50')
@LA r 6HO WING No. 955
A PORTION OF
CAPE HENRY DRIVE
TO BE CLOSED
BY THE CITY COUNCIL OF
VIRGINIA BEA CH
L YNNHA VEN BOROUGH VIRGINIA BEACH, VIRGIIVIA
SCALE: I " -JO' FEBRUARY 11, 1991
HARO@ D C. wARRENjR,
LATVD SURVEYOR
3933 INDIAN RIVER ROAD
VIRGINIA 'PEAC14, VIRGINIA 23456
REF: M.B- 74, P. 7 m-S. 7fi4t, P I(.@
ORDINANCE NO.
A portion of Cape Henry Drive more
particularly debcribed as follows;
beginning at a pin where the eastern
line of Lot 35 interects the BOUthern
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
tbe 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 25 feet to a pin on
the soutbern line of a VEPCO easement,
thence runinq along the southern line of
said VEPCO easement N 73 deg 31 min 51
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
bas 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
hereinafter described portion of certain streets discontinued,
closed and vacated; and
WHEREAS, it iB the judgment of the Council tbat said
portion of those certain streets be diBContinued, closed and
vacated;
NOW, THEREFORE,
SECTION I
BE IT ORDAINED by the Council of tbe City of Virginia
Beacb, Virginia, that the hereinafter described streets be
discontinued, closed and vacated:
A portion of Cape Henry Drive more
particularly described as follows;
beginning at a pin where the eastern line
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; tbence 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 said VEPCO easement N 73
deg 31 min 51 seC E 100 feet to a pin;
thence S 16 deg 28 min 09 sec E 25 feet
to tbe point of beginning.
I
Said parcel of land being a portion of Cape Henry Drive.
SECTION II
A certified copy of thib ordinance Bhall be filed in tbe
clerk's office of the Circuit Court of the city of virginia
Beach, indexed in the name of the City of Virginia Beach, aB
grantor.
Adopted:
G-PIli 1489 99 8079
2
WALLACE B. SMITH
ATTORNEY AT LAW
P.O. BOX 6124
VIRGINIA BEACII, VA 23456
TELEMIONE
(01) 490-3101
CERTIFICATE OF VESTING OF TITLE
I, Wallace B. Smith, attorney for Thomas A. Stafford and
Anne M. Stafford, do certify that:
1. I am an attorney at law and represent Thomas A.
Stafford and Anne M. Stafford, the petitioner.
2. if the property described below is discontinued,
closed and vacated by the Council of the City of virginia Beach,
Virginia, then title to said property will vest in Thomas A.
Stafford and Anne M. Stafford, holders of the underlying fee in
said property.
That said property referred to herein is hereby described
as follows;
A portion of Cape Henry Drive more
particularly described as follows;
beginning at a pin where the eastern line
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
25 feet to a pin on the southern line of
a VEPCO easement, thence runing along the
southern line of said VEPCO easement N 73
deg 31 min 51 seC E 100 feet to a pin;
thence S 16 deg 28 min 09 sec E 25 feet
to the point of beginning.
Very truly yours@
Wallace B. Smith
PLEASE TAKE NOTICE, that a at meeting of the City Council
of the City of Virginia Beach, Virginia, to be held on the 26th
day of march, 1991, at 6.00 p.m., at the City Hall of the City of
Virginia Beach, Princess Anne Station, the undersigned will
petition the Council for the appointment of Viewers to view the
below-described portion of the certain street and report to the
city council whether in the opinion of the Viewers, what, if any,
inconvenience would result from the vacating, closing and
discontinuance on same, the said portion of said street being
described as follows:
A portion of Cape Henry Drive more
particularly described as follows;
beginning at a pin where the eastern line
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 Clerkls 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
25 feet to a pin on the southern line of
a VEPCO easement, thence runing along the
southern line of said VEPCO easement N 73
deg 31 min 51 sec E 100 feet to a pin;
thence S 16 deg 28 min 09 seC E 25 feet
to the point of beginning.
That portion of Cape Henry Drive to be vacated as shown
on that plat entitled 'Plat showing a portion of Cape Henry
Drive to be closed by the City Council of Virginia Beach' said
plat being attached hereto and made a part hereof and intended
to be recorded with the ordinance closing a portion the
aforedescribed street.
At that tirne, anyone affected may appear and present his
views.
After the report of the Viewers is received, at the next
regular meeting of the City Council, or as soon thereafter as
the matter may be placed on the agenda, the undersigned will
Petition the City Council to vacate, close and discontinue that
portion of Cape Henry Drive in the city of virginia Beach,
virginia, described above.
Thomas A. Stafford
Anne M. stafford
By:
Of Cour
Wallace B. Smith, Attorney
P.O. Box 6124
virginia Beach, Virginia 23456
(804) 490-3901
A F F T D A
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-Wit:
J, Wallace B. Smith, attorney for Thomas A. Stafford and
Anne m. stafford, being first duly sworn, deposes and sta.tes:
1. Tbat I am an attorney at law and represent Thomas A.
Stafford and Anne M. Stafford.
2. That on the 4th day of March, 1991, and on the llth
day of March, 1991, notice of the presenting of the application
to close a portion of that certain street known as a portion of
Cape Henry Drive on behalf of Thomas A. Stafford and Anne M
Stafford, was published in the Beacon, a newspaper of genera
circulation in the City of Virginia Beach, Virginia.
And further the deponeth saith not.
6i
Wallace B. Smith
Subscribed and sworn to before me this
,,@,@/!day ofr
1991.
Notary Public
My commission expires:
IN THE MATTER OF CLOSIVO, VACATING AND
DISCONTINUING A PORTION OF THAT CERTAIN
STREET, KNOWN AS CAPE HENRY DRIVE, AS
SHOWN ON THAT CERTAIN PLAT ENTITLED
"PLAT SHOWING A PORTION OF CAPE HENRY
DRIVE TO BE CLOSED BY THE CITY COUNCIL
OF VIRGINIA BEACH, LYNNHAVEN BOROUGH,
VIRGINIA BEACHR VIRGINIA' ATTACHED
HERETO.
PETITION
TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA
Your Petitioners, ThomaS A. Stafford and Anne M. Stafford
respectively represent as fOllOWB:
1. That pursuant to the provisions of Section 15.1-364
of the Code of Virginia 1950, as amended, the Petitioners apply
for the vacating, closing and discontinuance of a portion of that
certain street, which are more specifically described as follows:
A portion of Cape Henry Drive more particularly
described as folloWS; beginning at a pin wbere
the eastern line of Lot 35 intersects the soutbern
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 25 feet to a pin on the
southern line of a VEPCO easement, thence runing
along the southern line of said VEPCO easement N
73 deg 31 min 51 sec E 100 feet to a pin; thence S
16 deg 28 min 09 sec E 25 feet to the point of
beginning.
Said parcel of land being a portion of Cape Henry Drive,
as shown on that plat entitled 'Plat showing a portion of Cape
Henry Drive to be closed by the City Council of Virginia Beach"
said plat being attached hereto and made a part hereof and
intended to be recorded with the ordinance closing a portion the
aforedescribed street.
2. That no inconvenience will result to any persons by
reason of said closing, vacation and discontinuance of said
street.
3. That on the 4th day of March, 1991 and on the
llth day of March, 1991, notice of the presenting of this
application was published in the Beacon, a newspaper of general
circulation in the City of Virginia Beach, Virginia.
4. Tbat tbe fee simple owner of all land along and
adjacent to and affected by said portion of the platted streets
are your Petitioners herein.
RespectfullY submitted,
Thomas A. Stafford
Anne M. Staff
By
of Coun
Wallace B. Smith
Attorney at Law
P.O. Box 6124
Virginia Beach, Virginia 23456
(804) 490-3901
CITY OF VIRGINIA BEACII
APPLICATION FOR STREET CLOSURE
FEE: $250.00
Application HQ- 1- Date:r @@ 25, 199@l
Applicant: II-ioms A. & Anne M. Stafforcl
Address: 3128 Sarid Pifie Rd. va. Bch.
Telephone: 804-496-3874
A representative of the applicant must be present at the Public Ilearings
to apprise the Commission and City Council of complete information
concerning the request.
A survey is required to accompany all applications for street closures
which shall be prepared by a survey other person.duly
e State to practice I ecome
na e.
Request for: Str-t Clos-e
Reason for Proposed Closure:to a--date lancl lying beneath sw@ng
pool and apron into lot.
Description of Property: Porti- c)f Cape fienry Drive
Borough: Bayside
I IIEREBY CERTIFY TIIAT IT IS MY INTENTION TO IIAVE TIIE FOLLOWING STREET(S)
CLOSED:
A portion of Cape Henry Drive
Does an official or an employee of the City of Virginia Beach have an
interest in the subject land? Yes - No xx If the answer is yes,
name the official or the employee and naturi o-f interest.
CENT PROPERTY OWNERS:
Hame(s) Address
None
Please attach additional sheet if necessary.
Action of Commission: Granted Denied Date
Action of Council: Granted Denied Date
Planimetric No.
State of Virgi@ni'a AFFIDAVIT
City of Norfolk
This day -- - S-haron White personally
oppeared before me and after being duly sworn made oath that:
(1) (He) (She) is affidavit ierk of @g..i..-Pil /Ld r-STr
a newspaper published by Landmark Communications, Inc., in the cities of Norfolk, Portsmouth,
Chesapeake, SLJffolk and Virginia Beach, State of Virginia;
@2) That the advertisement hereto annexed of
Meeting 3/2 /Cit Council has been published in said
newspaper on t!ie following dates:
3/3---1/ 19
Affiant
Subscribed and sworn to before me in my city and state aforesaid this
13th dy of March 19 @l
My commission expires
W[Y CQM-A,41srl-@i-LI@ APRIL S"@4@ Notary Public
- 22 -
Item I-K-4-b-
CONSENT AGENDA ITEM # 34231
Upon motlon by Vice Mayor Fentress, seconded by Counci Iman Baum, City Counci I
ADOPTED:
Ordinance appointing viewers in the petition of
Gemini Builders, Inc. for the closure of a portion
ot Old Princess Anne Road (KEMPSVILLE BOROUGH).
The Viewers are:
David G. Grochmal Director of General Services
C. Oral Lambert, Jr. Director of Public Works
Robert J. Scott Director of Planning
Voting: 11-0
Council Members Votlng Aye:
John A. Baum, James W. Brazler, Jr., Robert W.
Clyburn, Vlce 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
ORDINANCE APPOINTING VIEWERS
WHEREAS, Gemini Builders, Inc. has given due and proper
notice in accord with law that it would, on the 26th day of
March, 1991, apply to the City Council of the City of Virginia
Beach, Virginia, for the appointment of viewers to view the
hereinafter described portion of old PrinceSS Anne Road in
Kempsville Borough, in the City of Virginia Beach, Virginia,
and to report in writing to this Council whether, in the opinion
of said viewers any, and if any, what inconvenience would result
from the discontinuance, closure and abandonment of said portion
of Old Princess Anne Road; and
WHEREAS, such application has been properly filed with this
Council; and
WHEREAS, all requirements of law have been met;
NOW, THEREFORE, be it ORDAINED by the Council of the City
of Virginia Beabh, Virginia, that @q,,
David Grochmal -and C. Oral Lambert, Jr.
be 6nd each of them is hereby appointed to view that certain
portion of Old.Princess Anne Road described as "Portion of Old
Princess Anne Road to Be Closed and Vacated" on ttiat survey
entitled " Plat Showing Portion of Old Princess Anne Road t o
be Closed and Vacated by the City of Virginia Beach, Virginia,
Kempsville Borough-Virginia Beach, Virginia", and said viewers
shall report in writing to this Council as soon as possible,
whether in their opinion any, and i.f any, what inconvenience
would result to the public from the discontinuance, vacation and
abandonment of said portion of Old Princess Anne Road.
ADOPTED: March 26, 1991
GROVY,'R C. IVRIGIIT, @JR.
@TTII ... @ @.l@ T l-,
DUNHILL Now OR FORMERLY WILLIAMS
DRIVE (50'R/W) VIRGINIA STEWART ,, p 214
(M.B. 32, R 30) E3. 3,, , 17 2) (D- B. 22
B 7 8, p 33 13- 158, P 29
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NOTES:
L MERIDIAN SOURCE; PLAT
SHOWING SURVEY OF BRENNEMAN
NOW OR FORMERI-Y
FARM FOR PEGGY REALTY ASSOCIATES
CORPORATION, (M.B. 44, P I 1) c H ( 6
zo 6
2. AREA OF OLD PRINCESS ANNE ROAD LL (D.B. 2616, P 9 9)
TO BE CLOSED AND VACATED = (D B. 2214 p 816)
13, 550 SQUARE FEET OR 0.311 ACRE.
PLAT SHOWING
PORTION OF OLD PRINCESS ANNE ROAD TO BE CLOSED AND VACATED
BY
THE CITY OF VIRGINIA BEACH, VIRGINIA
KEMPSVILLE BOROUGH-VFRGINIA BEACH, VIRGINIA
SCALE: 1"= 100' OCTOBER 17, 1990
ROUSE-SIRINE ASSOCIATES, LTD.
SURVEYORS - ENGINEERS - PLANNERS
VIRGINIA BEACH, VIRGINIA
CITY OF VIRGINIA BEACH, VIRGINIA
TO (ORDINANCE OF VACATION
GEMINI BUILDERS, INC.
AN ORDINANCE VACATING AND DISCONTINUING
A PORTION OF OLD PRINCESS ANNE ROAD IN KEMPSVILLE
BOROUG Y OF VIRGINIA BEACH, VIRGINIA
WHEREAS, proper notice of the intended application
of the applicant, Gemini Buiiders, Inc., to be presented to
the City Coun,il Of the CitY Of Virginia Beacht Virginia, on
the 26th day of M,,ch , 1991, for the vacation of
the portions of the hereinafter described portion of Old
Princess Anne Road in the City of Virginia Beach, Virginia,
was on the 22nd day of , 1991, and on the
2nd day of March 1991, duly published twice
with six days elapsing between the two publications i.n 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, Section 15.1-364, for the
institution of proceedings for the vacation of a pcrtion of
Old Princess Anne Road; and
WREREAS, said application was made to the City
Council of the City of Virginia Beach, Virginia, on the
26th day of March , 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 26th day of
March 1991, appointed r I
and , as viewers to view such road 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 a report to the City Council
of the City of Virginia Beach, Virginia; and
WHEREAS, from such report and other evidence, and
after notice to the land proprietors affected thereby, along
GPIN: 1476-42-9160
the portion Of old Princess Anne Road
vacated, it is the judgmei-it of the City Council Of the City
of Virginia Beach, Virginia, that these proceedings have
been instituted, conducted and concl,uded in the manner
prescribed by Code of Virginia, Section 15.1-364, that no
inconvenience would result from vacating and discontinuing
the portion of Old Princess Anne Road, and that the portion
of old Princess Anne Road should be vacated and
discontinued;
NOlq, THEREFORE, BE IT ORDAINED by the Council of
the City of Virginia Beach, Virginia:
1. That the following portion of Old Princess
Anne Road, in the Boroiigh of Kempsville, in the City of
Virgini-a Beach, Virginia, be, and the same is hereby vacated
and discontinued:
All those certai-n pieces or parcels of
land, situate, lying and being in Lynnhaven
Borough, in the City of Virginia Beach,
State of Virginia, being that portion of
Old Princess Anne Road designated as
"Portion of Old Princess Anne Road to
Be Closed and Vacated" on that certain
survey entitled "Plat Shotiing Portioll
of Old Princess Anne Road to Be Closed
and Vacated by the City of virginia Beach,
V,irginia, Kempsville Borough - Virginia
Beach, Virginia," prepared by Rouse-Sirine
Associates, Ltd., the subject portion of
Old Princess Anne Road is bounded on the
east by property now owned of record by
Gemini Builders, Ilic., and described as
Parcels 1 and 2 as shown on that certain
plat erititled "SIJRVEY OF PORTION OF PARCEL
DESIGNATED ".11.18 ACRES' AS SHOWN ON
'SURVEY OF BRENNEMAN FARM FOR PEGGY REALTY
CORPORATION' AND PARCEL DESIGNATED '1.110
AC.' AS SIIOWN ON 'PIIYSICAL SURVEY OF
PROPERTY NO'S 4540 and 4544 PRINCESS ANNE RD.'
KEMPSVILLE BOROUGH - VIRGINIA BEACH, VIRGINIA,"
prepared by Rouse-Sirine Associates, Ltd.,
recorded in the Clerk's Office of the Circuit
Court of the City of Virginia Beach, Virginia,
in Map Book 210, at page 25.
2. A certified copy of this ordinance of vacation
shall be recorded as deeds are recox7ded and indexed in the
name of the Citv of Virgi.ni.a Beach, Virginia, as Grantor,
and in the iiame of Gemini Builders, Tric., as Grantee, in the
Clerk's C@fice of the Circiiit Court of the City of Virginia
Beach, Virgiiiia, at t'lie expense of the applicarits.
2
3. This Ordinance shall be effective on the date
of its passage.
Certified to be a true and exact copy of all
ordinance adopted by the City Council of the City of
Virginia Beach, Virginia, at its regular meeting held on the
26th day of m .. h , 1991.
TESTE: RUTH SMITH, CITY CLERK
By
3
C6.jot,,O, M,,,4o@jt-, & W,"
ATTORNEYS AND COUNSELLORS AT LAW 4560 COLUMBUS LOOP. VIRGINIA BEACH. VIRGINIA 23462
TELEPHONE (804) 490-2711
ERNESTC,CONSOLVO
CARL S. MARKOWITZ
WILLIAM T. WEBS, JR. January 24, 1991
C)F LAW
office Of the City Attorney
City of Virginia Beach
Municpal Center
Virginia Beach, virginia 23456
RE: Certificate of Title
DESCRIPTION:
Portion of Old Princess Anne Road to be closed and
vacated as shown on that certain plat dated October
17, 1990, prepared by Rouse-Sirine Associates, Ltd.,
entitled "PLAT SHOWING PORTION OF OLD PRINCESS ANNE
ROAD TO BE CLOSED AND VACATED BY THE CITY OF VIRGINIA
BEACH, VIRGINIA", being all that certain piece or par-
cel of land, situate, lying and being in the City of
Virginia Beach, State of virginia, being the property
known as PARCEL C, 0.467 AC as shown on that certain
plat entitled "PLAT SIIOWING RIGHT OF WAY DEDICATED TO
THE CITY OF VIRGINIA BEACH FROM A. R. CAPT'AN AND ALAN
FLEDER, DEPARTMENT OF COMMUNITY SERVICES, ENGINEERING
DIVISION, CITY OF VIRGI.NIA BEACH", recorded in the
Clerk's office of the Circui-t Court of the City of
Virginia Beach, Virginia in Map Book 104, at Page 44.
IT BEING a part of the property conveyed to the City
of Virginia Beach by Deed of A. R. Caplan and Rose J.
Caplan, husband and wife, and Alan Fleder and Esther
S. Fleder, husband and wife, by Deed of Gift dated
June 20, 1974 and recorded in Deed Book 1431, at Page
201.
Gentlemen:
I certify that I have exantined the recorded title, as
disclosed by the general indices, to the above-described proper-
ty, and find the saitie to be a right of way, the fee simple title
to whicb is presently vested in the City of Virginia Beach, and
which, upon closure of this right of way in compliance with the
laws governing the same, will vest in Gemini Builders, Inc., a
office of Ci.ty Attorney
city of virginia Beach
RE: Certificate of Title
January 24, 1991 -----------
Page Two ----------------------------------------------
virgini.a corpoiation, by virtue of its ownership of the adjacent
property acquired froni C 11 & B Associates by Deed dated January
10, 1991 and recorded in Deed Book 2961, at Page 1853, subject
to the following exceptions:
ITEM 1: Defects, liens, encumbrances, adverse claims
or other matters, if aiiy, creat,2d, first appearing in the public
records or attachirig subsequent to the effective date hereof,
but pri.or to the date tile proposed owner acquires for value of
record the estate or i.nterest covered hereby.
ITEM 2: An easeuient in favor of Virginia Power (for-
merly VEPCO) along 01-d Pri.ricess Anne Road dated October 27, 1974
and recor(led i-n Deed Bool@ 1461, at page 517.
ITEM 3: Judgment fi.led November 9, 1990 in Judgment
Book 77, at Page 986 in the aniount of Sixty Thousand Three Hun-
dre(3 Forty-ttiree and 39/100 Dol.lars ($60,343.39,), plus interest
and costs, in favor of E. S. G. Enterprises against the City of
Vi.rginia Beach, Virgiiiia.
Respectfully subnlitted,
CONSOVLO, MARKOWITZ & WEBB
Wi.Iliaiii T. Webb, Jr.
WTW/pdj
CERT/TTi,.I,TR-BC4
LEGAL DESCRIPTION
All that certain piece or parcel of land, situate,
lying and being in Kempsville Borough, in the City Of
virginia Beach, State of virginia, being that portion Of Old
Princess Anne Road designated as "Portion of Old Princess
Anne Road To Be Closed and Vacated" on that certain survey
entitled "Plat Showing Portion of old Princess Anne Road to
be Closed and Vacated by the City of Virginia Beach,
Virginia, Kempsville Borough - Virginia Beach, Virginia";
the subject portion of old PrinceSs Anne Road is bounded on
the east by property now owned of record by Gemini Builders,
Inc., and dedcribed as Parcel I and Parcel 2 as shown on
that certain survey entitled "SURVEY OF PORTION OF PARCEL
DESIGNATED 1211.18 ACRES' AS SHOWN ON 'SURVEY OF BRENNEMAN
FARM FOR PEGGY REALTY CORPORATION' AND PARCEL DESIGNATED
'1.110 AC' AS SHOWN ON 'PHYSICAL SURVEY OF P@OPERTY NO'S
4540 & 4544 PRINCESS ANNE RD.'@ KEMPSVILLE BOROUGH - VIRGINIA
BEACH, VIRGINIA," recorded in the Clerk's Office of the
Circuit Court of the City of Virginia Beach, Virginia, in
Map Book 210, page 25.
NOTICE
TAKE NOTICE of the intention of Gemini Builders,
Inc., to apply to the City Council of the City of Virginia
Beach, Virginia, at a meeting thereof on Tuesday,March 26,
1991, at 6:00 p.m., in Council Chambers, municipal
Administration Building, PrincesS Anne, Virginia Beach,
Virginia, at which time affected persons may appear and
present their views, for the vacation of a portion of Old
Princess Anne Road, adjoining Parcels I and 2 as shown on
the survey entitled "Survey of Portion of Parcel Designated
1211.18 Acres' as Shown on 'Survey of Brenneman Farm for
Peggy Realty Corporation' and Parcel Designated '1.110 Ac'
as Shown on 'Physical Survey of Property No!s. 4540 & 4544
Princess Anne Road," in Kempsville Borough of the City of
Virginia Beach, Virginia, recorded in Map Book 210, page 25,
in the Virginia Beach Circuit Court CLerk's office.
BUILDERS, INC.
r
ney at
IN Tlll- MATTER OF TliE APPLICATION
OF GEMINI BUILDERS, INC., FOR THE
CLOSURE, VACATION AND DISCON'RINLJAIIICE
OF A PORTION OF OLD PRINCESS ANNE
ROAD IN KEMPSVILLE BOROUGH,
VIRGINIA BEACH, VIRGINIA
PETITION
TO: Tlie City Council of the
City of Virginia Beach/
Virginia Beach, Virgini8l
Your petitioner, the applicant, GEMINI BUILDERS,
INC., who owns Parcels 1 and 2, shown on"Survey of Portion
of 211.18 Acres shown on Survey of Brenneman Farm for Peggy
Realty Corporation and Parcel 1.110 AC. shown on Survey of
Property No's 4540 and 4544 Princess Anne Road, Kempsville
Borough, Virginia Beach, Virginia, which is all of the
property abutting the hereinafter described portion of Old
Princess Anne Road to be closed, hereby applies for the
vacation, closing and discontinuance of that portion of Old
Princess Anne Road adjacent to my said property designated
as "Portion of Old Princess Anne Road To Be Closed and
\'acated." on that certain survey made by Rouse-Sirine
Associates, Ltd., Surveyors, Engineers, Planners, &,.ited
October 17, 1990, entitled "Plat Showing Portion of old
Princess Anne Road to be Closed and Vacated by The city of
Virginia Beach, Virginia, Kempsville Borough - Virginia
Beach, Virginia."
Your petitioner and applicant alleges that no
inconvenience will result to the public by reason of said
closure and asks that Council appoint viewers as prov.1ded by
law to view the said portion of Old Princess Anne Road
sought to be closed and report in writing to the Council as
to whether in the opinioxi of the viewers what inconvenience,
if any, would result from the discontinuance and closure as
herein sought, at which time the petitioner will ask for
passage of an ordinance vacating the portion of old Princess
Anne Road sought to be closed herein.
On Febru 1991, and on March 2
1991, notice of intention to apply for such vacation to the
Council was published as required by law in the VIRGINIAN-
PILOT, a newspaper published or generally circulated in
Virginia Beach, Virginia.
Respectful.ly submitted,
GEMINI BUILDERS, INC.
By
Thoma
Vice President
AFFIDAVIT
STATE OF VIRGINIA,
CITY OF VIRGINIA BEACH, tO-Wit:
I, Grover C. Wright, Jr., Attorney for Gemini
BUilders, Inc., being first duly sworn, depose and state:
1. That I am an attorney at Law and represent
Gemini BUilders, Inc.
2. That on February 7 1991, I requested
THE VIRGINIAN-PILOT, a newspaper having a general
circulation in the City of Virginia Beach, Virginia, to
publish on ebruary 22 , 1991, and March 2 , 1991,
notice of the presenting of the application to close a
portion of 01 d Princess Anne Road, Kempsville Borough,
Virginia Beach, Virginia.
And further th
wrig
Subscribed and sworn to before me
of February 1991.
Dorothy/,R. Swahson
Notary/'Public
my commission expires May 31, 1993.
GIROVER C. WRIGIIT. JR.
ATTORNEY AND COUNSI@LLOR AT 1,AW, P C
.@ITH BLAI!l@'I.Wi@R BU@@D@'c@
VIRGINIA DP@ACII, VIRC@INIA 2',3451
PO.T OFNCE DO- 5-
T.LEPI.ON. fBO4) @28 -.14@ March 7, 1991 EAC., V-. 23458
TEL.COP.ER (80.) 4.5 - 8@'@
Mr. William Bunch
Assistant City Attorney
Municipal Center
Va. Beach, VA 23456.
Dear Bill:
atreet glot@re-
Re: emini ul ers.
Enclosed is the affidavit of publication in the Virginian-
Pilot/Ledger Star on 2/22 and 3/2.
Yours truly,
Grover C. Wright, Jr.
GCWJR:DRS
Encl.
DEPT. OF LANV-
3juie 01 viiyiiiiu to-@it@ AttIL)AVii
City of Norfolk personally
This day - Sharon White
appeared before me and f,., b.,.g duly @--l-I .d. .th Iht
(1) (He) (she) is ffidavit Ierk of
,, newspaper publi,hed by Landmark
Chesapeake, Suffolk cnd Virginia Beach, State of Virginia;
@2) That the advertisement hereto annexed of
Gei.i Builde has been published in sclid
newspaper on t!ie following dates: 19
A iont
Subscribed and sworn to before me in my city cMnd. sc"@7 said this
5th day of ch 19 9-1
com issiR@AX?J
19
- 23 -
Item I-K-5-
CONSENT AGENDA ITEM # 34232
Upon motlon by Vlce Mayor Fentress, seconded by Councilman Baum, City Council
APPROYED:
CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY:
Alplne Limouslnes
Fortune 500 Limousines, Ltd.
Voting: 11-0
Council Members Voting Aye:
John A. Saum, 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
24 -
item
PUBLIC HEARING ITEM # 34233
PLANNING
mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on:
PLANNING
(a) C & T PROPERTIES, INC. CONVERSION OF NONCONFORMING USE
(b) JOHN M. BAILLO AND CONDITIONAL USE PERMIT
MICHAEL J. MILES
(c) MELVIN HELMICK VARIANCE
(d) RICKIE L. MACHLETTE CHANGE OF ZONING
ROBERT L. WHITEHORNE
(e) INDIAN RIVER PLANTATION, INC. CHANGE OF ZONING AND
CONDITIONAL USE PERMIT
(f) LAKE RIDGE ASSOCIATES CONDITIONAL ZONING CLASSIFICATIONS
- 25 -
Item I-L.l-
PUBLIC HEARING ITEM # 34234
PLANNING
The followlng registered In OPPOSITION to the authorization for conversion of
a nonconforming use but WAIVED right to speak:
Kenneth W. Little, 3712 West Stratford Road, Phone: 460-2066
Irene Sutton, 284 River Road, Phone: 481-7401
Shiley Radcliffe, 3733 Surry Road, Phone: 464-2402
Judith Connors, 39858 Whispering Oaks Place, Phone: 464-3640
Upon motion by Councilman Jones, seconded by Councllman Heischober, City
Council ADOPTED:
Resolutlon Denying Authorization for the conversion
of a Nonconforming Use by C & T Properties, Inc.,
3700 West Stratford Road, Borough of Bayside.
Application of C & T Properties for the Conversion
of a Nonconformlng Use on property located at 3700
West Stratford Road. The parcel contains 12,980.88
square feet. More detailed Information Is avallable
in the Department of Planning. 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. Oberndort, Nancy K.
Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
APPgOVgD CONTENTS
---fKGNA'rURE
DEPARTMENT
APPROVED AS TO LEIGAL
I
1 .7@//
CifY ALTO@
A RESOLUTION DENYING AUTHORIZATION FOR THE
2 CONVERSION OF A NONCONFORMING USE By C & T
3 PROPERTIES, INC., 3700 WEST STRATFORD ROAD,
4 BOROUGH OF BAYSIDE
5 WHEREAS, C & T Properties, Inc. desires to convert a
6 nonconforming use, consisting of a vacant marine repair facility
7 located at 3700 West Stratford Road, in the Borough of Bayside, to
8 an automobile repair garage, and
9 WHEREAS, the aforesaid property is located within the
10 R-5R Residential Resort Zoning District, in which automobile
11 repair garages are not permitted principal or conditional uses; and
12 WHEREAS, the operation of a marine repair facility at the
13 aforesaid location may be recommenced at any time within two years
14 from the date of its discontinuance, thereby retaining its lawful
15 nonconforming status; and
16 WHEREAS, the conversion of a nonconforming use to another
17 use which does not conform to the use regulations of the zoning
18 district in which it is located is permitted only upon a finding
19 by the City council that the proposed use is equally appropriate
20 or more appropriate than the existing nonconforming use;
21 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
22 OF VIRGINIA BEACH, VIRGINIA:
23 That the City Council does hereby find that the proposed
24 automobile repair garage is not equally appropriate or more
25 appropriate than the existing marine repair facility.
26 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF
27 VIRGINIA BEACH, VIRGINIA:
28 That authorization to convert the existing nonconforming
29 use to an automobile repair garage be, and hereby is, denied.
3 0 Adopted by the Council of the City of Virginia Beach,
31 Virginia, on the 26 day of ma@@h , 1991'
32 CA-91-4168
33 \ordin\noncode\C&T.res
34 R-1
2
- 26 -
Item I-L.l.b.
PUBLIC HEARING ITEM # 34235
PLANNING
John M. Ballio, the applicant, represented himself
Upon motion by Councilman Brazier, seconded by Councilman Sessoms, City Council
ADOPTED an Ordinance upon applicatlon of JOHN M. BAILLIO and MICHAEL J. MILES
for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF JOHN M. BAILLIO and
MICHAEL J. MILES FOR A CONDITIONAL USE PERMIT FOR A
LANDFILL R03911359
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon appl*ication of John M. Baillio and
Michael J. Miles for a landfill on certain property
located on the east side of Oceana Boulevard, 1000
feet south of Southern Boulevard. The parcel
contains 70 acres. LYNNHAVEN BOROUGH.
The following conditions shall be required:
1. A permit from the Virginia Water Control Board Is
requlred to discharge any water from dewatering
Into a state waterway.
2. At the time of detailed site plan review, wrltten
verification from the Army Corps of Englneers
stating whether or not a permit Is required, and If
so, that It has been granted wlll be required.
3. All conditions proffered by the applicant on the
submitted site plan should be applicable.
This Ordinance shall be effective in accordance with Section 107 (f) of the
Zoning Ordlnance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-
sixth day of March, Nineteen Hundred and Ninety-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
- 27 -
item I-L.1-c-
PUBLIC HEARING ITEM # 34236
PLANNING
Attorney R. J. Nutter I 1, 4425 Corporation Lane, Phone: 671-6000, represented
the applicant
Upon motion by Vice Mayor Fentress, seconded by Councilman Jones, City Council
APPROYED the application of MELVIN HELMICK for Variance to Section 4.4(b) of
the Subdivision Ordinance whlch requlres all lots created by subdlvision meet
all requirements of the City Zoning Ordinance.
Appeal from Declsions of Administrative Officers in
regard to certain elements of the Subdivision for
Melvin Helmick. Property is located at the
northwest Intersection of Holly Road and 35th
Street. VIRGINIA BEACH BOROUGH.
Votlng: 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
- 28 -
Item I-L.l.d.
PUBLIC HEARING ITEM # 34237
PLANNING
The letter of March 25, 1991 from Attorney Jack E. Ferrebee requesting
WITHDRAWAL is hereby made a part of the record.
Jack Ferrebee, 2877 Guardian Lane, Phone: 463-2460, represented the applicant
LCDR Mark Terell, NAS Oceana, U.S. Navy, Phone: 433-2408, registeed in
OPPOSITION but was not In OPPOSITION to the WITHDRAWAL.
Upon motion by Councilman Brazier, seconded by Councilman Sessoms, City Council
ALLOWED WITHDRAWAL of an Ordinance upon application of RICKIE L. MACHLETTE and
ROBERT L. WHITEHORNE for a Change of Zoning District Classification from R-10
to A-18.
ORDINANCE UPON APPLICATION OF RICKIE L. MACHLETTE
AND ROBERT L. WHITEHORNE FOR A CHANGE OF ZONING
DISTRICT CLASSIFICATION FROM R-10 TO A-18
Ordinance upon application of Rickle L. Machlette
and Robert L. Whitehorne for a Change of Zonlng
District Classification from R-10 Residential
District to A-18 Apartment District on certaln
property located at the southeast corner of South
Birdneck Road and Brooklyn Avenue. The proposed
zoning classification change Is for multi-family
I and use at a dens I ty no greater than 1 8 dwe I I I ng
units per acre. The Comprehensive Plan recommends
use of this parcel for agricultural use but may be
acceptable for future industrial use If in keeping
with the City's AICUZ policy. The parcel contains
2.070 acres. LYNNHAVEN BOROUGH.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazler, Jr., Robert W.
Clyburn, Vlce Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba
S. McC[anan, Mayor Meyera E. Oberndorf, Nancy K.
Parker and William D. Sessoms, Jr.
Councll Members Voting Nay:
None
Council Members Absent:
None
THIS ITEM WAS BROUGHT FORWARD ON THE AGENDA TO THE BEGINNING OF THE PLANNING
ITEMS.
- 29 -
Item I-L.I.e.
PUBLIC HEARING ITEM # 34238
PLANNING
Tuck Bowie, 1709 Oxen Court, Phone: 481-2741, represented the applicant and
requested DEFERRAL
The following registered In OPPOSITION and requested the DEFERRAL be SCHEDULED
for an evening Council Session:
Charles Traub 111, 784 Glasgow Court, Phone: 340-0956
Robert Dean, 1204 Shawn Drive, Phone: 427-6606
Rae H. LeSesne, 5325 Thornburg Lane, Phone: 497-8008
Beth Lang, 1204 Shawn Drive, Phone: 427-6606
Chris Solanic, 4727 Eldon Court, Phone: 456-0214
Stuart Gordon, 2953 Virginia Beach Boulevard, Phone: 340-7975
Upon motion by Councilwoman McCianan, seconded by Councllman Sessoms, City
Council DEFERRED until the City Council Session of April 9, 1991, Ordinances
upon application of INDIAN RIVER PLANTATION, INC. for Conditional Zoning
Classifications and a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF INDIAN RIVER
PLANTATION, INC. FOR A CONDITIONAL ZONING
CLASSIFICATION FROM AG-1 TO R-10
Ordinance upon application of Indian River
Plantation, Inc. for a Condltional Zoning
Classlflcation from AG-1 Agricultural Dlstrict to
R-10 Resldential District on the following
parcels:
Parcel 1: Located 720 feet more or less north of
Indian River Road beginning at a polnt 5600 feet
more or less west of West Neck Road.
Parcel 2: Located 700 feet more or less north of
Indlan River Road beginning at a point 4200 feet
more or less west of West Neck Road.
Parcel 3: Located 640 feet more or less north of
Indian River Road beginning at a point 3040 feet
more or less west of West Neck Road.
Parcel 4: Located 840 feet more or less north of
Indian River Road beginning at a point 640 feet
more or less west of West Neck Road.
Said parcels contain 56.1 acres. More detailed
information Is available in the Department of
Planning. PRINCESS ANNE BOROUGH.
A N D,
ORDINANCE UPON APPLICATION OF INDIAN RIVER
PLANTATION, INC. FOR A CONDITIONAL ZONING
CLASSIFICATION FROM AG-1 TO R-15
Ordinance upon application of Indian Rlver
Plantation, Inc. for a Conditional Zoning
Classification from AG-1 Agricultural District to
R-15 Residential District on the following parcels:
Parcel 1 : Located 660 feet more or less north of
Indian River Road beginning at a point 740 feet
more or less west of West Neck Road.
Parcel 2: Located 1360 feet more or less north of
Indian River Road beginning at a point 3850 feet
more or less west of West Neck Road.
Parcel 3: Located 1920 feet more or less north of
Indian River Road beginning at a point 5540 feet
more or less west of West Neck Road.
Said parcels contains 82.1 acres. More detailed
information is available In the Department of
Planning. PRINCESS ANNE BOROUGH.
- 30 -
item I-L.I.e.
PUBLIC HEARING ITEM # 34238 (Continued)
PLANNING
A N D, ORDINANCE UPON APPLICATION OF INDIAN RIVER
PLANTATION, INC. FOR A CONDITIONAL ZONING
CLASSIFICATION FROM AG-1 TO R-20
Ordinance upon application of Indian River
Plantation, Inc. for a Change of Zoning District
Classification from AG-1 Agricultural District to
R-20 Residential District on the following parcels:
Parcel 1: Located 700 feet more or less north of
Indian River Road beginnlng at a point 1140 feet
more or less west of West Neck Road.
Parcel 2: Located 1200 feet more or less north of
Indian River Road beginning at a point 900 feet
more or less west of West Neck Road.
Parcel 3: Located 4000 feet more or less north of
Indian River Road beginning at a point 700 feet
more or less west of West Neck Road.
Parcel 4: Located 1900 feet more or less north of
Indian River Road beginning at a point 4800 feet
more or less west of Wast Neck Road.
Parcel 5: Located 2300 feet more or less north of
Indian River Road beginnlng at a point 3650 feet
more or less west of West Neck Road.
Parcel 6: Located 1400 feet more or less north of
Indian River Road beginning at a point 3700 feet
more or less west of West Neck Road.
Said parcel contains 101.9 acres. More detailed
Information Is available in the Department of
Planning. PRINCESS ANNE BOROUGH.
A N D,
ORDINANCE UPON APPLICATION OF INDIAN RIVER
PLANTATION, INC. FOR A CONDITIONAL ZONING
CLASSIFICATION FROM AG-2 TO R-10
Ordinance upon application of Indian River
Plantation, Inc. for a Change of Zoning District
Classification from AG-2 Agrlcultural District to
R-10 Residential District on the following parcels:
Parcel 1: Located on the north side of Indian River
Road beginning at a point 5800 feet more or less
west of West Neck Road.
Parcel 2: Located on the north side of Indian River
Road begfnnlng at a point 5200 feet more or less
west of West Neck Road.
Parcel 3: Located on the north side of Indian River
Road beginning at a point 2920 feet more or less
west of West Neck Road.
Parcel 4: Located on the west side of West Neck
Road beginning at a point 800 feet more or less
north of Indian River Road.
Parcel 5: Located 2940 feet northwest of the
Intersection ot Indian River Road and West Neck
Road.
Said parcels contains 52.9 acres. More detailed
Information Is available in the Department of
Planning. PRINCESS ANNE BOROUGH.
31 -
Item I-L.l.e.
PUBLIC HEARING ITEM 34238 (Continued)
PLANNING
A N D,
ORDINANCE UPON APPLICATION OF INDIAN RIVER
PLANTATION, INC. FOR A CONDITIONAL ZONING
CLASSIFICATION FROM AG-2 TO R-15
Ordinance upon application of Indian River
Plantation, Inc. for a Conditional Zoning
Classification from AG-2 Agricultural District to
R-15 Residential District on the following parcels.
Parcel 1: Located on the west side of West Neck
Road beginning at a point 4440 feet more or less
north of Indian River Road.
Parcel 2: Located 300 feet more or less north of
Indian River Road beginning at a point 640 feet
more or less west of West Neck Road.
Said parcels contains 22.8 acres. More detailed
information Is available In the Department of
Plannlng. PRINCESS ANNE BOROUGH.
A N D,
ORDINANCE UPON APPLICATION OF INDIAN RIVER
PLANTATION, INC. FOR A CONDITIONAL ZONING
CLASSIFICATION FROM AG-2 TO R-20
Ordinance upon application of Indian River
Plantation, Inc., for a Conditional Zonlng
Classification from AG-2 Agricultural District to
R-20 Residential Distrlct on the following parcels:
Parcel 1 : Located 700 feet more or less north of
Indian River Road beginning at a point 1140 teet
more or less west of West Neck Road.
Parcel 2: Located 3340 feet more or less north of
Indian River Road beginning at a polnt 1800 feet
more or less west of West Neck Road.
Parcel 3: Located 3480 feet more or less north of
Indian River Road beginning at a point 240 feet
more or less west of West Neck Road.
Said parcels contain 14.6 acres. More detailed
Information is available In the Department of
Planning. PRINCESS ANNE BOROUGH.
A N D,
ORDINANCE UPON APPLICATION OF INDIAN RIVER
PLANTATION, INC. FOR A CONDITIONAL USE PERMIT FOR A
RECREATIONAL FACILITY FOR AN OUTDOOR NATURE (GOLF
COURSE)
Ordinance upon application ot Indian River
Plantation, Inc. for a Conditional Use Permit for a
recreational facility of an outdoor nature (golf
course) on certain parcels located at the northwest
Intersection of Indian River Road and West Neck
Road. Said parcels contain 203.6 acres. More
detailed lnformatlon Is available in the Department
of Planning. PRINCESS ANNE BOROUGH.
- 32 -
Item I-L.l.e.
PUBLIC HEARING ITEM # 34238 (Continued)
PLANNING
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
- 33 -
Item I-L.l.f.
PUBLIC HEARING ITEM # 34239
PLANNING
The Honorable Glenn R. Croshaw, represented the applicant and requested
DEFERRAL
The following registered in OPPOSITION and requested the DEF M AL be SCHEDULED
for an evening Council Session:
H. L. Gordner, 1928 Weybridge Circle, Phone: 427-6858
Rae H. LeSesne, 5325 Thornburg Lane, Phone: 497-8008
Marilyn Kyle, 3716 North Landstown, Phone: 427-2803
Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925
Charles Traub, III, 784 Glasgow Court, Phone: 340-9056
Ray Lupton, Landstown Road
Robert Dean, 1204 Shawn Drive, Phone: 427-6606
Wes Gardner, 6520 Knotts Island Road, Phone: 721-3477
Beth Lang, 1204 Shawn Drive, Phone: 427-6606
Chris Solanic, 4727 Eldon Court, Phone: 456-0214
Stuart Gordon, 2953 Virginia Beach Boulevard, Phone: 340-7975
Upon motion by Councilwoman McClanan, seconded by Councilman Brazier, City
Council DEFERRED until the City Council Session of April 9, 1991, Ordinances
upon application of LAKE RIDGE ASSOCIATES for Conditional Zoning
Classifications:
ORDINANCE UPON APPLICATION OF LAKE RIDGE ASSOCIATES
FOR A CONDITIONAL ZONING CLASSIFICATION FROM AC-1
TO A-12
Ordinance upon application of Lake Ridge Associates
for a Conditional Zoning Classification from AG-1
Agricultural District to A-12 Apartment District on
the following parcels:
Parcel 1: Located 4000 feet more or less southwest
of the intersection of Princess Anne Road and
Landstown Road.
Parcel 2: Located 6400 feet more or iess southwest
of the intersection of Princess Anne Road and
Landstown Road.
The proposed zoning classification change is for
multi-family housing land use at a density no
greater than 12 dwelling units per acre. The
Comprehensive Plan recommends use of this parcel
for prime agricultural land at a density no greater
than one dwelling unit per acre. The parcels
contain 103.5 acres. PRINCESS ANNE BOROUGH.
A N D,
ORDINANCE UPON APPLICATION OF LAKE RIDGE ASSOCIATES
FOR A CONDITIONAL ZONING CLASSIFICATION FROM AG-1
TO A-18
Ordinance upon application of Lake Ridge Associates
for a Conditional Zoning Classification from AG-1
Agricultural District to A-18 Apartment District on
certain property located 5050 feet more or less
southwest of the intersection of Princess Anne Road
and Landstown Road. The proposed zoning
classification change is for multi-family housing
land use at a density no greater than 18 dwelling
units per acre. The Comprehensive Plan recommends
use of this parcel for prime agricultural land at a
density no greater than one dwelling unit per acre.
The parcel contains 23.6 acres. PRINCESS ANNE
BOROUGH.
- 34 -
Item I-L.l.f.
PUBLIC HEARING ITEM # 34239 (Continued)
PLANNING
ORDINANCE UPON APPLICATION OF LAKE RIDGE ASSOCIATES
FOR A CONDITIONAL ZONING CLASSIFICATION FROM AG-1
TO B-2
Ordinance upon application of Lake Ridge Assoclates
for a Condltlonal Zonlng Classiflcation from AG-1
Agricultural District to B-2 Community Business
District on the following parcels:
Parcel 1: Located 1200 feet more or less southwest
of Princess Anne Road, 4600 feet more or less
southeast of Landstown Road.
Parcel 2: Located 2200 feet more or less southwest
of Princess Anne Road, 3900 feet more or less
northwest of North Landing Road.
Parcel 3: Located 900 feet more or less west of
Landstown Road, 2800 feet more or less northwest of
Princess Anne Road.
The proposed zon*ing classification change Is for
commercial land use. The Comprehensive Plan
recommends use of thls parcel for prime
agricultural land at a density no greater than one
dwelling unit per acre. The parcels contain 187.1
acres. PRINCESS ANNE BOROUGH.
A N D,
ORDINANCE UPON APPLICATION OF LAKE RIDGE ASSOCIATES
FOR A CONDITIONAL ZONING CLASSIFICATION FROM AG-1
TO H-1
Ordinance upon application of Lake Ridge Assoclates
for a Conditlonal Zoning Classificatlon from AG-1
Agricultural Distrlct to H-1 Hotel District on
certain property located 3400 feet more or less
west of Princess Anne Road beginning at a potnt
4800 feet more or less southwest of the
intersection of Princess Anne Road and Landstown
Road. The proposed zoning classification change Is
for hotel land use at a density no greater than 80
lodgTng units per acre. The Comprehensive Plan
recommends use of this parcel for prime
agricultural land at a density no greater than one
dwelling unit per acre. The parcel contains 15
acres. PRINCESS ANNE BOROUGH.
- 35 -
Item I-L.l.f.
PUBLIC HEARING ITEM # 34239 (Continued)
PLANNING
ORDINANCES UPON APPLICATION OF LAKE RIDGE
ASSOCIATES FOR A CONDITIONAL ZONING CLASSIFICATION
FROM AG-1 TO 0-2
Ordinance upon application of Lake Ridge Associates
for a Conditional ZonTng Classlflcation from AG-1
Agricultural District to 0-2 Office District on the
following parcels:
Parcel 1: Located 1200 feet west of Princess Anne
Road beglnnlng at a point 1400 feet more or less
southwest of the Intersection of Princess Anne Road
and Landstown Road.
Parcel 2: Located 1200 teet east of Landstown Road
beginning at a point 3050 feet more or less south
of the Intersection of Landstown Road and Prlncess
Anne Road.
Parcel 3: Located 1200 teet west of Landstown Road
beglnning at a point 1800 feet more or less
southwest of the Intersection of Landstown Road and
Princess Anne Road.
Parcel 4: Located 1200 feet west of Landstown Road
beginning at a point 3250 feet more or less
southwest of the Intersection of Landstown Road and
Princess Anne Road.
Parcel 5: Located 1200 feet west of Landstown Road
beginning at a point 4850 feet more or less
southwest of the intersectlon of Landstown Road and
Princess Anne Road.
The proposed zoning classtfication change is for
office land use. The Comprehensive Plan recommends
use of this parcel for prime agricultural land at a
denslty no greater than one dwelling unit per acre.
The parcels contain 200 acres. PRINCESS ANNE
BOROUGH.
A N D,
ORDINANCE UPON APPLICATION OF LAKE RIDGE ASSOCIATES
FOR A CONDITIONAL ZONING CLASSIFICATION FROM AG-1
TO 0-2
Ordinance upon application of Lake Ridge Associates
for a Conditional ZonTng Classification from AG-1
Agricultural District to 0-2 Office District
iocated 1200 feet more or less southwest of
Princess Anne Road, 9100 feet more or less
southeast of Landstown Road. The proposed zonlng
classification change Is for office land use. The
Comprehensive Plan recommends use of this parcel
for prime agrlcultural land at a density no greater
than one dweillng unit per acre. The parcel
contains 155.6 acres. PRINCESS ANNE BOROUGH.
- 36 -
Item I-L.I.f.
PUBLIC HEARING ITEM # 34239 (Continued)
PLANNING
ORDINANCE UPON APPLICATION OF LAKE RIDGE ASSOCIATES
FOR A CONDITIONAL ZONING CLASSIFICATION FROM AG-1
TO 0-2
Ordinance upon application of Lake Ridge Associates
for a Conditional Zoning Classification from AG-1
Agricultural District to 0-2 Office District on the
followTng parcels:
Parcel 1: Located 7320 feet more or less northeast
of the intersection of Landstown Road and Salem
Road.
Parcel 2: Located 1800 feet more or less southwest
of the intersection of Landstown Road and Princess
Anne Road.
The proposed zoning classification change Is for
office land use. The Comprehensive Plan recommends
use of this parcel for prime agricultural land at a
density no greater than one dwelling unit per acre.
The parcels contain 180.1 acres. PRINCESS ANNE
BOROUGH.
A N D,
ORDINANCE UPON APPLICATION OF LAKE RIDGE ASSOCIATES
FOR CONDITIONAL ZONING CLASSIFICATION FROM AG-1 TO
P-1
Ordinance upon application of Lake Ridge Associates
for a Conditional Zoning Classlflcation from AG-1
Agricultural District to P-1 Preservation District
on certain property located 1200 feet west of
Landstown Road beginnlng at a point 3000 feet more
or less southwest of the Intersection of Princess
Anne Road and Landstown Road. The proposed zonlng
classification change Is for preservation of open
areas. The Comprehensive Plan recommends use of
this parcel for prime agrlcultural land at a
denslty no greater than one dwelling unit per acre.
The parcel contalns 117 acres. PRINCESS ANNE
BOROUGH.
A N D,
ORDINANCE UPON APPLICATION OF LAKE RIDGE ASSOCIATES
FOR A CONDITIONAL ZONING CLASSIFICATION FROM AG-2
TO B-2
Ordinance upon application of Lake Ridge Associates
for a Conditional Zoning Classiflcatlon from AG-2
Agricultural District to B-2 Community Buslness
District on the southwest side of Princess Anne
Road, 4460 feet more or less southeast of the
intersection with Landstown Road. The proposed
zoning classification change Is for commerical land
use. The Comprehenslve Plan recommends use of this
parcel for prime agricultural land at a density no
greater than one dwelltng unlt per acre. The parcel
contains 18.5 acres. PRINCESS ANNE BOROUGH.
- 37 -
Item I-L.l.f.
PUBLIC HEARING ITEM # 34239 (Continued)
PLANNING
ORDINANCE UPON APPLICATION OF LAKE RIDGE ASSOCIATES
FOR A CONDITIONAL ZONING CLASSIFICATION FROM AG-2
TO 0-2
Ordinance upon application of Lake Ridge Associates
for a Conditional Zoning Classification from AG-2
Agrlcultural District to 0-2 Office District on
certaln property located 1200 feet more or less
southwest of the Intersection of Landstown Road and
Princess Anne Road. The proposed zoning
classification change Is for office land use. The
Comprehensive Plan recommends use of this parcel
for prime agricultural land at a denslty no greater
than one dwelilng unit per acre. The parcel
contains 3.3 acres. PRINCESS ANNE BOROUGH.
ORDINANCE UPON APPLICATION OF LAKE RIDGE ASSOCIATES
FOR A CONDITIONAL ZONING CLASSIFICATION FROM AG-2
TO 0-2
Ordinance upon application of Lake Ridge Associates
for a Conditional Zoning Classiflcation from AG-2
Agricultural District to 0-2 Office District on
certain property located on the east and west sides
of Landstown Road, south of the infersection with
Princess Anne Road. The proposed zonlng
classiticaflon change Is for office land use. The
Comprehensive Plan recommends use of this parcel
for prlme agricultural land at a denslty no greater
than one dwelling unit per acre. The parcels
contain 143.2 acres. PRINCESS ANNE BOROUGH.
A N D,
ORDINANCE UPON APPLICATION OF LAKE RIDGE ASSOCIATES
FOR A CONDITIONAL ZONING CLASSIFICATION FROM AG-2
TO 0-2
Ordinance upon application of Lake Ridge Assoclates
for a Conditional Zonlng Classification from AG-2
Agricultural District to 0-2 Office District on the
southwest side of Princess Anne Road, 9100 feet
more or less southeast of Landstown Road. The
proposed zontng classification change is for offlce
land use. The Comprehenslve Plan recommends use of
this parcel for prime agrlcultural land at a
density no greater than one dwelling unit per acre.
The parcel contains 17 acres. PRINCESS ANNE
BOROUGH.
A N D,
- 38 -
Item I-L.I.f.
PUBLIC HEARING ITEM # 34239 (Continued)
PLANNING
ORDINANCE UPON APPLICATION OF LAKE RIDGE ASSOCIATES
FOR A CONDITIONAL ZONING CLASSIFICATION FROM AG-2
TO P-1
Ordinance upon application of Lake Ridge Associates
for a Conditional Zoning Classification from AG-2
Agricultural District to P-1 Preservation District
on certain property located on the east and west
sides of Landstown Road, 7200 feet more or less
east of Salem Road. The proposed zoning
classification change is for preservation of open
areas. The Comprehensive Plan recommends use of
this parcel for prime agricultural land at a
density no greater than one dwelling unit per acre.
The parcels contain 20.1 acres. PRINCESS ANNE
BOROUGH.
A N D,
ORDINANCE UPON APPLICATION OF LAKE RIDGE ASSOCIATES
FOR A CONDITIONAL ZONIGG CLASSIFICATION FROM R-5D
TO 0-2
Ordinance upon application of Lake Ridge Associates
for a Conditional Zoning Classification from R-5D
Residential Duplex District to 0-2 Office District
on certain property located 1250 feet more or less
southwest of the intersection of Princess Anne Road
and Landstown Road. The proposed zoning
classification change is for office land use. The
Comprehensive Plan recommends use of this parcel
for prime agricultural lands at a density no
greater than one dwelling unit per acre. The parcel
contains 8.5 acres. PRINCESS ANNE BOROUGH.
Voting: 9-1
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,
Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
Mayor Meyera E. Oberndorf
Council Members Abstaining:
Louis R. Jones
Council Members Absent:
None
"Councilman Joiies DISCLOSED pursuant to Section 2.1-639.14(E) of the Code of
Virginia, ownership of land with a value in excess of $10,000, on the southeast
corner of Princess Anne Road and Landstown Road, south of the GREEN LINE.
Although the City Attorney had advised he is not required to disclose this
interest, as it does not meet the criteria of a personal interest in the
transaction under the Conflict of Interests Act, Councilman Jones wished to
disclose this interest and ABSTAIN on the Ordinances of Lake Ridge Associates.
Councilman Jones' letter of December 18, 1990, is hereby made a part of the
record.
- 39 -
Item I-N.I.
NEW BUSINESS ITEM # 34240
The following registered In SUPPORT:
Attorney L. B. Cox, 1518 Atlantic Avenue, Phone: 425-8565
Nancy Leffler, 1109 Little Neck Road, the applicant, reprsented herself
The followlng registered In OPPOSITION:
Joy Lyle, 305-48th Street, Phone: 428-7325
Robert L. Stein, 226 66th Street, Phone: 428-8970
Upon motion by Councilman Brazier, seconded by Councilman Baum, City Council
APPROVED:
Administrative appeal to City Counci I of Mr. and
Mrs. Charles D. Leffler that their address remain
111109 Little Neck Road". A private lane with only
four lots for lngress and egress over the Leffler
property shall be named "Hebden Lane", contingent
upon no other street bearlng that name.
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. McC]anan, Mayor Meyera E. Oberndorf, Nancy K.
Parker and Willlam D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
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- 40 -
Item I-N.2.
NEW BUSINESS ITEM # 34241
ADD-ON
Councilman Baum referenced the Annual Forestry Association poster contest. The
two top winners out of 40,000 contestents are students from the City's VOTEC
school.
Councilman Baum expressed pride and requested the First and Second Place
Winners be recognized at the beginning of a Formal City Council Session.
- 41 -
Item I-N.3.
NEW BUSINESS TTEM # 34242
ADD-ON
Councilwoman Parker referenced the following achievements:
BAYSIDE HIGH SCHOOL
BASKETBALL STATE CHAMPIONS
FIRST COLONIAL HIGH SCHOOL
F'ORENSIC CHAMPIONS
Mayor Oberndorf advised these Schools would be recognized during the IN
RECOGNITION Municipal Cable Program
- 42 -
Item I-N.4.
NEW BUSINESS ITEM # 34243
ADD-ON
Mayor Oberndorf requested recognition of the three PRISONERS OF WAR just
returned from Desert Storm during the City Council Session of April 2, 1991:
Lt. Lawrence R. Slade, USN
Lt. Robert Wetzel, USNR
Lt. Jeffrey N. Zaun, USN
- 43 -
Item I-N.5.
NEW BUSINESS ITEM # 34244
ADD-ON
Councilman Baum referenced correspondence to the President of the Blackwater
Civlc League relative Motorist's litter deposited on private land. The City
advised In accordance with Section 31-10 and 31-12 of the Virginia Beach Code,
their only recourse was to hold landowers responsible for maintaining their
property in a clean and litter-free manner. This Is an on-going problem In
rural areas.
Councilman Baum requested the City Manager review this matter for possible
solutions.
- 44 -
I tem I -N. 6.
NEW BUSINESS ITEM # 34245
ADD-ON
Upon motion by Councl iman Heischober, seconded by Counci Iman Brazier, City
Council voted to hear:
Resolution to conditional ly support an access from
Princess Anne Road, Phase Ill, to City-owned
property at Princess Anne and Landstown Roads.
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
- 45 -
I tem I -N. 7.
NEW BUSINESS ITEM # 34246
ADD-ON
Upon motlon by Counci lwoman McCianan, seconded by Counci Iman Brazier, City
Council ADOPTED:
Resolution to conditional ly support an access from
Princess Anne Road, Phase lit, to City-owned
property at Princess Anne and Landstown Roads.
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
1 A RESOLUTION TO CONDITIONALLY
2 SUPPORT AN ACCESS POINT FROM
3 PRINCESS ANNE ROAD PHASE III TO
4 PROVIDE ACCESS TO CITY-OWNED
5 PROPERTY LOCATED AT THE INTERSECTION
6 OF PRINCESS ANNE AND LANDSTOWN ROADS
7
8
9 WHEREAS, the City owns approximately ninety (90) acres
10 of property adjacent to Tidewater Community College at the
11 intersection of Princess Anne and Landstown Roads;
12 WHEREAS, the Department of Economic Development is
13 currently working with the General Services Administration (GSA)
14 to assist them in finding a location for their SEABAT facility;
15 WHEREAS, the SEABAT facility will consist of
16 approximately 300,000 square feet of office, laboratory and
17 warehouse space, will employ approximately 950 people, and will
18 require approximately thirty (30) acres of property;
19 WHEREAS, the City-owned property adjacent to Tidewater
20 Community College has been identified as a potentially ideal
21 location for the SEABAT facility;
22 WHEREAS, in order to enhance vehicular access to, and
23 internal vehicular circulation within, the City-owned site, an
24 access point to Princess Anne Road would be desirable;
25 WHEREAS, City Council has designated Princess Anne Road
26 Phase III as a controlled access roadway, and all proposed access
27 points must be formally approved by the Council;
28 WHEREAS, City Council's support of an access point from
29 Princess Anne Road Phase III to provide access to the site would
30 enhance the Department of Economic Development' s ability to market
31 the site for the SEABAT facility thereby enhancing employment
32 opportunities within the City, and increasing the City's tax base;
33 WHEREAS, such support would be conditioned upon final
34 acceptance by GSA of the site for the SEABAT facility; and
35 WHEREAS, this matter would be brought back before the
36 Council for formal action on the access point from Princess Anne
37 Road Phase III after GSA's final acceptance of the site, and would
38 be accompanied by a rezoning request for the property.
39 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
40 CITY OF VIRGINIA BEACH:
41 That City Council hereby supports the provision of an
42 access point from Princess Anne Road Phase III to provide access
43 to City-owned property adjacent to Tidewater Community College
44 conditioned upon the General Services Administration's formal
45 acceptance of the property as the site for location of its SEABAT
46 facility; and
47 That the City Manager is hereby directed to bring this
48 matter back before the council for formal support of the proposed
49 access point after final acceptance by GSA of the property as the
50 site for location of its SEABAT facility.
51 Adopted by the Council of the City of Virginia Beach
52 this 26 day of March 1991.
53
54 Noncode\Seabat.Res
55 R-2
2
I
- 46 -
Item I-N.8.
NEW BUSINESS ITEM # 34247
ADD-ON
Mayor Oberndorf referenced correspondence from various churches relative the
homeless. Mayor Oberndorf, Hector A. Rivera, Assistant City Manager for Human
Servics, and Maryann 1. Ustick, Director of the Department of
Housing/Neighborhood Preservation compiled the SUM14ARY of EXISTING AND PLANNED
SERVICES FOR THE HOMELESS IN VIRGINIA BEACH.
Mayor Oberndorf requested the City Council review this Summary. There Is n
Interim Task Force on Shelter and Services appointed by the City Manager's
Office to advise the City on issues regarding the homeless. At Its meeting of
March 19, 1990, the Task Force Identified three prlorities for action and
appointed committees to address these:
Development of Quality Standards for Shelter providers
Shelter for Individuals durlng the winter months
Replacement of existing shelter for families on Kemspville Road.
As one of the first steps to be taken, City agencies which contract for
services to the homeless will Incorporate and requlre adherence to the quality
standards for shelter providers to be recommended by the task force. The City
will also request the State to adopt the same requirements. The Servlces for
Homeless Individuals, Services for Familes and Homeless Prevention/intevention
are also contained In this Summary.
- 47 -
Item 1-0.1.
ADJOURNMENT ITEM # 34248
Upon motion by Councilman Baum, and BY CONSENSUS, City Council ADJOURNED the
Meeting at 10:22 P.M.
.Bever@ 0. H@ks
Chief Deputy City Clerk
@th Hodge!r Smith, CMC
City Clerk
City of Virginia Beach
Virginia