JANUARY 22, 1991 MINUTES
"WORLD'S LARGEST RESORT CITY"
CfTY COUNCIL
JOIII I
CITY COUNCIL AGENDA
JANUARY 22, 1991
ITIN I. COMPREHENSIVE PLAN WORKSHOP - Council Chamber - 12: NOON
ITEM II. L U N C H - Conference Room - 1:00 PM
ITEM III. CITY MANAGER'S BRIEFING - Conference Room - 3:30 PM
A. R E C Y C L I N G
P. Wade Kyle, Administrator, Solid Waste Management
ITEM IV. COUNCIL CONFERENCE SESSION - Conference Room - 4:00 PM
A. CITY COUNCIL CONCERNS
ITEM V. D I N N E R - Conference Room - 4:30 PM
ITEM VI. INFORMAL SESSION - Conference Room - 5:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO EXECUTIVE SESSION
ITEM VII. FORMAL SESSION - Council Chamber - 6:00 PM
A. CALL To ORDER - Mayor Meyera E. Oberndorf
B. INVOCATION: Reverend J. D. Seward
Brook Baptist Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF EXECUTIVE SESSION
F. MINUTES
1. INFOR14AL & FORMAL SESSIONS - January 15, 1991
G. PRESENTATIONS
1. Robert S. Miller
President, Virginia Beach Special Olympics
H. RESOLUTIONS/ORDINANCES
1. Resolution opposing any proposed legislation before the 1991
Virginia General Assembly which may permit Hunting on Sunday in
Virginia.
2. Resolution referring to the Planning Commission a proposed
amendment to Section 3.2 of the Site Plan Ordinance re site plan
review fees for certain structures in Chesapeake Bay Preservation
Areas.
3. Ordinance authorizing acquisition of property in fee simple for
right-of-way and the acquisition of temporary and permanent
easements of right-of-way, either by agreement or condemnation, to
construct the required right turn lane on Holland Road for Parkside
Green, formerly Hartford Glen.
Deferred: January 15, 1991
4. Ordinance to authorize a temporary encroachment into a portion of
the right-of-way of Ocean View Avenue to William P. Edmondson, Jr.
and Betty R. Edmondson (4805 Lauderdale Avenue) re construction of
an elevated walkway, in Chesapeake Park, (BAYSIDE BOROUGH).
5. Ordinance to TRANSFER $149,970 from the Regional Jail Study funds
to the Tax Exemption program for the Elderly and Disabled.
6. LOW BID:
REID ASSOCIATES, INC. Central Heat Plant $2,990.678
Judicial Center
(CIP 3-977)
7. Request to recognize Witchduck Point as a 51% Neighborhood
Sanitary Sewer Project in the Bayside Borough; and, authorize
$1,600,000 for this project be included in the FY 1992-1996 Capital
Improvement Program.
PUBLIC HEARING
1. PLANNING
a. ordinance for discontinuance, closure and abandoriment of a
portion of Fern Ridge Road beginning at the Southeastern
boundary of Lynnhaven Parkway and running in a Southeasterly
direction a distance of 135 feet more or less in the petition
of CHARLES E. FALK, SR. (PRINCESS ANNE BOROTJGH).
Deferred August 21, 1990, for compliance.
Recommendation: FINAL APPROVAL
b. Application of WATER OAKS CONDOMINIUM COUNCIL OF OWNERS, INC.,
for a Variance to Section 4.4(d) of the Subdivision Ordinance
which requires all lots created by subdivision have direct
access to a public street at the intersection of Shady Oaks
Drive and Aries Way, containing 10,608 square feet (.24 acres)
(BAYSIDE BOROUGH).
Recommendation: APPROVAL
c. Application of LEILANI PIERCE for a Variance to Section 4.4(d)
of the Subdivision Ordinance which requires all lots created by
subdivision have access to a public street at 1642 Duke of
Windsor Road, containing 2.379 acres (LYNNHAVEN BOROUGH).
Recommendation: APPRO"L
d. Application of FIRST COLONIAL MEDICAL AND PROFESSIONAL BUILDING
for a Conditional Zoning Classification from R-15 Residential
District to 0-2 Office District on the North side of Wolfsnare
Road, 433.76 feet West of First Colonial Road, containing
14,374.80 square feet (LYNNHAVEN BOROUGH).
Recommendation: APPROVAL
e. Application of SUE P. AND JOE TEMPLETON AND H. MICHAEL AND
PATRICIA A. TACORONTE for a Conditional Zoning Classification
from 0-2 Office District to B-lA Neighborhood Business District
on the South side of Providence Road, 230 feet East of the
intersection with Old Providence Road (5637 Providence Road),
containing 20,000 square feet (KEMPSVILLE BOROUGH).
Recommendation: APPROVAL
f. Application of TIDEWATER PSYCHIATRIC INSTITUTE, INC. for a
Conditional Use Permit for hospital expansion at the Southwest
intersection of Will-O-Wisp Drive and i@ndsley Drive (1701
Will-O-Wisp Drive), containing 7 acres (LYNNHAVEN BOROUGH).
Recommendation: APPROVAL
g. Ordinances to AMEND and REORDAIN the City Zoning Ordinance:
1. Article 1: Section 102(a) re Rural Preservation Overlay
District.
Section 107(h) re Conditional Zoning.
Section 201(e) re requirements for fences and
walls.
Article 4: REPEAL: Agricultural Lands Area Overlay
District;
AND,
CREATE: Rural Preservation Overlay District.
2. Ordinance to AMEND and REORDAIN the Zoning Maps of the City
of Virginia Beach to indicate location of property to be
subject to the Rural Preservation Overlay District.
3. Ordinance to AMEND the Master Street and Highway Plan of
the City of Virginia Beach as shown on plans on file in the
Planning Department:
ADD certain roads;
RELOCATE certain roads;
AND,
DELETE certain roads.
Planning Commission
Recommendation: APPROVE ALL ITEMS
Staff Recommendation: DEFER FOR COORDINATION WTTH
COMPREHENSIVE PLAN
J. UNFINISHED BUSINESS
K. NEW BUSINESS
L. ADJOURNMENT
1/16/91 Igs
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Vlrgirila Beacti, Vlrginla
January 22, 1991
Mayor Meyera Oberndorf called to order the COMPREHENSIVE PLAN WORKSHOP of the
VIRGINIA BEACH CITY COUNCIL in the Council Chambers, City Hall Building, on
Tuesday, January 22, 1991, at 12:00 NOON.
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 and Nancy K.
Parker
Council Members Absent:
William D. Sessoms, Jr. (ENTERED: 12:15 P.M.)
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C 0 M P R E H E N S I V E P L A N W 0 R K S H 0 P
12:00 NOON
ITEM # 33978
Robert J. Scott, Director of Planning, advised, as part of the first
COMPREHENSIVE PLAN ADOPTED by City Council in October 1979, a portion of this
Plan comprised the GREEN LINE. This was not exactly the same location existing
today. The Planning Commission, in 1979, stated it was their policy to
encourage growth in areas where it could be accommodated and to discourage
growth in areas where same could not be accommodated. From this concept arose
the GREEN LINE. North of the GREEN LINE are areas where the public is prepared
to install adequate urban facilities and attract urban growth. South of the
GREEN LINE are those areas where the public cannot reasonably expect to provide
adequate public facilities in the immediate foreseeable future. This area is
not oriented towards urban growth. Roads serve as a good indicator of where
facilities were basically adequate or inadequate. Growth in 1979 had not
proceeded south to the GREEN LINE. This line has been a successful tool in
bringing to a halt the problems of sprawl. In 1985, there was a major revision
of the COMPREHENSIVE PLAN; however, the location of the GREEN LINE did not
change. In viewing the findings of 1979 with regard to adequacy of facilities,
these are still basically adequate. Mr. Scott again displayed the map depicting
the CIP roadway projects. The COMPREHENSIVE PLAN includes the retention of the
GREEN LINE in its current location as a line that differentiates those areas
where public facilities are adequate, or will be made adequate by virtue of
projects programmed in the CIP to support urban growth, as shown on the Plan,
from those areas where facilities will not be adequate to support urban levels
of growth. This Plan also establishes a transition area located so that
adequacy within the next ten-year period can be achieved by a combination of
already scheduled public improvements and properly phased improvements by
private property owners. The Planning Commission formulated the concept of a
transitional zone which is shown in red cross hatch on the map. By virtue of
this COMPREHENSIVE PLAN and the ECONOMIC DEVELOPMENT STRATEGIC PLAN, the City
is committing itself to the longer term attainment of a tax base whereby no
more than 70% of the real estate tax revenue comes from residential sources.
This PLAN identifies the transition area as one devoted to tax base expansion
suitable for commercial, industrial and institutional use, with residential use
included only as a supplementary use to them. This COMPREHENSIVE PLAN
establishes that projects including these uses are appropriate in the
transitional area, subject to the following four-part test:
1. There must be a showing of positive fiscal impact
to be derived by the City as a result of the
construction of the project:
2. Conditional zoning should be used to control the
phasing of the projects so that transition can
properly occur and to establish design criteria for
the appearance of the project to assure that it
will be a positive contribution to the City's land
use and tax base;
3. All on-site roadways needed for adequate traffic
flow should be the responsibility of the developer,
as opposed to the City, and all off-site roads made
inadequate by the project and which will not be
made adequate by projects in the ten-year CIP
should be remedied by the developers and not the
City;
4. Residential development supplementary to
commercial, industrial and institutional uses
should not exceed 18 dwelling units per acre in
density, nor 10% of the land use area of the
project.
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C 0 M P RE HENS IV E P LAN W OR K S HOP
ITEM # 33978 (Continued)
Mr. Scott referenced the article entitled: "Urban Rural Boundaries - the Limits
of Limits".
"Urban limit lines, by no means, offer a trouble free technique for
growth management. A host of issues arises in setting the boundary.
For example, how can a balance be struck between efficient
infrastructure provision and preservation of certain lands on the one
hand and an adequate amount of developable land on the other. The
issue of how much land the line should circumscribe is resolved
differently in every community, but essentially the decision focus on
the length of the planning period and the amount of overage that land
is in excess of expected needs that should be included. Most
Comprehensive Plans designate enough land area for future development
to permit the market some flexibility in location choices through the
planning period. This constitutes a safety valve for unexpected
pressures."
Mr. Scott advised it does not mean by setting aside 3,000 to 3,200 acres of
land, all of this land will be developed. The geography of Virginia Beach is
peculiar. The City is bounded by the Atlantic Ocean, the Chesapeake Bay, rural
North Carolina and certain areas of Chesapeake (which are not likely to develop
in the immediate future). The City is connected to the rest of the world by
basically three roads: Northampton Boulevard, Virginia Beach Boulevard/Toll
Road and Indian River Road. The City is now in the process of widening
Northampton Boulevard to eight lanes, approximately its ultimate width. The
Toll Road and Indian River Road are also approaching their ultimate width.
Virginia Beach is not an inner City. Every morning vast amount of the populous
leave Virginia Beach via these three routes and every evening they return. The
challenge remains to attract more jobs into this City, so the internal road
system can be utilized. This will result in a better economic picture and more
efficient roadway system and a change of locating and designing more favorable
places of employment in the City while holding constant the important policy of
protection of existing residential neighborhoods.
The advantage to having the GREEN LINE remain in place would entail being a
safe play on the adequacy of facilities. The disadvantages would entail having
to justify a 4 to 8-lane road passing thru farmlands. There is also no scheme
for economic development initiatives. The City would be limited to ascertaining
locations for this growth in the areas north of the GREEN LINE. The concept of
the transitional zone has the advantage of gradually moving development, as
facilities become available, adjacent to the area to be developed and in some
cases through the area to be developed. This does maximize the City's economic
development opportunities. Economic development initiatives over a period of
decades will be dependent on the presence of the Southeastern Expressway. Mr.
Scott referenced West Neck Creek. East of West Neck Creek and south of the
GREEN LINE is an area where development potential might exist, but there is no
road identified as available to deal with this development. It is probably not
going to be possible to cross West Neck Creek with another road because of
environmental problems. The Planning Commission is recommending, as an element
of the COMPREHENSIVE PLAN, a program within the Planning Department to monitor
development situations and solutions on an annual basis.
Reference was made to the LAKE RIDGE ASSOCIATES CONDITIONAL ZONING application,
the impact of this type of development and the desire for a further explanation
as to how the transition area and residential development supplementary to
commercial, industrial and institutional uses should not exceed 18 dwelling
units per acre in density, nor 10% of the land use area of the project.
Transition area was not mentioned in the original September draft, but within
the last two to three months appeared. City Council expressed concern relative
the change which necessitated this being a viable entity where before it had
not shown up in the document.
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C 0 M P R E H E N S I V E P L A N W 0 R K S H 0 P
ITEM # 33978 (Continued)
With regard to economic development, there should be some opportunity for
inclusion of appropriately designed residential development into any large
amount of acreage. Mr. Scott did not believe it was the Planning Commission's
intention that all the residential development in this area would have to be
developed at this density of 18 dwelling units per acre.
Mr. Scott advised Conditional Zoning is a process by which the rezoning
applicant may voluntarily enter, and it comes in two parts. The first part,
dealing with on-site proffers, gives the City the opportunity to limit uses,
agree upon landscaping and design, and set certain dimensional and other
regulations above and beyond what the available tools as usually applied can
accomplish. The second portion, dealing with off-site proffers, gives the City
the opportunity to accept improvements to roads or other public facilities,
land on which to install them, or cash in lieu of the above, in order to
offset impacts reasonably related to the rezoning that may otherwise cause the
rezoning not to be approved. This plan calls for adoption of local legislation
that would make the second part possible. Conditional Zoning, when used
properly, is an effective strategy for meeting the goals of the COMPREHENSIVE
PLAN in unusual, rather than normal, circumstances. Conditional Zoning is
elevated to a significantly higher level.
With regard to the LAKE RIDGE ASSOCIATES application, there is a requirement
within the proffers to bring a design forward on a phase-by-phase basis to be
reviewed by the Planning Commission and the City Council. Mr. Scott believed
roadways, which would meet future needs, can be required.
Mr. Scott referenced the Ordinance to Amend and Reordain Article 1, Section
107(H) of the City Zoning Ordinance pertaining to Conditional Zoning (See Item
I-l.f of the PLANNING AGENDA). This Ordinance will take advantage of all the
authority the State grants localities which basically allows three more
authorities: (1) Authority to accept dedication of land. (2) Authority to
require or accept the offer of off-site improvements (3) Authority to accept
cash. These are all subject to a number of very limiting restrictions. There
must be shown a rational connection between what is being generated and the
condition itself. Chesterfield County utilizes a formula to determine the
actual dollar amount. State Law requires these funds must be expended on
identified projects in the CIP within a reasonable period of time, or it must
be refunded. If it would be decided a cash proffer was appropriate to impose,
only a small portion of the amount necessary for projects i.e. schools, fire
stations, could be imposed on the developer. Mr. Scott will investigate the
possibility of including assisting in the cost of schools in these revisions of
Conditional Zoning. Tt would also be feasible to include a time schedule of
development as one of the proffers.
The City has an intensity index of a little over "3" which means the non-
residential acre is worth more than three times a typical residential acre.
This gives the City a relationship between commercial and residential, with
which the City feels comfortable. The City is developing approximately 8% of
their land each year in non-residential uses. Establishing this transition area
is only a portion of the solution. Establishing a 70/30 ratio will not be an
easy goal.
With further reference to the transition area, Mr. Scott believed the Planning
Commission had difficulty contemplating a CIP and a COMPREHENSIVE PLAN together
which depicts a major roadway expansion adjacent to land recommended for
agricultural use.
There are two roadways on the Master Street and Highway Plan, which Harland
Barthlomew recommended in 1985. These roads are also on the PLANNING AGENDA
during the Formal Agenda. These two roadways must be deleted from the Master
Street and Highway Plan as they can not be built. One of these roads goes right
through the Middle of an existing subdivision, Foxfire, and the other crosses
West Neck Creek.
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C 0 M P R E H E N S T V E P L A N W 0 R K S H 0 P
ITEM # 33978 (Continued)
There are still $114-MTLLION in roads in the CAPITAL IMPROVEMENT PROGRAM 1990-
1991/1994-1995, which are requested but unfunded above and beyond the 10-year
lag time. Most of these roads are north of the GREEN LINE and still need to be
addressed.
City Council inquired relative the impact developments that are below the
present and the future GREEN LIME have on any ensuing applications from the
standpoint of City Council's decision and legal challenge.
City Council RECESSED for Lunch at 1:12 P.M. and RECONVENED the COMPREHENSIVE
PLAN WORKSHOP at 1:45 P.M.
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ITEM # 33979
Mayor Meyera E. Oberndorf CONVENED the COUNCIL CONFERENCE SESSION of the
VIRGINIA BEACH CITY COUNCIL in the Conference Room, City Hall Building, on
Tuesday, January 22, 1991, at 3:25 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
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C I T Y M A N A G E R 'S B R I E F I N G
R E C Y C L I N G
3:25 P.M.
ITEM # 33980
P. Wade Kyle, Administrator - Solid Waste Management, and Debbie Devine,
Recycling Co-ordinator, presented information relative "Yard Waste Separation".
The goal of this program is to meet the State mandate recycling goal of 10% on
December 31, 1991. This means 40,000 tons of material must be recycled this
year. Last year, approximately 7,000 tons of material were recycled.
The City has the potential to reduce the waste stream by 33,000 tons from the
residential yard waste collection. The existing service serves approximately
90,000 residential households. These residents receive automated solid waste
collection service and collection of an unlimited number of plastic bags. It is
proposed to continue the automated service with no change in the internal
process. Only clear bags of yard waste would be collected other than the
automated containers. There would be no change on the day of collection. The
method would require that amounts of yard waste too large to be served by the
automated container must be placed in clear bags on the ground. The material
will be diverted to the Southeastern Public Service Authority yard waste
facility located at the Virginia Beach landfill. Clear bags are necessary for
inspection by the crews to determine this is 100% yard waste with no mix of
garbage.
The City would like to comence implementation of the program on May 1, 1991,
with a publicity campaign to begin April First. The publicity campaign would
consist of a team composed of representatives from the Office of Public
Information, Clean Community Commission, Virginia Beach citizens, Barker,
Campbell and Farley, as well as Debbie Devine. Upon approval of this publicity
campaign, speaking engagements will be SCHEDULED. Civic Leagues, Rotary Clubs,
the Council of Civic Organizations, and Channel 29, as well as local Television
and Radio Stations, will be utilized to promote this concept. The program has
a good level of corporate support. The producers of these lawn bags have a
clear bag to supplement the green or brown yard waste bag. The Department has
campaigned with local manufacturers i.e, Food Lion, Farm Fresh, and all are in
favor of this program. All have the ability to place a clear bag on the grocery
shelf for sale by April First. Approximately 20% of the houses served might
need to purchase an additional automated container. There will be no impact to
town houses.
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C 0 N C E R N S 0 F T H E C I T Y M A N A G E R
ITEM # 33981
The City Manager distributed a listing of contracts expected to be advertised
or awarded during the quarter ending March 31, 1991. The City Manager
recommended City Council proceed with these projects, which will be made a part
of the record.
ITEM # 33982
The City Manager also distributed a proposed Ordinance to Amend and Reordain
the Code of the City of Virginia Beach, Virginia, by Adding Section 8-31.1,
pertaining to permits for fences and walls. The fee for permits required by
this section shall be Fifteen Dollars ($15.00) plus one dollar ($1.00) per One
Hundred Dollars ($100.00) of value.
Mayor Oberndorf advised there is a Civic Homeowners Association in Kempsville
attempting to improve an existing fence which will be an improvement for an
entire development and was commenced before the proposal of this fee. This
should be exempt.
The City Manager suggested the effective date of the Ordinance could be July
First. This would provide ample time for completion of certain fences in the
planning stages.
Councilman Clyburn complimented the most attractive fences on Independence
Boulevard coming from Holland Road. This is a perfect example of the City's new
fence ordinance.
BY CONSENSUS, this Ordinance will be not be SCHEDULED prior to the City Council
Session of February 19, 1991. Copies will be forwarded to the Civic
Organizations and publicity will be generated regarding this Ordinance.
ITEM # 33983
The City Manager referenced correspondence relative the disposition of the
"blue glass" art collection donated to the City many years ago by Mr. Irving
Kline which has been on display at the Pavilion.
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C IT Y C 0 UN C I L C ON C E R N S
ITEM # 33984
Councilman Baum referenced the LOW BID: REID ASSOCIATES, INC. Central Heat
Plant $2,990.678 Judicial Center (CIP 3-977) (See Item H.6 of
RESOLUTIONS/ORDINANCES on the Pormal Agenda). Councilman Baum advised there was
no listing of the City Engineer's estimate. Councilman Heischober advised this
was listed as the project budget ($2,780,600) on the last two lines of the
Agenda Request form. Councilman Baum requested this be shown on a list as on
previous Agenda Request forms.
TTEM # 33985
Councilman Lanteigne referenced an Ordinance to provide Salary/Leave Incentives
for City Employees called to Active Duty for Operation Desert Storm. Councilman
Lanteigne will ADD-ON this Resolution under NEW BUSINESS of the Formal Session.
As per CONSENSUS of City Council, this Ordinance will be AMENDED on line 32 to
omit the verbiage "and/or sick" after the word compensatory. The verbiage
"and/or" shall be added before the word "compensatory." Several City employees,
who are members of the Armed Forces Reserve Units have been called to active
military duty in response to Operation Desert Storm. Tn some instances, the
compensation such employees receive from the Military is less than the
compensation they receive from the City. This Ordinance will provide a
mechanism for the City to assist such employees with respect to any lessening
in pay as a result of serving their Country.
ITEM # 33986
Councilman Brazier urged Vice Mayor Robert Fentress, Council Members Louis
Jones and Reba McClanan to confer with Captain Deanes relative the specific
Drug Enforcement actions involving their particular Borough areas of the City
with the highest instance of drug dealing. Councilman Brazier has already
conferred with the Captain and will compose a letter hopefully to be signed by
members of City Council relative this situation.
ITEM # 33987
Councilman Brazier inquired relative information from the Mayor concerning
LABOR DAY 1991. Mayor Oberndorf advised this information will be distributed to
City Council during the City Council Session of February 5, 1991.
ITEM # 33988
Council Members Brazier and Heischober on February Fifth will be distributing
to Members of City Council suggested methods to trim City Council actions and
save expenses relative the OPERATING BUDGET.
ITEM # 33989
Councilman Brazier suggested the concept of moving the INFORMAL SESSIONS to the
Council Chamber. Several constituents had inquired as to the reason these
INF'ORMAL SESSIONS were not televised. This item will be further discussed on
February 5, 1991.
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C I T Y C 0 U N C I L C 0 N C E R N S
ITFM # 33990
Vice Mayor Fentress mentioned the BRIEFINGS of the BOARDS AND COMMISSION
SCHEDULED every Tuesday last year. BY CONSENSUS, instead of repeating these
Briefings again this, only certain Briefings will be SCHEDULED as per the
instruction of City Council. Lines of communication should remain open with
certain Boards, i.e. Historical Review Board, Tidewater Transportation District
Commission, Planning Commission and School Board.
ITEM # 33991
Councilwoman Parker referenced House Bill 1149, pertaining to a change in the
wording on "hardship" for variances. House Bill 1149 was introduced by Patron
Watkins. Councilwoman Parker requested an evaluation from the City Staff, as
City Council might wish to take a position on this particular Bill in the
General Assembly.
ITEM # 33992
Councilwoman Parker also referenced Senate Bill 502, the "Bottle Bill",
introduced and apparently passed in one of the Committees for the first time
and which will go to the floor. Councilwoman Parker requested an evaluation
from the City Staff, as City Council might wish to take a position on this
particular Bill in the General Assembly.
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C 0 N C E R N S 0 F T H E M A Y 0 R
ITEM # 33993
Mayor Oberndorf referenced the proposed Recycling Center of Pair Service
Company/U-Cycle Recycling Center, Inc., to be located at the Guille Steel
Products Building. The City Manager advised the Company recently submitted an
application for the issuance of a Conditional Use Permit to operate its
recycling activities in the above referenced building. This application has
been placed on the Planning Commission's agenda for their meeting scheduled for
February 13, 1991. The matter will be expedited to the City Council Session of
February 26, 1991.
ITEM # 33994
Mayor Oberndorf referenced correspondence from George D. Hamar of Ben Gunn Road
relative a large and unsightly fence adjacent to his property and dumping,
storing of waste or unwanted materials on private property. Council Members
and Staff have investigated his concerns. As per CONSENSUS of City Council,
Mayor Oberndorf will advise Mr. Hamar by letter that he should pursue other
means to resolve the situation as the City Staff has advised the City Code has
not been violated.
ITEM # 33995
Mayor Oberndorf suggested a Retreat for Strategic Planning be SCHEDULED for
Saturday, February 9, 1991, from 8:30 A.M. to 4:30 P.M. at the PAVILION. Mayor
Oberndorf suggested the facilitator from the University of Virginia be utilized
as in last year's Retreat. An agenda would also be necessary. City Council
will advise as to their preference of dates.
ITEM # 33996
Mayor Oberndorf referenced the ANNUAL CONGRESSIONAL CITY CONFERENCE at the
Washington Hilton Hotel and Towers in Washington, D.C. on March 9 - 12, 1991.
Mayor Oberndorf requested the City Clerk be advised if any Council Members wish
to attend as early registration is beneficial to lower rates and better hotel
accommodations.
TTEM # 33997
Mayor Oberndorf advised her selection as Chairman of the Steering Committee on
Energy, the Enviroriment and Natural Resources for the National Leagues of
Cities. She will oversee five subcommittees. This is the first time the City of
Virginia Beach had held a Chairmanship at the National League of Cities.
Councilman Clyburn advised the Mayor's acceptance of this position will bring
great prestige to the City. Mayor Oberndorf has brought two conventions of this
Steering Committee to the City, which has resulted in a cost benefit to the
City.
ITEM # 33998
Mayor Oberndorf will attend the U.S. Conference of Mayors Meeting for one day
only on Thursday, January 24, 1991. She has an appointment with Secretary
Skinner - Secretary of Transportation and Congressman Rowe who will be the
Chair of the appropriations for Transportation. Mayor Oberndorf needs to be
advised of the future concerning the National Highway Trust Fund. Mayor
Oberndorf will be driving thus saving the air fare and will be returning that
night.
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ITEM # 33999
The INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order by
Mayor Meyera E. Oberndorf in the Conference Room, City Hall Building, on
Tuesday, January 22, 1991, at 4:50 P.M.
Council Members Present:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
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
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ITEM # 34000
Mayor Meyera E. Oberndorf entertained a motion to permit City Council to
conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of
Virginia, as amended, for the following purposes:
1. PERSONNEL MATTERS: Discussion or consideration of or interviews of
prospective candidates for employment, assignment, appointment, promotion,
performance, demotion, salaries, disciplining, or resignation of specific
public officers, appointees, or employees pursuant to Section 2.1-344 (A)
(1). To-Wit: Appointments: Boards and Commissions: Virginia Beach
Foundation Distribution Committee, Francis Land House Board of Governors
and Bond Referendum Committee.
2. PUBLICLY-HELD PROPERTY: Discussion or consideration of the condition,
acquisition or use of real property for public purpose, or of the
disposition of publicly-held property pursuant to Section 2.1-344(A) (3).
To-Wit: Discussion or consideration of the use of publicly-held property
for location of a sports and recreational facility in the City of Virginia
Beach - Princess Anne Borough.
Upon motion by Councilman Sessoms, seconded by Councilman Baum, City Council
voted to proceed into EXECUTIVE SESSION.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba
S. McClanan, Mayor Meyera E. Oberndorf, Nancy K.
Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 14 -
F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
January 22, 1991
6:30 P.M.
Mayor Meyera E. Oberndorf called to order the FIORMAL SESSION of the VIRGINIA
BEACH CITY COUNCIL in the Council Chambers, City Hall Building, on Tuesday,
January 22, 1991, at 6:30 P.M.
Council Members Present:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba
S. McClanan, Mayor Meyera E. Oberndorf, Nancy K.
Parker and William D. Sessoms, Jr.
Council Members Absent:
None
INVOCATION: Reverend J. D. Seward
Brook Baptist Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
- 15 -
Item VII-E.I.
CERTIFICATION OF
EXECUTIVE SESSION ITEM # 34001
Upon motion by Councilman Heischober, seconded by Councilman Jones, City
Council CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO
RECESS.
Only public business matters lawfully exempted from
Open Meeting requirements by Virginia law were
discussed in Executive Session to which this
certification resolution applies;
AND,
Only such public business matters as were
identified in the motion convening the Executive
Session were heard, discussed or considered by
Virginia Beach City Council.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Robert W. Clyburn, Vice Mayor Robert E.
Fentress, Harold Heischober, Louis R. Jones, Paul J.
Lanteigne, Reba S. McClanan, Mayor Meyera E.
Oberndorf and Nancy K. Parker
Council Members Voting Nay:
None
Council Members Absent:
James W. Brazier, Jr. and William D. Sessoms, Jr.
4b,
#ttoolutton
CERTIFICATION OF EXECUTIVE SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into EXECUTIVE
SESSION, pursuant to the affirmative vote recorded in ITEM # 34000
Page No. 13 and in accordance with the provisions of The Virginia
Freedom of Information Act; and,
WHERF,AS: Section 2.1-344.1 of the Code of Virginia requires a
certification by the governing body that such Executive Session was
conducted in conformity with Virginia law.
NOW, THEREF'ORE, BE IT RESOLVED: That the Virginia Beach City
Council hereby certifies that, to the best of each member's knowledge,
(a) only public business matters lawfully exempted from Open Meeting
requirements by Virginia law were discussed in Executive Session to
which this certification resolution applies; and, (b) only such public
business matters as were identified in the motion convening this
Executive Session were heard, discussed or considered by Virginia
Beach City Council.
RAh Hodges Smith, CMC/AAE
City Clerk January 22, 1991
- 16 -
Item VII-F.I.
MINUTES ITEM # 34002
Upon motion by Vice Mayor Fentress, seconded by Councilman Clyburn, City
Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of January
15, 1991.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Robert W. Clyburn, Vice Mayor Robert E.
Fentress, Harold Heischober, Paul J. Lanteigne, Reba
S. McClanan, Mayor Meyera E. Oberndorf, Nancy K.
Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Abstaining:
Louis R. Jones
Council Members Absent:
James W. Brazier, Jr.
Councilman Louis Jones ABSTAINED, as he was not in attendance during the City
Council Session of January 15, 1991.
- 17 -
Item VII-G.l.
PRESENTATIONS ITEM # 34003
Mayor Oberndorf PROCLAIMED:
APRIL 20, 1991
NATIONAL SPECIAL OLYMPICS DAY
Special Olympics is a year-round, international movement of sports training and
competition which gives children and adults, who are mentally retarded, an
opportunity to develop their physical skills, display their abilities and, most
importantly fulfill their human potential. Special Olympics is a springboard
for persons with mental retardation to learn confidence from opportunities to
work hard and reach goals.
Robert S. Miller - President, Virginia Beach Special Olympics, expressed
appreciation and introduced Anthony Sweeny - Member of the Special Olympics.
Anthony sings the National Anthem at the Special Olympics Track and Field
Games.
16
WHEREAS: Special Olympics is a year-round, international movement of sports training and competition which
gives children and adults, who are mentally retarded, an opportunity to develop their physical
skills, display their abilities and most importantly, fulfill their human potential. Special
Olympics is a springboard for persons with mental retardation to learn confidence from
opportunities to work hard and reach goals;
WHFREAS: The Special Olympics in Virginia Beach provides mentally retarded citizens with the opportunity to
participate in athletic activities and other social events;
WHEREAS: Special OlYmPics endeavors by the mentally retarded are yet another symbol of the commitment and
dedication of mentally retarded citizens to participate in society and to play an active role in
their futures and in the well-being of society as a whole;
WHEREAS: There is currently not an individual day where recognition is given to the Special Olympics program
in Virginia Beach;
VOIEREAS: Every year there is a spring track and field game held in the City at one of the high schools or
other facilities for the purpose of the athletic competition between Special Olympians of all
levels. This day is generally given as the day when the majority of society recognize.s the Special
Olympics program in Virginia Beach, throughout Virginia and the USA;
WHEREAS: At the International Summer Special Olympics Games at Notre Dame University in 1987, noted actor
William Hurt said that Special Olympics is a program "where human dignity is treasured above any
prize." Beyond the benefits for the Special Olympians, themselves, Special Olympics helps people,
worldwide, gain a great respect and love for human life. It brings out the best in all of us;
WHEREAS: The United States of America has national days to specifically honor individuals, organizations and
persons for their commitments and efforts;
WHEREAS: The Virginia Beach Special Olympics wants to take the lead through recognition from its' City
Council and citizens for a day that honors Special Olympians, the Spirit of Special Olympics, the
mentally retarded, their lives and love for life, the training competition and adventure of Special
Olympics;
N(YW, THEREFORE, 1, Meyera E. Oberndorf, Mayor of the City of Virginia Beach, Virginia, do hereby PROCLAIM:
A P R I L 2 0, 1 9 9 1
N A T I 0 N A L S P E C I A L 0 L Y M P I C S 0 A Y
in Virginia Beach and call upon all citizens to honor this day in Virginia Beach.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Virginia Beach to
be affixed this Twenty-second day of January, Nineteen Hundred and Ninety-One.
Meyera E. Oberndorf
Mayor
Item VII-G.2.
PRESENTATIONS ITEM # 34004
Mayor Oberndorf recognized CUB SCOUT PACK 996:
Den Leader
Jim Johnson
Cub Master
Chuck Burr
Cub Scouts
Matt Johnson
Chris Burr
Michael Weiner
Phillip Goodman
Brandon Burr
Chris Bodnar
Rodney Walters
Cub Scout Pack 996 was in attendance during the City Council Session to earn
their badges.
- 19 -
Item VII-H.l.
RESOLUTIONS/ORDINANCES ITEM # 34005
Upon motion by Councilman Baum, seconded by Councilman Sessoms, City Council
ADOPTED:
Resolution opposing any proposed legislation
before the 1991 Virginia General Assembly which may
permit Hunting on Sunday in Virginia.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba
S. McClanan, Mayor Meyera E. Oberndorf, Nancy K.
Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
I RESOLUTION
2
3
4 WHEREAS, farms and woodland suitable for weekday hunting
5 are currently providing passive recreation to landowners and their
6 guests on Sunday;
7 WHEREAS, it would be imprudent for citizens to pursue
8 walking or other passive recreation when gunfire can be expected;
9 and
10 WHEREAS, "no trespassing" laws are ineffective in pre-
ii cluding hunting on privately-owned lands;
12 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
13 OF VIRGINIA BEACH, VIRGINIA:
14 That the Virginia Beach City Council records its
15 opposition to any legislation proposed to permit Sunday Hunting in
16 Virginia.
17
18 Adopted by the Council of the City of Virginia Beach,
19 Virginia, on the 22 day of January 1991.
20
21 CA-4075
22 HUNTSUN.RES
23 R-1
- 20 -
Item VII-R.2.
RESOLUTIONS/ORDINANCES ITEM # 34006
Upon motion by Vice Mayor Fentress, seconded by Councilman Jones, City Council
ADOPTED:
Resolution referring to the Planning Commission a
proposed amendment to Section 3.2 of the Site Plan
Ordinance re site plan review fees for certain
structures in Chesapeake Bay Preservation Areas.
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, Mayor
Meyera E. Oberndorf, Nancy K. Parker and William D.
Sessoms, Jr.
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
None
1 A RESOLUTION REFERRING TO THE
2 PLANNING COMMISSION A PROPOSED
3 AMENDMENT TO SECTION 3.2 OF THE SITE
4 PLAN ORDINANCE, PERTAINING TO SITE
5 PLAN REVIEW FEES FOR CERTAIN
6 STRUCTURES IN CHESAPEAKE BAY
7 PRESERVATION AREAS
8 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
9 BEACH, VIRGINIA:
10 That there is hereby referred to the Planning
11 Commission, for its consideration and recommendation, a proposed
12 amendment to Section 3.2 of the Site Plan Ordinance, pertaining to
13 site Plan review fees for single-family dwellings and additions
14 and other residential structures in Chesapeake Bay Preservation
15 Area. A true copy of such proposed amendment is hereto attached.
16 Adopted by the City Council of the City of Virginia
17 Beach, Virginia, on the 22 day of January lgSSl.
18 CA-91-4069
19 \noncode\siteplan.res
20 R-1
1
2
3
4
5
6
7
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 3.2 OF THE SITE PLAN
ORDINANCE OF THE CITY OF VIRGINIA
BEACH, PERTAINING TO FEES FOR
SINGLE-FAMILY DWELLING, ETC. SITE
PLAN REVIEW IN CHESAPEAKE BAY
PRESERVATION AREAS
8
9
10
11
12
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That Section 3.2 of the Site Plan Ordinance of the City
of Virginia Beach, pertaining to fees for site plan review, be,
and hereby is, amended and reordained, and shall read as follows:
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
Section 3.2.
A.1. The
Procedure for site development plan approval:
developer shall cause to be prepared a site
development plan with other material as set forth in
sections 4 and 5.
At the time the site development plan is presented, the
following fees shall be due and payable:
(a) Residential site plan for two (2) or more
residences - six hundred twenty-nine dollars ($629.00)
plus twenty dollars ($20.00) per unit after the first
five (5) residential units.
(b) Non-residential site plan
seven dollars ($837.00) plus
($63.00) per acre.
(c) Duplex site plan - four hundred eighteen dollars
($418.00).
(d) There shall be no site plan review fee charged for
a site plan encompassing only one (1) single family
dwelling unit not located in a Chesapeake Bay
Preservation Area. For single-family dwellings and
additions and other residential structures requirin~ .~
eight hundred thirty-
sixty-three dollars
33 plan of development pursuant to Section 110 of the
34 Chesapeake Bay Preservation Area Ordinance, there shall
35 be a fee in the amount of two hundred nine dollars
36 ( $209. 00 ) ; provided, however, that if the Chesapeake Bay
37 Preservation Area Review Committee determines that such
38 plan of development may be subject to abbreviated
39 review, there shall be a fee in the amount of one
40 hundred dollars ( $100 . 00) .
41 (e) There shall be no resubmission fee for any site
42 plan resubmitted within sixty ( 60) days of the date of
43 completion of the prior review.
44 . . ,
45 Adopted by the City Council of the City of Virginia
46 Beach, Virginia, on the day of 1991.
47 CA-90-4016
48 \ordin\proposed\047-03-2 .pro
49 R-1
2
- 21 -
Item VII-H.3.
RESOLUTIONS/ORDINANCES ITEM # 34007
Attorney Charles Salle' , 192 Ballard Court, Phone: 490-3000, represented the
property owner. Attorney Salle' advised the property is subject to a lien and
there is a dispute between the property owner and the holder of the note as to
the balance of that note. Attorneys Salle' and Lee requested the City Council
ADOPT the Ordinance based on a stipulation of value for the property.
Attorney Donald Lee, Anderson Lee and Norris, Phone: 468-7700, represented the
applicant
Upon motion by Councilwoman McClanan, seconded by Councilman Baum, City Council
ADOPTED:
Ordinance authorizing acquisition of property in
fee simple for right-of-way and the acquisition of
temporary and permanent easements of right-of-way,
either by agreement or condemnation, to construct
the required right turn lane on Holland Road for
Parkside Green, formerly Hartford Glen.
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
January 22, 1991
1. AN ORDINANCE TO AUTHORIZE ACQUISITION OF
2 PROPERTY IN FEE SIMPLE FOR RIGHT OF WAY AND
3 THE ACQUISITION OF TEMPORARY AND PERMANENT
4 EASEMENTS OF RIGHT OF WAY, EITHER BY AGREEMENT
5 OR CONDEMNATION
6 WHEREAS, in the opinion of the Council of the City of
7 Virginia Beach, Virginia, a public necessity exists for the
8 construction of a right turn lane to provide safe transportation
9 and for other public purposes for the preservation of the safety,
10 health, peace, good order, comfort, convenience, and for the
11 welfare of the people in the City of Virginia Beach:
12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
13 OF VIRGINIA BEACH, VIRGINIA:
14 Section 1. That the City of Virginia Beach is hereby
15 authorized to acquire by purchase or condemnation pursuant to
16 Sections 15.1-236, et seq. , 15.1-898 , 15. 1-899, and Section 33 .1-
17 89 , et seq. , Code of Virginia of 1950 , as amended, all that certain
18 real property in fee simple, including temporary and permanent
19 easements of right of way as shown on the plans entitled "PROP.
20 TURN LANE FOR HARTFORD GLEN," these plans being on file in the
21 Office of Real Estate, Department of Public Works, Virginia Beach,
22 Virginia.
23 Section 2 . That the City Manager is hereby authorized
24 to make or cause to be made on behalf of the City of Virginia
25 Beach, to the extent that funds are available, a reasonable offer
26 to the owners or persons having an interest in said lands, if
27 refused, the City Attorney is hereby authorized to institute
28 proceedings to condemn said property.
29 That an emergency is hereby declared to exist and this
30 ordinance shall be in force and effect from the date of its
31 adoption.
32 Adopted by the council of the City of Virginia Beach,
33 Virginia, on the 22 day of January , 1991 .
34 CA-4017
r,�:.•ua-vea;,::•.•,rs+ .._.,,.nc:.mavefiraz. cv-u-r.
35 NONCODE\PARKSIDE.ORD
36 R-1
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SCALE: 1" = 1,600' I, sff°
DATE: 26 OCT. 1990 1
- 22 -
Item VII-H.4.
RESOLUTIONS/ORDINANCES ITEM # 34008
Upon motion by Councilman Jones, seconded by Councilman Heischober, City
Council ADOPTED:
Ordinance to authorize a temporary encroachment
into a portion of the right-of-way of Ocean View
Avenue to William P. Edmondson, Jr. and Betty R.
Edmondson (4805 Lauderdale Avenue) re construction
of an elevated walkway, in Chesapeake Park,
(BAYSIDE BOROUGH).
The following conditions shall be required:
1. The owner agrees to remove the encroachment when
notified by the City of Virginia Beach, at no
expense to the City.
2. The owner agrees to keep and hold the City free and
harmless of any liability as a result of the
encroachment.
3. The owner agrees to maintain said encroachment so
as not to become unsightly or a hazard.
4. The owner or his agent must obtain a permit from
the Waterfront Operations Division of Public Works
Engineering prior to commencing work within the
City's property.
5. The owner agrees to make any above ground
encroachments conform to the minimum setback
requirements, as established by the Department of
Permits and Inspections.
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
Taniiarnr 99 1001
1
2 AN ORDINANCE TO AUTHORIZE
3 A TEMPORARY ENCROACHMENT
4 INTO A PORTION OF THE
5 RIGHT-OF-WAY OF OCEAN VIEW
6 AVENUE TO WILLIAM P.
7 EDMONDSON, JR. AND BETTY
8 R. EDMONDSON, THEIR HEIRS,
9 ASSIGNS AND SUCCESSORS IN
10 TITLE
11 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
12 BEACH, VIRGINIA:
13 That pursuant to the authority and to the extent thereof
14 contained in Section 15. 1-893 , Code of Virginia, 1950, as amended,
15 William P. Edmondson, Jr. , and Betty R. Edmondson, their heirs,
16 assigns and successors in title are authorized to construct and
17 maintain a temporary encroachment into the right-of-way of Ocean
18 View Avenue.
19 That the temporary encroachment herein authorized is for
20 the purpose of constructing and maintaining a 4 ' x 4 ' walkway,
21 approximately 70 feet in length, and that said encroachment shall
22 be constructed and maintained in accordance with the City of
23 Virginia Beach Public Works Department' s specifications as to size,
24 alignment and location, and further that such temporary
25 encroachment is more particularly described as follows:
26 An area of encroachment into a
27 portion of the City' s right-of-way
28 known as Ocean View Avenue, on the
29 certain plat entitled: " SITE PLAN
30 LOTS 18 & 19 - BLOCK 17 CHESAPEAKE
31 PARK MB. 4 P. 47 BAYSIDE BOROUGH
32 SCALE 1"=30 ' 16 FEB. 1990, " a copy
33 of which is on file in the Department
34 of Public Works and to which
35 reference is made for a more
36 particular description.
37 PROVIDED, HOWEVER, that the temporary encroachment herein
38 authorized shall terminate upon notice by the City of Virginia
39 Beach to William P. Edmondson, Jr. , and Betty R. Edmondson, their
40 heirs, assigns and successors in title and that within thirty ( 30)
41 days after such notice is given, said encroachment shall be removed
42 from the City' s right-of-way of Ocean View Avenue and that William
43 P. Edmondson, Jr. , and Betty R. Edmondson, their heirs, assigns and
44 successors in title shall bear all costs and expenses of such
45 removal.
46 AND, PROVIDED FURTHER, that it is expressly understood
47 and agreed that William P. Edmondson, Jr. , and Betty R. Edmondson,
48 their heirs, assigns and successors in title shall indemnify and
49 hold harmless the City of Virginia Beach, its agents and employees
50 from and against all claims, damages, losses and expenses including
51 reasonable attorney' s fees in case it shall be necessary to file
52 or defend an action arising out of the location or existence of
53 such encroachment.
54 AND, PROVIDED FURTHER, LiicIL the party of the second part
55 agrees to maintain said encroachment so as not to become unsightly
56 or a hazard.
57 AND, PROVIDED FURTHER, that the party of the second part
58 agrees to obtain a permit from the Waterfront Operations Division
59 of Public Works Engineering prior to commencing any construction
60 within the City' s property.
61 AND, PROVIDED FURTHER, that the party of the second part
62 agrees to make any above ground encroachments conform to the
63 minimum setback requirements as established by the Department of
64 Permits and Inspections.
65 AND, PROVIDED FURTHER, that this ordinance shall not be
66 in effect until such time that William P. Edmondson, Jr. , and Betty
67 R. Edmondson, execute an agreement with the City of Virginia Beach
68 encompassing the aforementioned provisions.
69 Adopted by the Council of the City of Virginia Beach,
70 Virginia, on the 22 day of January , 1991
ie
iL, .. PROVED AS TO CONTENT
MASS C.Olatt15.61.
;:llyrRE
iO'ai
DEPARTMENT
THIS AGREEMENT, made this day of �,�. .. r
191j') , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a
municipal corporation, party of the first part, and WILLIAM P.
EDMONDSON, JR. , and BETTY R. EDMONDSON, husband and wife, THEIR
HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, party of the second part.
WITNESSET H:
That, WHEREAS, it is proposed by the party of the
second part to construct and maintain a four foot wide elevated
walkway, approximately 70 feet long, in the City of Virginia
Beach; and
WHEREAS, in constructing and maintaining such four foot
wide elevated walkway, it is necessary that the said party of the
second part encroach into a portion of an existing City right-
of-way known as Ocean View Avenue; and said party of the second
part has requested that the party of the first part grant a
temporary encroachment to facilitate such four foot wide elevated
walkway within a portion of the City' s right-of-way known as
Ocean View Avenue.
NOW, THEREFORE, for and in consideration of the
premises and of the benefits accruing or to accrue to the party
of the second part and for the further consideration of One
Dollar ( $1. 00) , in hand paid, to the said party of the first
part, receipt of which is hereby acknowledged, the party of the
first part doth grant to the party of the second part a temporary
encroachment to use a portion of the City' s right-of-way known
as Ocean View Avenue for the purpose of constructing and
maintaining such four foot wide elevated walkway.
It is expressly understood and agreed that such
temporary encroachment will be constructed and maintained in
accordance with the laws of the Commonwealth of Virginia and the
City of Virginia Beach, and in accordance with the City of
Virginia Beach Public Works Department' s specifications and
approval as to size, alignment and location and is more
particularly described as follows, to wit:
An area of encroachment into a portion of
the City' s right-of-way known as Ocean View
Avenue as shown on that certain plat
entitled: "SITE PLAN LOTS 18 & 19 - BLOCK
17 CHESAPEAKE PARK MB. 4 P. 47 BAYSIDE
BOROUGH SCALE 1"=30 ' 16 FEB. 1990," a copy
of which is attached hereto as Exhibit "A"
and to which reference is made for a more
particular description.
It is further expressly understood and agreed that the
temporary encroachment herein authorized shall terminate upon
notice by the City of Virginia Beach to the party of the second
part, and that within thirty ( 30) days after such notice is
given, such temporary encroachment shall be removed from the
City' s right-of-way known as Ocean View Avenue by the party of
the second part; and that the party of the second part shall bear
all costs and expenses of such removal.
It is further expressly understood and agreed that the
party of the second part shall indemnify and hold harmless the
City of Virginia Beach, its agents and employees, from and
against all claims, damages, losses and expenses including
reasonable attorney' s fees in case it shall be necessary to file
2
or defend an action arising out of the location or existence of
such temporary encroachment.
It is further expressly understood and agreed that
nothing herein contained shall be construed to enlarge such
permission and authority to permit the maintenance or
construction of any encroachment other than that specified herein
and to the limited extent specified herein, nor to permit the
maintenance and construction of any encroachment by anyone other
than the party of the second part.
It is further expressly understood and agreed that the
party of the second part agrees to maintain said encroachment so
as not to become unsightly or a hazard.
It is further expressly understood and agreed that the
party of the second part must obtain a permit from the
Waterfront Operations Division of Public Works Engineering prior
to commencing any construction within the City' s property.
It is further expressly understood and agreed that any
above ground encroachments shall conform to the minimum setbacks
requirements, as established by the Department of Permits and
Inspections.
It is further expressly understood and agreed that the
party of the first part, upon revocation of such authority and
permission so granted, may remove any such encroachment and
charge the cost thereof to the party of the second part, and
collect the cost in any manner provided by law for the collection
of local or state taxes; may require the party of the second part
3
to remove such temporary encroachment; and pending such removal,
the party of the first part may charge the party of the second
part compensation for the use of such portion of the City' s
right-of-way encroached upon the equivalent of what would be the
real property tax upon the land so occupied if it were owned by
the party of the second part; and if such removal shall not be
made within the time ordered hereinabove by this Agreement, the
City shall impose a penalty in the sum of One Hundred Dollars
( $100. 00) per day for each and every day that such encroachment
is allowed to continue thereafter, and shall collect such
compensation and penalties in any manner provided by law for the
collection of local or state taxes.
IN WITNESS WHEREOF, William P. Edmondson, Jr. , and
Betty R. Edmondson, husband and wife, the said party of the
second part has caused this Agreement to be executed by his
signature and seal duly affixed. Further, that the City of
Virginia Beach has caused this Agreement to be executed in its
name and on its behalf by its City Manager and its seal
1r--------------710,e hereunto affixed and attested by its City Clerk.
1 r", ' CITY OF VIRGINIA BEACH
Y
{ ;; By
`! �` > City Manager
'(SEAL)
I � A ' ATTEST:
' . City Clerk
1 11
1/1 %) 72
APPROVED AS TO CONTE i Ti. (✓ f 4/ /0, /al 2 f/
NT William P. Edmo 4son, Jr.
9,2Sksi___C).__Q4E __
• SIG TURF 4
CCSt
DEPARTMENT
Betty R`. Edmondson
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I , , a Notary
Public in and for the City and State aforesaid, do hereby certify
that AUBREY V. WATTS, JR. , City Manager for the CITY
OF VIRGINIA BEACH, whose name is signed to the foregoing
Agreement bearing date on the _ day of
19 , has acknowledged the same before me in my City and State
aforesaid.
GIVEN under my hand this day of ,
19
Notary Public
My Commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I , , a Notary Public
in and for the City and State aforesaid, do hereby certify that
RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH,
whose name is signed to the foregoing Agreement bearing date on
the day of , 19 , has acknowledged the
same before me in my City and State aforesaid.
GIVEN under my hand this day of
19 .
5
•
Notary Public
My Commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I , k.•i. (6 70 czA, , a Notary Public
in and for the City and State aforesaid, do hereby certify that
William P. Edmondson, Jr. , and Betty R. Edmondson, whose names
are signed to the foregoing writing, bearing date the )o day
ofity{ emr- ¢r 1913 , have acknowledged the same
before me in my City and State aforesaid.
Given under my hand this a ) day of
e�3 e m4� r , 1.9 1(.}
vr��t Lk)J. (;rc
Nota y Public
My Commission Expires: H-30-9+
6
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SITE PLAN
LOTS 18 8 19 — BLOCK 17
CHESAPEAKE PARK
CUT nc 13
- 23 -
Item VII-H.5.
RESOLUTIONS/ORDINANCES ITEM # 34009
Upon motion by Counciilman Heischober, seconded by Vice Mayor Fentress, City
Council ADOPTED:
Ordinance to TRANSFER $149,970 from the Regional
Jail Study funds to the Tax Exemption program for
the Elderly and Disabled.
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
- 24 -
Item VII-H.6.
RESOLUTIONS/ORDINANCES ITEM # 34010
Upon motion by Vice Mayor Fentress, seconded by Councilman Clyburn, City
Council APPROVED:
LOW BID:
REID ASSOCIATES, INC. Central Heat Plant $2,990.678
Judicial Center
(CIP 3-977)
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
January 77 1001
- 25 -
Item VII-H.7.
RESOLUTIONS/ORDINANCES ITEM # 34011
Upon motion by Councilman Jones, seconded by Councilman Sessoms, City Council
APPROVED:
Request to recognize Witchduck Point as a 51%
Neighborhood Sanitary Sewer Project in the Bayside
Borough; and, authorize $1,600,000 for this project
be included in the FY 1992-1996 Capital Improvement
Program.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr. , Robert W.
Clyburn, Vice Mayor Robert E. Fentress, 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 Abstaining:
Harold Heischober
Council Members Absent:
None
Councilman Heischober ABSTAINED because he resides within the geographical area
of this Sanitary Sewer Project.
Taniiary 77 1001
- 26 -
Item VII-I.1.
PUBLIC HEARING ITEM # 34012
PLANNING
Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on:
PLANNING
(a) CHARLES E. FALK, SR. STREET CLOSURE
(b) WATER OAKS CONDOMINIUM VARIANCE
COUNCIL OF OWNERS, INC.
(c) LEILANA PIERCE VARIANCE
(d) FIRST COLONIAL MEDICAL AND CONDITIONAL ZONING CLASSIFICATION
PROFESSIONAL BUILDING
(e) SUE P. AND JOE TEMPLETON AND
H. MICHAEL AND PATRICIA A. TACORONTE CONDITIONAL ZONING CLASSIFICATION
(f) TIDEWATER PSYCHIATRIC INSTITUTE, INC. CONDITIONAL USE PERMIT
(g) CITY ZONING ORDINANCE AMENDMENTS: Article 1: Rural Preservation
Overlay
Conditional Zoning
Fences and Walls
Article 4: REPEAL: Agricultural
Lands Area Overlay
District
CREATE: Rural Preser-
vation District
ZONING MAPS OF THE CITY OF VIRGINIA BEACH AMEND/REORDAIN location of prop-
erty to be subject to the Rural
Preservation Overlay District
MASTER STREET AND HIGHWAY PLAN AMEND: ADD: Certain Roads
RELOCATE: Certain Roads
DELETE: Certain Roads
o) inns
- 27 -
Item VII-I.1.a.
PUBLIC HEARING
PLANNING ITEM # 34013
Attorney Bill Bishoff, 1608 Ray Way, Phone: 490-6000, represented the applicant
Upon motion by Councilwoman McClanan, seconded by Councilman Heischober, City
Council AUTHORIZED FINAL APPROVAL of an Ordinance upon application of CHARLES
E. FALK, SR. for the discontinuance, closure and abandonment of a portion of
Fern Ridge Road.
Application of Charles E. Falk, Sr. for the
discontinuance, closure and abandonment of a
portion of Fern Ridge Road beginning at the
southeastern boundary of Lynnhaven Parkway and
running in a southeastern direction a distance of
135 feet more or less. More detailed information is
available in the Department of Planning. PRINCESS
ANNE BOROUGH.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr. , Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba
S. McClanan, Mayor Meyera E. Oberndorf, Nancy K.
Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
CITY OF VIRGINIA BEACH,
Grantor,
to
CHARLES E. FALK, SR. and
KATHERYN L. FALK,
Grantees .
ORDINANCE NO.
IN THE MATTER OF THE CLOSING,
VACATING AND DISCONTINUING
A PORTION OF THAT CERTAIN STREET,
KNOWN AS FERN RIDGE ROAD,
AS SHOWN UPON THAT CERTAIN
PLAT ENTITLED "RESUBDIVISION OF
PARCELS 1 AND 2, SUBDIVISION
OF PROPERTY FOR ANLAR CORP.
AND MANAS CORP. WHICH PLAT
IS ATTACHED HERETO.
WHEREAS, it appearing by affidavit that proper notice has
been given by Charles E. Falk, Sr. that he would make
application to the Council of the City of Virginia Beach,
Virginia, on January 8, 1990, to have the hereinafter described
street discontinued, closed and vacated; and
WHEREAS, it is the judgment of the Council that a portion
of the hereinafter described said street be discontinued,
closed and vacated;
NOW THEREFORE,
SECTION I
BE IT ORDAINED by the Council of the City of Virginia
Beach, Virginia, that the hereinafter described portion of said
street be discontinued, closed and vacated:
GPIN NO. 1496-01-8474
.II..
Beginning at a point, said point being 2,062 feet ±
in a northeasterly direction from the southeast
corner of Holland Road and Lynnhaven Parkway; thence
S 30° 24 ' 02" E, 11 . 08 feet to the true point of
beginning; thence along the southern right-of-way of
Lynnhaven Parkway along a curve to the right having a
radius of 708. 00 feet and an arc length of 67 .69 feet
to a point; thence turning and running S 07° 39 ' 04"
W, 109 . 78 feet to a point; thence N 30° 24 ' 02" W,
85 . 86 feet to the point of beginning.
The above described parcel contains 0 . 068 acres.
Save and except that certain Public Utility Easement which
is shown on the Plat attached hereto and is further described
in that certain Deed of Easement dated the 9th day of
January, 1991, which is recorded in the Clerk' s Office of
the Circuit Court of the City of Virginia Beach, Virginia.
All of the above, as shown on the shaded area of "Parcel
2A" on that certain plat and physical survey entitled
"Resubdivision of Parcels 1 and 2, Subdivision Of Property For
Anlar Corp. and Manas Corp. , " Lynnhaven Borough, Virginia
Beach, Virginia, dated November 1 , 1989, revised December 11 ,
1990, and made by Talbot & Associates, Ltd. , Virginia Beach,
Virginia.
Section II
A certified copy of this ordinance shall be filed in the
Clerk' s Office of the Circuit Court of the City of Virginia
Beach, Virginia, and indexed in the name of the City of•
Virginia Beach as Grantor and Charles E. Falk, Sr. and Kathryn
L. Falk as Grantees.
Adopted: AUTHORIZED FINAL APPROVAL: January 22, 1991
-2-
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EXEMPTED FROM RECORDATION
TAXES UNDER SECTIONS
58 . 1-811(A) ( 3) ,
58 . 1-811(C) (4 ) , AND
25 . 249
THIS DEED OF EASEMENT, made this Pin day of January,
1991, by and between CHARLES E . FALK, SR. and KATHRYN L. FALK,
Grantors, parties of the first part, and the CITY OF VIRGINIA
BEACH, a municipal corporation of the Commonwealth of Virginia,
Grantee, party of the second part.
WITNESSETH: That for and in consideration of the premises
and the benefits accruing or to accrue to the parties of the
first part, and other good and valuable consideration, the
parties of the first part do hereby grant and convey or release
with GENERAL WARRANTY their respective interest, in and to the
hereinafter described perpetual right of way and easement, to
the party of the second part, and/or its successors and
assigns, to construct, reconstruct, alter, operate and maintain
sewer, water and/or drainage facilities in, under, upon and
across lands and property of the parties of the first part,
including the right of ingress and egress to the same,
described as follows :
Beginning at a point, said point being 2 , 062 feet ±
in a northeasterly direction from the southeast
corner of Holland Road and Lynnhaven Parkway; thence
S 30 ' 24 ' 02 " E, 11 . 08 feet to a point; thence along
a curve to the right having a radius of 708 . 00 feet
and an arc length of 6 . 10 feet to the true point of
beginning; thence continuing along a curve to the
right having a radius of 708 . 00 feet, an arc length
of 30 . 00 feet to a point; thence S 31' 24 ' 07 " E,
39 . 99 feet to a point; thence S 07 ' 39 ' 04 " W, 44 . 19
frPid of- 347t-
feet to a point; thence N 38° 53 ' 49 " W, 16 . 57 feet
to a point; thence N 31 24 ' 07 " W, 57 . 60 feet to the
point of beginning.
The above described easement contains 1732 . 9 square
feet or 0 . 040 acre.
It is agreed between the parties hereto that the party of
the second part and its agents, assigns, 'and/or successors
shall have the right to inspect the said easement and to cut
and clean all undergrowth and other obstructions in and along
the said easement or adjacent thereto that may in any way
endanger or interfere with the proper use of same.
The said parties of the first part covenant that they are
seized in fee simple of the said property; that they have the
right to convey the same unto the said party of the second
part; that the party of the second part shall have quiet and
peaceable possession of the same, free from all encumbrances;
and that the parties of the first part will execute such
further assurances of title as may be requisite.
The parties of the first part agree that the said party of
the second part shall not be liable for any maintenance work
whatsoever to the areas encompassed in these easements except
if said party of the second part is required to perform
excavation within the easements in order to effectuate
maintenance or repair of utilities that are dedicated to the
City. All other maintenance of the land encompassed by these
easements shall be done by the parties of the first part and
the City shall have no duty or liability to perform any routine
-2-
•
maintenance work in these easements other than that work which
arises out of maintaining or repairing the utilities .
The owner agrees that when requested by the City, owner
shall remove all fence(s) , structure(s) , landscaping or vehicle
parking within 48 hours of receipt of written notice requesting
such removal . Except that in an emergency; or failure to
remove after written notice; party of the second part will
remove, or have removed by others, any impediment to access,
maintenance or operation and parties of the first part agree
they are responsible for the cost of removal and replacement of
said fence(s) , structure(s) , landscaping or vehicle parking at
their sole expense.
The parties of the first part covenant and agree for
themselves, their heirs, assigns and successors, that the
consideration of the aforementioned shall be in lieu of any and
all claims of compensation and damages by reason of the
location, construction, reconstruction, alteration or
maintenance of said facility.
Witness the following signatures and seals :
,i
"14``?'C % �� 7 By l 1, Z-, l /�(I) / (SEAL) .
CHARLES E. FAQ,
l' 6 I i / / T/E S
� . By /U (SEAL)
K THRYL L. FALK
SUr Fi NC'( /of
✓� °l, i i\PF rov U A TO C`c.JN i'ENT
CITY ATTORNEY —3— (2/1))) _ C ._claw"n
I '? r SIC' R RCE
DEIA.RTMENT
4e
=nla ubscrAred and sworn to before me this .-"744 day of
e , 6, by Charles E . Falk, Sr. and Kathryn L. Falk.
7-1-mi:11, /4'0
NOTARY P IC /�/�
My commission expires : AUltd3l /' 7'/
-4-
4
- 28 -
Item VII-I.l.b.
PUBLIC HEARING
PLANNING ITEM # 34014
Judith K. Connors, 3958 Whispering Oaks Place, Phone: 464-3640, represented the
the Water Oaks Condominium.
Attorney J. T. Cutler, 3968 Whispering Oaks Place, Phone: 464-5256, represented
the Water Oaks Condominium.
Mayor Oberndorf advised the City Council received a letter in OPPOSITION from
Mr. James R. Healey. Said letter is hereby made a part of the record.
Upon motion by Councilman Jones, seconded by Councilman Heischober, City
Council APPROVED the application of WATER OAKS CONDOMINIUM COUNCIL OF OWNERS,
INC. for a Variance to Section 4.4(d) of the Subdivision Ordinance which
requires all lots created by Subdivision to have direct access to a public
street.
Application of Water Oaks Condominium Council of
Owners, Inc. for a Variance to Section 4.4(d) of
the Subdivision Ordinance, Subdivision of Water
Oaks Condominium Council of Owners, Inc. Property
is located at the intersection of Shady Oaks Drive
and Aries Way. BAYSIDE BOROUGH.
The following condition shall be required:
1. No further subdivision of this property is to
occur.
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
nn 11111
- 29 -
Item VII-I.l.c.
PUBLIC HEARING
PLANNING ITEM # 34015
Attorney Ed Hudgins, Lynnhaven Parkway, Phone: 481-0537, represented the
applicant
Upon motion by Councilman Brazier, seconded by Councilman Sessoms, City Council
APPROVED the application of LEILANI PIERCE for a Variance to Section 4.4(d) of
the Subdivision Ordinance which requires all lots created by subdivision to
have direct access to a public street.
Appeal from Decisions of Administrative Officers in
regard to certain elements of the Subdivision
Ordinance, Subdivision for Leilani Pierce. Property
is located at 1642 Duke of Windsor Road. LYNNHAVEN
BOROUGH.
The following condition shall be required:
1. Approval is subject to acquisition of permits
related to the Chesapeake Bay Preservation Act
necessary to develop the proposed lots.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr. , Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba
S. McClanan, Mayor Meyera E. Oberndorf, Nancy K.
Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 30 -
Item VII-I.1.d.
PUBLIC HEARING
PLANNING ITEM # 34016
Attorney Edward Bourdon, Pembroke One - Fifth Floor, Phone: 499-8971,
represented the applicant and initially requested DEFERRAL.
John Herzke, Traffic Engineer, distributed two drawings illustrating access to
the site. The proposed driveway, if installed on Wolfsnare Road, was
superimposed on one drawing to indicate visibility. On the second drawing, a
sight distance from Glenfield Court was also depicted. By clearing the
vegetation, the sight distance would be increased. Said drawings are hereby
made a part of the record.
The following registered in OPPOSITION:
Captain L. K. Fenlon, Jr. , 2224 Scallop Road, Phone: 428-2508, represented the
Great Neck Association of Civic Leagues
Richard C. Schuler, 808 Mae Place, Phone: 428-9148
Seth Pillsbury, 2037 Wolfsnare Road, Phone: 486-9635
Ellen Medlin, 2109 Wolfsnare Road, Phone: 340-1914, represented the Wolfsnare
Acres Civic League
Cathy Haley, 2029 Wolfsnare Road, Phone: 463-0525, represented the Wolfsnare
Acres Civic League.
Dr. Philip J. Laroche, 921 Glenfield Court, Phone: 425-1334, represented the
Wolfsnare Acres Civic League and Virginia Beach Methodist Church. Dr. Laroche
presented a petition containing 156 signatures of Members and Friends of
Virginia Beach United Methodist Church and a petition containing 44
signatures of the residents of Glenfield Court in OPPOSITION. Said petitions
are hereby made a part of the record.
Nelson Brown, 929 Eastern Shore Road, Phone: 422-4565, represented the
Wolfsnare Acres Civic League. Mr. Brown distributed an Executive Summary of
the Court Case on January 10, 1989, whereby the Action of the Board of Zoning
Appeals was reversed. Said Summary is hereby made a part of the record.
A MOTION was made by Councilman Brazier, seconded by Councilman Sessoms to
DEFER the application of FIRST COLONIAL MEDICAL AND PROFESSIONAL BUILDING for a
Conditional Zoning Classification from R-15 Residential District to 0-2 Office
District on the North side of Wolfsnare Road, 433.76 feet West of First
Colonial Road, containing 14,374.80 square feet (LYNNHAVEN BOROUGH).
Voting: 4-7 (MOTION LOST TO A NEGATIVE VOTE)
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr. , Vice Mayor
Robert E. Fentress and William D. Sessoms, Jr.
Council Members Voting Nay:
Robert W. Clyburn, Harold Heischober, Louis R. Jones,
Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E.
Oberndorf and Nancy K. Parker
Council Members Absent:
None
- 31 -
Item VII-I.1.d.
PUBLIC HEARING
PLANNING ITEM # 34016 (Continued)
Upon motion by Councilman Brazier, seconded by Councilman Clyburn, City Council
DENIED an Ordinance upon application of FIRST COLONIAL MEDICAL AND PROFESSIONAL
BUILDING for a Conditional Zoning Classification:
ORDINANCE UPON APPLICATION OF FIRST COLONIAL
MEDICAL AND PROFESSIONAL BUILDING FOR A CONDITIONAL
ZONING CLASSIFICATION FROM R-15 TO 0-2
Ordinance upon application of First Colonial
Medical and Professional Building for a Conditional
Zoning Classification from R-15 Residential
District to 0-2 Office District on the north side
of Wolfsnare Road, 433.76 feet west of First
Colonial Road. Said parcel contains 14,374.8 square
feet. LYNNHAVEN BOROUGH.
Voting: 10-1
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr. , Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba
S. McClanan, Mayor Meyera E. Oberndorf and Nancy K.
Parker
Council Members Voting Nay:
William D. Sessoms, Jr.
Council Members Absent:
None
Councilwoman Parker DISCLOSED she is a Member of the Virginia Beach United
Methodist Church.
'o i nni
- 32 -
Item VII-I.1.e.
PUBLIC HEARING
PLANNING ITEM # 34017
Attorney Edward Bourdon, Pembroke One - Fifth Floor, Phone: 499-8971,
represented the applicant
Upon motion by Councilman Clyburn, seconded by Vice Mayor Fentress, City
Council ADOPTED an Ordinance upon application of SUE P. AND JOE TEMPLETON AND
H. MICHAEL AND PATRICIA A. TACORONTE for a Conditonal Zoning Classification:
ORDINANCE UPON APPLICATION OF SUE P. AND JOE
TEMPLETON AND H. MICHAEL AND PATRICIA A. TACORONTE
FOR A CONDITIONAL ZONING CLASSIFICATION FROM 0-2 TO
B-lA Z01911297
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Sue P. and Joe
Templeton and H. Michael and Patricia A. Tacoronte
for a Conditional Zoning Classification from 0-2
Office District to B-IA Neighborhood Business
District on the south side of Providence Road, 230
feet east of the intersection with Old Providence
Road. The proposed zoning classification change is
for commercial land use. The Comprehensive Plan
recommends use of this parcel for commercial
development. The parcel is located at 5637
Providence Road and contains 20,000 square feet.
More detailed information is available in the
Department of Planning. KEMPSVILLE BOROUGH.
The following condition shall be required:
1. An agreement encompassing proffers shall be
recorded with the Clerk of the Circuit Court and is
hereby made a part of the proceedings.
This Ordinance shall be effective in accordance with Section 107 (f) of the
Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-
second day of January, Nineteen Hundred and Ninety-One.
- 33 -
Item VII-I.1.e.
PUBLIC HEARING
PLANNING ITEM # 34017 (Continued)
Voting: 8-3
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 and
William D. Sessoms, Jr.
Council Members Voting Nay:
Reba S. McClanan, Mayor Meyera E. Oberndorf and Nancy
K. Parker
Council Members Absent:
None
1�T1loYA 09 1001
JOE D. TEMPLETON, et ux, et al
TO (COVENANTS AND CONDITIONS)
CITY OF VIRGINIA BEACH
THIS AGREEMENT, made this 26th day of July, 1990, by
and between JOE D. TEMPLETON and SUE P. TEMPLETON, husband and
wife, and H. MICHAEL TACORONTE and PATRICIA A. TACORONTE,
husband and wife, collectively, Grantor, parties of the first
part , and CITY OF VIRGINIA BEACH, a municipal corporation of
the Commonwealth of Virginia, Grantee, party of the second part .
WITNESSETH
WHEREAS, Grantor is the owner of a certain parcel of
property located in the Kempsville Borough of the City of
Virginia Beach, containing approximately sixteen thousand seven
hundred seventy square feet and described in Exhibit "A"
attached hereto and incorporated herein by this reference,
said property hereinafter referred to as the "Property" ; and
WHEREAS, the Grantor has initiated a conditional
amendment to the Zoning Map of the City of Virginia Beach,
Virginia, by petition addressed to the Grantee so as to change
the zoning classification of the Property from 0-2 Office
District to B-lA Limited Community Business District; and
WHEREAS, the Grantee ' s policy is to provide only for
the orderly development -If land for various purposes th_ Dugh
zoning and other land development legislation; and
WHEREAS, the Grantor acknowledges that the competing
and sometimes incompatible development of various types of uses
conflict and that in order to permit differing types of uses on
and in the area of the Property and at the same time to
recognize the effects of change that will be created by the
Grantor ' s proposed re-zoning , certain reasonable conditions
;UY.CR . BETZ
&SYKES.YKES. PP.0governing the use of the Property for the protection of the
.
ATTORNEYS AT LAW
community that are not generally applicable to land similarly
zoned are needed to resolve the situation to which the
Grantor ' s re-zoning application gives rise; and
WHEREAS, the Grantor has voluntarily proferred, in
writing , in advance of and prior to the public hearing before
the Grantee, as a part of the proposed amendment to the Zoning
Map with respect to the Property, the following reasonable
conditions related to the physical development, operation, and
use of the Property to be adopted as a part of said amendment
to the Zoning Map relative and applicable to the Property,
which has a reasonable relation to the re-zoning and the need
for which is generated by the re-zoning .
NOW, THEREFORE, the Grantor, for themselves , their
successors , personal representatives, assigns, grantees , and
other successors in title or interest, voluntarily and without
any requirement by or exaction from the Grantee or its
governing body and without any element of compulsion or quid
pro quo for zoning , re-zoning, site plan, building permit, or
subdivision approval, hereby makes the following declaration of
conditions and restrictions which shall restrict and govern the
physical development, operation, and use of the Property and
hereby covenants and agrees that this declaration shall
constitute covenants running with the Property, which shall be
binding upon the Property and upon all parties and persons
claiming under or through the Grantor, their successors ,
personal representatives , assigns , grantees, and other
successors in interest or title :
1 . Grantor is maintaining the offices of their 1
business known as "Oxygen Specialties , Inc. " on the premises .
Oxygen Specialties, Inc. provides the following medically
related services to individuals , nursing/convalescent homes,
dentists and veterinarians : rental of oxygen concentrators ,
suction machines, mechanical ventilation, nasal C.P.A.P. ,
pulmonide nebulizers , liquid gas , wheel chairs , walkers,
GUY.CROMWELL. BETZ hospital beds , nitrogen, helium, nitrous oxide and specialty
&SYKES. P.C.
ATTORNEYS AT LAW gases . Grantor rents office space to Balloon Masters, Ltd .
which provide and deliver balloons and arrangements of balloons
-2-
for all occasions . Grantor utilizes the five hundred and sixty
square foot detached, fully enclosed garage on the premises for
storage . It being recognized that the retail office use as
hereinabove described is not offensive to the surrounding
neighborhood but that other retail uses permitted under zoning
classification B-lA may be incompatible, Grantor shall not
allow any other utilization of the property permitted under the
B-lA zoning classification other than as set forth in Paragraph
2 .
2 . Grantor shall be permitted to use the property
for non-retail offices as permitted under zoning classification
B-lA.
3 . So long as the property is zoned B-lA, the
existing structures on the property shall not be enlarged or
otherwise expanded. This shall not prohibit Grantor from
renovating or remodeling the existing structures or rebuilding
in the event the structures are damaged or destroyed.
4 . Grantor shall only permit one delivery per week
from its oxygen an ._ medical gas supplier . This delivery shall
not take place on a Saturday or Sunday and the 'delivery truck
shall be no greater than sixteen feet in length. Grantor has
no other supplier making regular deliveries to the property,
however, any other supplier making a delivery to the property
shall conform to these restrictions .
5 . Grantor shall provide landscape screening along
the eastern boundary of the property meeting the requirements
of Article 2 , Section 2 . 5 (Category V) and Article 3 , Section
3 . 3 of the Grantee ' s Landscaping, Screening and Buffering
Specifications and Standards .
The above conditions , having been proferred by the
UY,CROMWELL. BErZ Grantor and allowed and accepted by the Grantee as part of the
&SYKES. P.C.
ATTORNEYS AT LAW amendment to the zoning ordinance, shall continue in full force
and effect until a subsequent amendment changes the zoning of
-3-
the Property and specifically repeals such conditions . Such
conditions shall continue despite a subsequent amendment to the
zoning ordinance even if the subsequent amendment is part of a
comprehensive implementation of a new or substantially revised
zoning ordinance until specifically repealed . The conditions ,
however , may be repealed, amended, or varied by written
instrument recorded in the Clerk' s Office of the Circuit Court
of the City of Virginia Beach, Virginia , and executed by the
record owner of the Property at the time of recordation of such
instrument , provided that said instrument is consented to by
the Grantee in writing as evidenced by a certified copy of an
ordinance or a resolution adopted by the governing body of the
Grantee, after a public hearing before the Grantee which was
advertised pursuant to the provisions of Section 15 . 1-431 of
the Code of Virginia, 1950, as amended. Said ordinance or
resolution shall be recorded along with said instrument as
conclusive evidence of such consent, and if not so recorded,
said instrument shall be void .
All references hereinabove to 0-2 and B-lA Districts
and to the requirements and regulations applicable thereto
refer to the Comprehensive Zoning Ordinance and Subdivision
Ordinance of the City of Virginia Beach, Virginia, in force as
of the 26th day of July, 1990, which are by this reference
incorporated herein.
The Grantor covenants and agrees that :
(1) The Zoning Administrator of the City of Virginia
Beach, Virginia , shall be vested with all necessary authority,
on behalf of the governing body of the City of Virginia Beach,
Virginia , to administer and enforce the foregoing conditions
and restrictions , including the authority (a) to order, in
writing , that any noncompliance with such conditions be
GUY, CROMWELL. BETZ remedied, and (b) to bring legal action or suit to insure
&SYKES. P.C.
ATTORNEYS AT LAW compliance with such conditions, including mandatory or
prohibitory injunction, abatement, damages, or other
appropriate action, suit, or proceeding ;
-4-
( 2) The failure to meet all conditions and
restrictions shall constitute cause to deny the issuance of any
of the required building or occupancy permits as may be
appropriate;
(3) If aggrieved by any decision of the Zoning
Administrator, made pursuant to these provisions , the Grantor
shall petition the governing body for the review thereof prior
to instituting proceedings in court; and
(4) The Zoning Map may show by an appropriate symbol
on the map the existence of conditions attaching to the zoning
of the Property, and the ordinances and the conditions may be
made readily available and accessible for public inspection in
the office of the Zoning Administrator and in the Planning
Department, and they shall be recorded in the Clerk' s Office of
the Circuit Court of the City of Virginia Beach, Virginia, and
indexed in the names of the Grantor and the Grantee.
WITNESS the following signatures and seals :
. _ . _ (SEAL)
Joe D. Templeton
J (SEAL)
e
PT-T- •letoit
/(_Jll(.I!VV �' (SEAL)
\ H. 4 ' Tacoronte
5111
� ' c !rte !�. �4 ( e.x ` ` (SEAL)
Patricia A. Tacoronte
,UY.CROMWELL. BETZ
&SYKES. P.C.
ATTORNEYS AT LAW
-5-
EXHIBIT "A"
ALL THAT certain lot, piece or parcel of land, with the
buildings and improvements thereon, numbered 5637 Providence
Road, situate, lying and being in the City of Virginia Beach,
Virginia, known, numbered and designated as Lot 4 , as shown on
that certain plat entitled "Subdivision of Property of Dick C.
Harris" , which said plat is duly recorded in the Clerk' s Office
of the Circuit Court of the City of Virginia Beach, Virginia,
in Map Book 100, at page 3 .
•
•
1874i
UY.CROMWELL. BETZ
&SYKES.P.C.
ATTORNEYS AT LAW
- 34 -
Item VII-I.1.f.
PUBLIC HEARING
PLANNING ITEM # 34018
BY CONSENSUS, City Council REMOVED FROM THE AGENDA, DUE TO LACK OF APPROPRIATE
ADVERTISING, AND SCHEDULED for the City Council Session of February 12, 1991,
an Ordinance upon application of TIDEWATER PSYCHIATRIC INSTITUTE for a
Conditonal Use Permit:
ORDINANCE UPON APPLICATION OF TIDEWATER PSYCHIATRIC
INSTITUTE INC. FOR A CONDITIONAL USE PERMIT
Ordinance upon application of Tidewater Psychiatric
Institute, Inc. for a Conditional Use Permit for
the expansion of a hospital on certain property
located at the southwest intersection of Will-O-
Wisp Drive and Lindsley Drive. The parcel is
located at 1701 Will-O-Wisp Drive and contains 7
acres. LYNNHAVEN BOROUGH.
Tannary 77 1001
- 35 -
Item VII-I.l.g.
PUBLIC HEARING
PLANNING ITEM # 34019
Upon motion by Vice Mayor Fentress, seconded by Councilman Parker, City Council
DEFERRED to be in co-ordination with the consideration of the COMPREHENSIVE
PLAN:
Ordinances to AMEND and REORDAIN the City Zoning
Ordinance:
Article 1: Section 102(a) re Rural Preservation
Overlay District.
Section 107(h) re Conditional Zoning.
Section 201(e) re requirements for fences and
walls.
Article 4: REPEAL: Agricultural Lands Area Overlay
District;
AND,
CREATE: Rural Preservation Overlay District.
Ordinance to AMEND and REORDAIN the Zoning Maps of
the City of Virginia Beach to indicate location of
property to be subject to the Rural Preservation
Overlay District.
Ordinance to AMEND the Master Street and Highway
Plan of the City of Virginia Beach as shown on
plans on file in the Planning Department:
ADD certain roads;
RELOCATE certain roads;
AND,
DELETE certain 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
Tannarn 77 1001
- 36 -
Item VII-J.1.
APPOINTMENTS ITEM # 34020
Upon NOMINATION by Vice Mayor Fentress, City Council APPOINTED:
BOND REFERENDA COMMTT1'EE
(1986 REFERENDUM)
Cynthia M. Davenport
(no term)
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
Taniiary 77 1AA1
- 37 -
Item VII-J.2.
APPOINTMENTS ITEM # 34021
Upon NOMINATION by Vice Mayor Fentress, City Council APPOINTED:
VIRGINIA BEACH FOUNDATION DISTRIBUTION COMMITTEE
R. Dawson Taylor
One Year Term: 1/1/91 - 12/31/91
Voting: 9-1
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr. , Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Mayor
Meyera E. Oberndorf and William D. Sessoms, Jr.
Council Members Voting Nay:
Reba S. McClanan
Council Members Abstaining:
Nancy K. Parker
Council Members Absent:
None
Councilwoman Parker ABSTAINED as she did not believe the City Council needed to
vote upon this issue.
00 inns
- 38 -
Item VII-J.3.
APPOINTMENTS ITEM # 34022
Upon NOMINATION by Vice Mayor Fentress, City Council:
FRANCIS LAND HOUSE BOARD OF GOVERNORS
APPOINTED: REAPPOINTED:
Robert Callis Delores A. Burke
James K. Fletcher Judith K. Connors
Bobby J. Jenkins Gary Forrest
Nonie W. Waller Donald Fraser
Molly Rueger Glenda H. Knowles
Johnnie L. Miller
Richard E. Rumble
Mary C. Russo
James A. Stick
Janet T. Werndli
Three Year Terms: 1/1/91 - 12/31/93
EX OFFICIO:
David M. Grochmal
Director, General Services
Reba S. McClanan
Virginia Beach City Council
Harold S. Whitehurst
Director, Parks and Recreation
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
- 39 -
Item VII-K.1.
NEW BUSINESS ITEM # 34023
ADD/ON
Upon motion by Councilman Lantigne, seconded by Councilman Sessoms, City
Council ADOPTED, AS AMENDED:
Ordinance to provide Salary/Leave Incentives for
City Employees called to active duty for Operation
Desert Storm
*The verbiage "and/or sick" on line 32 shall be omitted after the word
compensatory. The verbiage "and/or" shall be added before the word
"compensatory."
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
Taniiary 77 1001
Requested by Councilmember Lanteigne
1 AN ORDINANCE TO PROVIDE SALARY/LEAVE
2 INCENTIVES FOR CITY EMPLOYEES CALLED
3 TO ACTIVE DUTY FOR OPERATION DESERT
4 STORM
5
6
7
8 WHEREAS, several City employees who are members of Armed
9 Forces reserve units have been called to active military duty in
10 response to Operation Desert Storm;
11 WHEREAS, in some instances, the compensation such City
12 employees receive from the military is less than the compensation
13 they received from the City;
14 WHEREAS, the City is proud of the sacrifice that these
15 employees and their families have made in order to ensure that all
16 of us may continue to live in a free and democratic society;
17 WHEREAS, in appreciation of that sacrifice, the City
18 wants to assist such employees with respect to any loss in pay as
19 a result of serving the country in Operation Desert Storm;
20 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
21 CITY OF VIRGINIA BEACH, VIRGINIA:
22 That, notwithstanding any City ordinance or policy to
23 the contrary, any City employee who is called to active military
24 duty in response to Operation Desert Storm and who receives less
25 compensation from the military than he or she received from the
26 City shall be entitled to receive cash for accrued annual and/or
27 compensatory leave and, to the extent annual and compensatory
28 leave are exhausted, sick leave at the hourly rate the employee
29 earned at the time he or she was called to duty, to the extent
30 necessary to make up for any differentiation in pay; and
31 That all other City employees may contribute annual
32 and/or compensatory leave to an Operation Desert Storm fund to be
33 used by any City employee serving in Operation Desert Storm who
34 does not have sufficient annual, compensatory or sick leave to
35 offset the differentiation in his or her military and City
36 salaries. The value of contributed leave shall be based on the
37 hourly rate of pay of the employee who makes the contribution.
38 This Ordinance shall become effective immediately upon
39 its adoption.
40 Adopted this 22nd day of January, 1991 .
41
42 CA-4083
43 R-3
44 Noncode\Leave.Ord
2
- 40 -
Item VII-L.
ADJOURNMENT ITEM # 34024
Upon motion by Councilman Baum, and BY CONSENSUS, City Council ADJOURNED the
Meeting at 8:38 P.M.
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BeverlP 0. Hooks
Chief Deputy City Clerk
(14.4a1 ..
uth Smith, CMC /fa1 (0(?,
Smith, Mey ra Oberndorf
Hod es
City Clerk Mayor
City of Virginia Beach
Virginia
1001