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AUGUST 27, 1996 MINUTES Cit@ C>f 'Vit-Wi@iek 13@ek@" "WORLD'S LARGEST RESORT C"" CITY COUNCIL MAYOR MEYERA E. OBERNDORF, At Large VICE MAYOR WILLIAM D. SESSOMS, JR, At Large JOHN A. BAUM, Blackwater Borough LINWOOD O. BRANCH, III, Virginia Beach Borough WILLIAM W HARRISON. JR, Lynnhaven Borough HAROLD HEISCHOBER, At Large BARBARA M. HENLEY, Pungo Borough LOUIS R. JONES, Bayside Borough REBA S. McCLANAN, Princess Anne Borough NANCY K. PARKER, At Large LOUISA M. STRAYHORN, Kempsville Borough CITY HALL BUIWING JAMES K. SPORE, City Manager CITY COUNCIL AGENDA 2@f COURTHOUSE DRIVE LESLIE L. LILLEY, City Attorney VIRGINIA BEACH, VIRGINIA 23456 "5 11,57, @27 4@iO3 RUTH HODGES SMITH, CMC/AAE, City Clerk AUGUST 27, 1996 I. CITY MANAGER'S BRIEFINGS - Conference Room - 3:30 PM A. YEAR-END FUND BALANCE - INTERIM FINANCIAL REPORT Patricia A. Phillips, Director, Finance B. MULTI-PURPOSE STADIUM Donald L. Maxwell, Director, Economic Development II. AGENDA REVIEW SESSION III. CITY COUNCIL CONCERNS IV. INFORMAL SESSION - Conference Room - 5:30 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO EXECUTIVE SESSION V. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Barnett Thoroughgood New Jerusalem Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF EXECUTIVE SESSION F. MINUTES 1. INFORMAL & FORMAL SESSIONS August 13, 1996 G. ADOPT AGENDA FOR FORMAL SESSION H. CONSENT AGENDA The Consent Agenda will be determined during the Agenda Review Session and considered in the ordinary course of business by City Council to be enacted by one motion. I. ORDINANCES/RESOLUTIONS 1. Ordinance to authorize acquisition of property in fee simple for right-of-way for Shore Drive intersection improvements (CIP 2-133) and acquisition of temporary and permanent easements, either by agreement or condemnation. 2. Multi-Purpose Sports Stadium: a. Ordinance to establish a Multi-Purpose Sports Stadium (CIP #9-003); and, APPROPRIATE $100,000 from the fund balance of the General Fund for preliminary planning and design. b. Resolution to direct the City Manager to develop an Agreement of Understanding with the Virginia Beach Development Authority: (1) Identification and negotiation of the terms of a transfer by the City of a site for a proposed Multi-Purpose Sports Stadium; (2) Identification of funding sources necessary to design and construct said stadium; (3) Design and construction; (4) Negotiation of the terms of a long-term lease; and, (5) Request the Authority to proceed with preliminary planning and design. 3. Resolution to confirm the intent and understanding of the City Council re the Conditional Use Permit (CUP) granted to Tidewater Westminster Homes, Incorporated, for a home for the aged at Shore Drive and Sunstates Court (LYNNHAVEN BOROUGH). (Sponsored by Councilman W. W. Harrison, Jr.) 4. Tax Refunds: $4,151.18. J. PUBLIC HEARING - PLANNING 7:00 PM PLANNING BY CONSENT - To be determined during the Agenda Review Session. 1. PLANNING a. Application of LEDESA LAND COMPANY, a Virginia General Partnership, for the discontinuance, closure and abandonment of a portion of a fifteen-foot (15') alley located between Lots 9 and 21, Block 20, Croatan Beach, containing 750 square feet (PRINCESS ANNE BOROUGH). Recommendation: APPROVAL b. Application of ROBIN L. ROSS for a Conditional Use Permit for a home occupation (child care) on Lot 14, Kempsville Heights, Section 2 (5156 Allyne Road), containing 15,000 square feet (KEMPSVILLE BOROUGH). Recommendation: APPROVAL C. Application of JESSE FRANKLIN JACKSON III for a Conditional Use Permit for a day care and education center on the South side of Dahlia Drive, 110 feet more or less West of Windmill Drive (1591 Dahlia Drive), containing 24,001.56 square feet (KEMPSVILLE BOROUGH). Recommendation: APPROVAL d. Application of ENTERPRISE LEASING - RAY MOSS for a Conditional Use Permit for motor vehicle rentals in the Holland Plaza Shopping Center, #14, at the Northwest intersection of South Plaza Trail and Holland Road, containing 20 acres (KEMPSVILLE BOROUGH). Recommendation: APPROVAL e. Application of NEIGHBORHOOD ASSEMBLY OF GOD for a Conditional Use Permit for a church on the East side of Princess Anne Road, South of Vaughan Road (1196 Princess Anne Road), containing 11.649 acres (PUNGO BOROUGH). Recommendation: APPROVAL f. Application of CENTURY TOWING SERVICE, INC. for a Conditional Use Permit for an automobile bulk storage yard on the West side of Davis Street, 573.05 feet North of Virginia Beach Boulevard (409 Davis Street), containing 22,000 square feet (BAYSIDE BOROUGH). Recommendation: DENIAL g. Application of C & C DEVELOPMENT, L.L.C., for a Change of Zoning District Classification from R-7.5 Residential District and B-2 Community Business District to Conditional B-1 Neighborhood Business District at the Southeast corner of Newtown Road and Connie Lane, containing 1.906 acres (BAYSIDE BOROUGH). Recommendation: APPROVAL h. Application of McGINNIS REALTY AND DEVELOPMENT COMPANY for a Change of Zoning District Classification from R-40 Residential District, containing 7.1 acres, and from R-10 Residential District, containing 10.553 acres, to Conditional R-10 Residentiall District, 400 feet more or less East of Diamond Springs Road beginning at a point 920 feet more or less North of Fallbrook Bend, containing 17.653 acres (BAYSIDE BOROUGH). Recommendation: APPROVAL i. Application of CENTURY MARK DEVELOPMENT GROUP, L.L.C. for a Change of Zoning District Classification from AG-1 and AG-2 Agricultural Districts to Conditional R-5S Residential District on the East side of Holland Road beginning at a point 140 feet more or less North of Saville Garden way, containing 17.22 acres more or less (PRINCESS ANNE BOROUGH). Recommendation: APPROVAL J. Application of OLIVE W. MALBON for a Modification of Conditions placed on a rezoning (Approved 22 June 1987) from AG-2 Agricultural District to I-1 Light Industrial District at the Northwest intersection of Dam Neck Road and Harper's Road, containing 9.9 acres (PRINCESS ANNE BOROUGH). Staff Recommendation: APPROVAL Planning Recommendation: DENIAL k. Applications of the CITY OF VIRGINIA BEACH to AMEND and REORDAIN the City Zoning Ordinance: (1) Set-back Requirements - Section 501(b) re reduction of side and rear yard set-back requirements for certain accessory structures within the R-7.5, R- 5D, R-5R and R-5S Residential Zoning Districts. Recommendation: APPROVAL (2) Drive-thru Facilities - Sections 701, 801, 901, 1001, 1501, 1511, 1521 and 1531 re use regulations. (a) Section 111, by ADDING a definition of a drive-thru facility and walk-up service. (b) Section 203 re stack lane requirements for drive-thru facilities; and, reducing parking requirements where walk-up service is provided. (c) REPEAL Section 233 re drive-in theaters; and, ADD Section 233 re requirements for a Conditional Use Permit application for a drive-thru facility. (d) Section 1305 re underlying zoning regulations within the Historic and Cultural District. Site Plan Ordinance: Section 5A re parking lot landscape requirements. Comprehensive Plan: AMEND the Appendix, establishing design guidelines for drive-thru facilities. Staff Recommendation: APPROVAL OF ENTIRE PACKAGE Planning Recommendation: APPROVAL OF AMENDMENT TO SECTIONS 1501, 1511 and 1521 (RT-1, RT-2 and RT-3 Districts, East of Arctic Avenue). (Planning Commission took no action on the remainder of the package -- No Ordinances) K. APPOINTMENTS COMMUNITY SERVICES BOARD PUBLIC LIBRARY BOARD SOUTHEASTERN VIRGINIA AREAWIDE MODEL PROGRAM (SEVAMP) L. UNFINISHED BUSINESS M. NEW BUSINESS 1. DESIGNATION OF VOTING DELEGATES a. National League of Cities (NLC) Annual Conference December 7-10, 1996 N. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERKIS OFFICE at 427-4303 Hearing impaired, call: TDD only 427-4305 (TDD - Telephonic Device for the Deaf) 08/22/96CMD AGENDA\08-27-96.PLN M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia August 27, 1996 Mayor Meyera E. Oberndorf called to order the CITY MANAGER'S BRIEFINGS for the VIRGINIA BEACH CITY COUNCIL in the City Council Conference Room, city Hall Building, on Tuesday, August 27, 1996, at 3:30 P.M. Council Members present.. John A. Baum Linwood 0. Branck III, Harold Heischober, Barbara M. Henley, Louisi Jones, Reba S. McCianan, Mayor Meyera E. Oberndorf Nancy K Parker and Vice Mayor William D. Sessoms, Jr. Council Meinbers Absent: William W Harrison, Jr [ENTERED: 3:40 P.M.] Louisa M. Strayhorn [ENTFRED, 3:45 P.M.] - 2 - CITY MANAGER'S BRIEFING YEAR-END FUND BALANCE - INTERIM FINANCIAL REPORT 3:30 P.M. ITEM # 41107 Patricia A. Phillips, Director of Finance, distributed copies of the Interim Financial Report and cited Page 2.2. GENERAL FUND COMPARISON OF BUDGET TO ACTUAL (Millions) FY 1995-96 (Unaudited) Revenues Expenditures Budgeted 467.4 491.6 Actual 485.0 481.8 Difference 17.6 9.8 Percentage Difference 3.8 2% GENERAL FUND 1996 (In Millions) Fund Balance (7/1/95) $ 52.8 Increase 20.5 Fund Balance 6/30/96 $ 73.3 Policy Requirement @ 82 1/2% $ 53.3 Excess $ 20.0 Mrs. Phillips cautioned re the $20-MILLION Excess, gainsharing has not been reserved nor any special projects by City Council. Thus, this amount could be slightly smaller. The reasons for this 20.5 increase in the General Fund Balance: Personal Property Tax ($12-MILLION greater than budgeted). Real Estate Taxes ($3-MILLION greater than estimated) Other Local Taxes - 5% (General Sales Taxes, Hotel/Restaurant Taxes) Savings (Public Works, Police) Smaller Year-End Reserve for CIP Smaller Year-End Encumbrances for Any Other August 27, 1996 - 3 - CITY MANAGER'S BRIEFING YEAR-END FUND BALANCE - INTERIM FINANCIAL REPORT ITEM # 41107 (Continued) GENERAL FUND REAL ESTATE TAXES Fiscal Year Ended June 30, 1996 (unaudited) (In Mdfions) YEAR BUDGET ACTUAL VARL4NCE 1996 $ 212-8 $ 215.7 $ 29 1995 198.0 201.1 3.1 1994 194.9 197.7 2.8 1993 182.4 185.4 3.0 1992 181.8 185.0 3.2 GENERAL FUND PERSONAL PROPERTY TAXES Fiscal Year Ended June 30, 1996 (unaudited) (In MilLions) YFAR BUDGET ACTUAL VARL4NCE 1996 $ 54.4 $ 66.8 $ 12.4 1995 50.3 58.6 &3 1994 48.8 53.2 4.4 1993 45.2 49.6 4.4 1992 52.0 47.3 (4.7) 1991 50.9 46.7 (4.2) 1990 50.8 48.2 (2.6) SCHOOL OPERATING SPECIAL REVENUE FUND SUMMARY STATEMENT OF REVENUES, EXPENDITURES AND DEFICIT Fiscal Year Ended June 30, 1996 (unaudited) (In MilUons) Budget Actual Variance REVENUES: State $ 1968 $ 195.8 s (1.0) Federal 13.5 9.9 (3.6) Local 145.8 145.8 0.0 Other Total. @4. TOTAL EXPENDITURES: "4 Total Revenues over Expenditures Encumbrances .4 Net After Encumbrances - Actual August 27, 7996 - 4 - CITY MANAGER'S BRIEFING YEAR-END FUND BALANCE - INTERIM FINANCIAL REPORT ITEM # 41107 (Continued) The Schools have done a good job despite the fact that Federal and State Revenue sources have decreased. They were able to hold their expenditures down, receiving $354.1-MILLION AND EXPENDING $353.6-MILLION. WATER AND SEWER ENTERPRISE FUND SUMMARY STATEMENT OF REVENUES, EXPENDITURES AND DEFICIT Fiscal Year Ended June 30, 1996 (unaudited) (In Millions) Budget Actual Variance REVENUES: Use of Money & Property $ 5.1 $ 8.3 $ 3.2 Sales of Water 34.2 40.4 6.2 Charge for Services 26.8 27.3 .5 Mains & Recovery Fees Total. TOTAL EXPENDITURES: @7 Total Revenues over Expenditures August 27, 1996 - 5 - CITY MANAGER'S BRIEFING MULTI-PURPOSE STADIUM ITEM # 41108 3:55 P.M. The City Manager introduced Mark Garcea and Page Johnson, co-owners of the Hampton Roads Mariners in attendance. Donald Maxwell, Director of Economic Development advised the City has grown to a point it should seriously consider the development of an expandable sports stadium that could initially accommodate a minimum of 7,000 spectators. The City currently has ten high school stadiunn with an average capacity of 3,000 - 5,000. An architect has been selected to design the eleventh high school to be constructed on the Lake Ridge property. The Hampton Roads Mariners, the pro-soccer franchise in Virginia Beach have proposed that rather than construct another typical high school facility, a multi-purpose stadium be constructed on the Lake Ridge property. The stadium would be multi- purpose, providing a facility for the Mariners team as well as for high school athletics and other regional events. Tom Pauls, Comprehensive Planning Co-Ordinator, with the utilization of a map, displayed sites available (100 acres or larger, north of the Green Line) which are rather limited. The further north, the more expensive the sites. The undeveloped land is depicted in "green" and the undeveloped land with environmental constraints is displayed in "orange ". The estimated design and construction cost for the initial stadium capacity (7,000 seats) is $4.8- MILLION (conservative estimate) up to approximately $6-MILLION depending upon the quality. If a 30,000 seat stadium is ultimately investigated this would entail an approximate cost of $30-MILLION (suites, press boxes, luxury boxes, locker rooms, state of the art lights, all of the requirements for professional play as well as a superior amateur facility). The City currently has 10 high school stadiums with an average capacity of 3,000 - 5,000. This site presents several benefits: Contiguous to high school for joint use. Parking for the first phase can be accommodated on -site and utilization of the high school parking Ultimate MLS expansion could utilize amphitheater par*ing Adequate access currently exists from Dam Neck Road The school administration has estimated a savings of approximately $315,000, if they do not construct a high school stadium on-site. A portion of the preliminary work would entail a sound and traffic impact for the entire area, not just the stadium; but the entire Princess Anne Corridor. With the engineering design planning for the ultimate 30,000 seats should be also considered. The Schools have been extremely supportive and City staff is scheduled to brief the School Board regarding the Joint Use of the facility at the School Board Meeting of September 16, 1996. Mr. Maxwell referenced the Ordinance and Resolution SCHEDULED for the Formal Session: Ordinance to establish a Multi-Purpose Sports Stadium (CIP #9-003); and APPROPRIATE $100,000 from the fund balance of the General Fund for preliminary planning and design. Resolution to direct the City Manager to develop an Agreement of Understanding with the Virginia Beach Development Authority: Identification and negotiation of the terms of a transfer by the City of a site for a proposed Multi-Purpose Sports Stadium; Identification of funding sources necessary to design and construct said stadium; Design and construction; Negotiation of the terms of a long-term lease; Request the Authority to proceed with preliminary planning and design. August 27, 1996 - 6 - CITY MANAGER'S BRIEFING MULTI-PURPOSE STADIUM ITEM # 41108 (Continued) Ihe Hampton Roads Mariners are now the South-Atlantic Champions of the "Select Division " of the U.S.LS.L. and have advanced to the "Sizzling Six" playoffs for the National Championship title. The first game will be tonigh4 August 27,1996, at 7:30 P.M. at the Old Dominion University Soccer Complex. This game will feature the Mariners vs. the Minnesota Thunder. The Mariners' ultimate goal is to pursue a Major League Soccer franchise in five to seven years. Conceptually, the stadium would initially be built to hold 6,000-8,000 people and be designed to allow expansion to the 30,000-seat standard for Major League Soccer (MLS). Mr. Maxwell distributed a picture of a typical major league stadium comprising approximately 30,000 seats. A list of other sporting events, ie., Virginia State Games, which could be held at this Multi-purpose stadium will be Provided. Mr. Maxwell advised this will be encompassed within the study. Mark Wawner, Project Development Manager, advised multi-purpose stadiunu across the country are fairly routine. However, these are multi-purpose for amateur sports. Hampton and Newport News have these stadiums. This City is unique as it has 10 high school fields. Most communities have one major field on which to play. Part of the purpose of coordinating with the Development Authority is to allow utilization of procedures, which can accelerate this schedule. There are no EDIP funds anticipated to pay for this project either operational or capital costs. In view of the fact the City will be providing a great deal of the risk capital to make a facility available for the Mariners and the initial lease is somewhat minimal in terms of debt service incurred to provide this facility, Mr. Marwell advised the staff will be coordinating with the City Manager, City Attorney and his staff relative a provision that in the event the Ilamplon Roads Mariners does become a Major League team there will be a provision within the Agreement to compensate the City, August 27, 1996 - 7 - AGENDA REVIEW SESSION 4:50 P.M. ITEM # 41109 The following items will be discussed further during the Formal Session: I.1 Ordinance to authorize acquisition of property in fee simple for right-of-way for Shore Drive intersection improvements (CIP 2-133) and acquisition of temporary and permanent easements, either by agreement or condemnation. I.3 Multi-Purpose Sports Stadium: a. Ordinance to establish a Multi-Purpose Sports Stadium (CIP #9-003); and, APPROPRIATE $100,000 from the fund balance of the General Fund for preliminary planning and design. b. Resolution to direct the City Ma?iager to develop an Agreement of Understanding with the Virginia Beach Development Authority: (1) Identification and negotiation of the terms of a transfer by the City of a site for a proposed Mufti-Purpose Sports Stadium, (2) Identification of funding sources necessary to design and construct said stadium; (3) Design and construction, (4) Negotiation of the terms of a long-term lease, and, (5) Request the Authority to proceed with preliminary planning and design. ITEM # 41110 BY CONSENSUS, the following items shall compose the CONSENT AGENDA: ORDINANCES/RESOLUTIONS I.1 Ordinance to authorize acquisition of property in fee simple for right-of-way for Shore Drive intersection improvements (CIP 2-133) and acquisition of temporary and permanent easements, either by agreement or condemnation. I.4 Tax Refunds: $4,151.18. August 27, 1996 - 8 - AGENDA REVIEW SESSION ITEM # 41111 Mayor Oberndorf and Council Lady Strayhorn advised of citizen concerns relative: Jlb Application of ROBIN L. ROSS for a Conditional Use Permit for a (child care) on Lot 14, Kempsville Heights, Section 2 (5156 Allyne Road), containing 15,000 square feet (KEMPSVILLE BOROUGH). Councilman Harrison will forward a letter reflecting a cilizen's concerns relative the Commissioner of the Revenue taxing every item in her home due to her home occupation as a child care provider. ITEM # 41112 Council Lady Strayhorn mentioned an error relative Condition No. 2: "The use shall include passenger car rentals and a maximum of two vans or pick-up trucks not to exceed 14 feet in length." The condition incorrectly stated 18 feet. J1d Application of ENTERPRISE LEASING - RAY MOSS for a Conditional Use Permit for motor vehicle rentals in the Holland Plaza Shopping Center, #14, at the Northwest intersection of South Plaza Trail and Holland Road, containing 20 acres (KEMPSVILLE BOROUGH). ITEM # 41113 Council Lady Henley requested this item be clarified during the Formal Session relative the plans: Jle Application of NEIGHBORHOOD ASSEMBLY OF GOD for a Conditional Use Permit for a church on the East side of Princess Anne Road, South of Vaughan Road (1196 Princess Anne Road), containing 11.649 acres (PUNGO BOROUGH). ITEM # 41114 Councilman Jones advised of citizen's concerns: Jlh Application of McGINNIS REALTY AND DEVELOPMENT COMPANY for a Change of Zoning District Clasification from R-40 Residential District, containing 7.1 acres, and from R-10 Residential District, containing 10.553 acres, to Conditional R- 10 Residential District, 400 feet more or less East of Diamond Springs Road beginning at a point 920 feet more or less North of Fallbrook Bend containing 17.653 acres (BAYSIDE BOROUGH). ITEM # 41115 Council Lady McClanan wished to express her concerns during the Formal Session: Jli Application of CENTURY MARK DEVELOPMENT GROUP, L.L.C. for a Change d Zoning District Classification from AG-1 and AG-2 Agricultural Districts to Conditional R-5S Residential District on the East side of Holland Road beginning at a point 140 feet more or less North of Saville Garden Way, containing 17.22 acres more or less (PRINCESS ANNE BOROUGH). August 27, 1996 - 9 - AGENDA REVIEW SESSION ITEM # 41116 Councilman Harrison had concerns. Council Lady McClanan advised this application was at the intersection of Dam Neck and Harper's Roads and the Planning Commission had ultimately asked they bring in an acceptable request as it is a Conditional Use Permit. The applicant wishes to construct mini - warehouses. J1j Application of OLIVE W. MALBON, for a Modification of Conditions placed on a rezoning (Approved 22 June 1987) from AG-2 Agricultural District to I-1 Light Industrial District at the Northwest intersection of Dam Neck Road and Harper's Road, containing 9.9 acres (PRINCESS ANNE BOROUGH). The Planning Commission has recommended DENIAL. ITEM # 41117 Mayor Oberndorf had concerns and referenced the correspondence of James A. Wood, Chairman of the Board of Zoning Appeals, requesting the WITHDRAWAL of this Amendment. The Board believes the Planning Commission's revision to limit the set-back reduction to these lots having an area no greater than 7,500 square feet within the R- 7.5, R-5D, R-5R and R-5S Districts is burdensome upon applicants and staff. J1k Applications of the CITY OF VIRGINL4 BEACH to AMEND and REORDAIN the City Zoning Ordinance: (1) Set-back Requirements - Section 501(b) re reduction of side and rear yard set-back requirements for certain accessory structures within the R-7.5, R-5D, R-5R and R-5S Residential Zoning Districts. ITEM # 41118 Vice Mayor Sessoms referenced his possible conflict of interest re the addition of financial institutions to the Drive-thru Ordinance. The City Attorney advised he would not be in conflict. Council Lady McClanan expressed concern relative the items referencing the Drive-thru Facilities on which the Planning Commission did not take action. Assistant City Attorney Macali advised these items did not have to be discussed. Only the Planning Commission recommended Amendments to Sections 1501, 1511 and 1521 (RT-1, RT-2 and RT-3 Districts, east of Arctic Avenue) would be subject to consideration: J1k (2) Drive-thru Facilities - Sections 701, 801, 901, 1001, 1501, 1511, 1521 and 1531 re use regulations. No action was required on the following items. They were listed on the agenda only because they were advertised. (a) Section 111, by ADDING a definition of a drive-thru facility and walk-up service. (b) Section 203 re stack lane requirements for drive-thru facilities; and reducing parking requirements where walk-up service is provided (c) REPEAL Section 233 re drive-in theaters; and ADD Section 233 re requirements for a Conditional Use Permit application for a drive-thru facility. (e) Section 1305 re underlying zoning regulations within the Historic and Cultural District. Site Plan Ordinance: Section 5A re parking lot landscape requirements. Comprehensive Plan: AMEND the Appendix, establishing design guidelines for drive-thru facilities. August 27, 1996 - 10 - AGENDA RE VIEW SESSION ITEM # 41119 BY CONSENSUS, the following items shall compose the PLANNING BY CONSENT AGENDA: J1a Application of LEDESA LAND COMPANY, a Virginia General Partnership, for the discontinuance. closure and abandonment of a portion of a fifteen-foot (15') alley located between Lots 9 and 21, Block 20, Croataii Beach, containing 750 square feet (LYNNHAVEN BOROUGH) Jlc Application of JESSE FRANKLIN JACKSON III for a Conditional Use Permit for a day care and education center on the South side of Dahlia Drive, 110 feet more or less West of Windmill Drive (1591 Dahlia Drive), containing 24,001.56 square feet (KEMPSVILLE BOROUGH). Jld Application of ENTERPRISE LEASING - RAY MOSS for a Conditional Use Permit for motor vehcile rentals in the Holland Plaza Shopping Center, #14, at the Northwest intersection of South Plaza Trail and Holland Road, containing 20 acres (KEMPSVII,LE BOROU(-Yll). * Jlf Application of CENTURY TOWING SERVICE, INC. for a Conditional Use Permit for an automobile bulk storage yard on the West side of Davis Street, 573.05 feet North of Virginia Beach Boulevard (409 Davis Street), containing 22,000 square feet (BAYSIDF B(@ROU(,I]). ** Jlg Application of C & C DEVELOPMENT, L.L.C., for a Change of Zoning District Classirication from R-7.5 Residential District and B-2 Community Business District to conditional B-1 Neighborhood Business District at the Southeast corner of Newtown Road and Connie Lane, containing 1.906 acres (R4YSIDE BOROU(,Il). *WILL BE WITHDRAWN BY CONSENT. **R7LL BE DEFERRED BY CONSENT August 27, 1996 - 11 - ITEM # 41120 Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Conference Room, City Hall Building, on Tuesday, August 27, 1996, at 5:05 P.M. Council Members Present.- John A. Baum, Linwood 0. Branch, III, William W. Ilarrisoii, Jr., Ilarold Heischober, Barbara M Ileiilcy, Louis R. Jones, Reba .5. McClaitall, Mayor Meyera E. Oberndorf, Nancy K Iarker. Vice Mayor William D. Sessoms, Jr. and Louisa M. .5trayhorn Council Members Absent: None August 27, 1996 - 12 - ITEM # 41121 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 purpose: PERSONNEL MATTERS: Discussion or consideration of or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resig@iation of specific public officers, appoiyilees, or employees pursuant to Section 2.1-344 (A) (1). To-Wit: Appointments - Boards, and Commissions: Community Services Board Southeastern Virginia Areawide Model Program PUBLICLY HELD PROPERTY: Discussion or consideration of the condition, acquisition, or use of real property for public purpose, or of the disposition ofpublicly-held property, or of plaits for the future of all institution which could affect the value of property owned or desirable for ownership by such institution pursuant to Section 2.1-344(A)(3). To - Wit: Harbor Point Drive Acquisition of Property - Southeastern Parkway and Greenbelt LEGAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants, or attorneys pertaining to actual or probable litigation, or other specific legal matters requesting the provivion of legal advice by counsel pursuant to .5ectioit 2.1 - 344(A) (7). To - Wi t: School Board Deficit Sunstates Conditional Use Permit Upon motion by Vice Mayor Sessoms. seconded by Council Lady Strayhorb, City Council voted to proceed into EXECUT@ SESSION. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0. Brayich, III, William W. Ilarriso?i, Jr., Ilarold Heischober, Barbara M. Henley, Louis R Jo@ies, Reba 5. McClaiiaii, Mayor Meyera E. Oberndorf Nancy K I'arker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorti Council Members Voting Nay: Non e Council Members Absent.- None August 27, 1996 - 13 - FORMAL SESION VIRGINIA BEACH CITY COUNCIL August 27, 1996 6:30 P.M. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, August 27, 1996, at 6:30 P.M. Council Members Present: John A. Bawn, Linwood 0. Branch, If[, William W. Ilarrison, Jr., Harold Heischober, Barbara M. Ilenley, Louis R. Jones, Reba .5. McClanan, Mayor Meyera E Oberndorf, Naiicy K Ilarker, Vice Mayor tvilliam D. Sessoms, Jr. and Louisa M .5trayho"i Council Members Absent: None INVOCATION.- Reverend Barnett 7horoughgood New Jerusalem Church PLEDGE OF ALLEGIANCE TO THE FL4G OF THE UNITED STATES OF AMERICA August 27, 1996 - 14 - Item Y-E. CERTIFICATION OF EXECUTIVE SESSION ITEM # 41121 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, 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 5ession 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: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branch, III, William W Ilarrison, Jr., Ilarold Heischober, Barbara M. Iletiley, Louis R. Jones, Reba .5. McClanaii, Mayor Meyera E. Oberndorf, Nancy K Parker, rice Mayor William D. Sessoms, Jr. and Louisa M. 51rayhorn Council Members Voting Nay: None Council Members Absent.- None August 27, 1996 ltoolnt4l, ton 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 # 41121 Page No. 12 and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the governing body that such Executive Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Executive Session were heard, discussed or considered by Virginia Beach City Council. Rdth Hodges.5mith, CMC/AAE City Clerk August 27, 1996 - 15 - Item V-El. MINUTES ITEM # 41122 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Henley, City Council APPROVED, the Minutes of the INFORMAL AND FORMAL SESSIONS of August 13, 1996. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branch, III, William W Ilarriso),, Jr., IIarold Heischober, Barbara M. Ile@)ley, Louis R. Jones, Reba S McClaiiait, Mayor Meyera E. Obe"tdorf, Naticy K I'arker, rice Mayor William D. Sessonts, Jr. and Louisa M. .5trayho"i Council Members Voting Nay: None Council Members Absent: None August 27, 1996 - 16 - Item V- G. 1. ADOPT AGENDA FOR FORMAL SESSION ITEM # 41123 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION August 27, 1996 - 17 - Item V- G. 2 INTRODUCTION ITEM # 41124 Mayor Oberndorf introduced the Boy Scouts in attendance to earn their Citizenship in the Community Merit Badges. PROVIDENCE PRESBYTERIAN CHURCH TROOP 12 August 27, 1996 - 18 - lkm V- G. 3 ITEM # 41125 Louis Cullipher, Director of Agriculture, advised on Thursday, August 2Z 1996, two-thirds of the Farmers Market was destroyed by Friday. Eight merchants no longer have a place of business. The area that was not damaged is also without power and water. The office and restaurant had severe smoke damage. Contractors are being hired to expedite restoration of water and power. The staff is also exploring temporary shelter for those merchants in the form of tents on the truck lot. The staff is meeting on Wednesday, August 27, 1996, to evaluate the County Fair Day, which is in partnership with the Neptune FestivaL. Due to a lack of lighting, 24-hour security has been instituted. Mr. Cullipher commended Sheriff Drew for the security this weekend and Chief Diezel for his prompt response and perseverance to control the fire. Removal of debris will commence tomorrow, August 28, 1996. August 27, 1996 - 19 - Item V-L CONSEAT AGENDA ORDINANCES/RESOLUTIONS ITEM # 41126 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council APPROVED BY CONSENT in ONE MOTION Items 1 and 4. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0. Brancl; III, William W Harrison, Jr., Harold Heischober, Barbara m Henley, Louis R Jones, Reba S. McClanan, MaYor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Meinbers Voting Nay: None Council Members Absent. None August 27, 1996 - 20 - item V-Ll. CONSENT AGENDA ORDINANCES/RESOLUTIONS ITEM # 41127 Upon motion by Vice Mayor Sessoms, sccotided by Council Lady Strayhorn, City Council ADOPTED: Ordinance to authorize acquisition of property in fee simple for right- of-way for Shore Drive intersection improvements (CIP 2-133) and acquisition of temporary and permanent easements, either by agreement or condemnation. Voting: 11-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood 0. branch, III, William W. Ilarrisoit, Jr., Ilarold Ileischober, Barbara M. liettley, Louis R. Jo@ies, Reba @. McClatiaii, Mayor Meyera E Obenidorf, Naitcy K Iarker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorii Council Members Voting Nay: Non e Council Members Absent: None August 27, 1996 1 AN ORDINANCE TO AUTHORIZE 2 ACQUISITION OF PROPERTY 3 IN FEE SIMPLE FOR RIGHT 4 OF WAY FOR SHORE DRIVE 5 INTERSECTION IMPROVEMENTS 6 (CIP 2-133) AND THE 7 ACQUISITION OF TEMPORARY 8 AND PERMANENT EASEMENTS, 9 EITHER BY AGREEMENT OR 10 CONDEMNATION 11 WHEREAS, in the opinion of the Council of the City of 12 Virginia Beach, Virginia, a public necessity exists for the 13 construction of this important roadway to provide transportation 14 and for other public purposes for the preservation of the safety, 15 health, peace, good order, comfort, convenience, and for the 16 welfare of the people in the city of Virginia Beach: 17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 18 OF VIRGINIA BEACH, VIRGINIA: 19 Section 1. That the City Council authorizes the 20 acquisition by purchase or condemnation pursuant to Sections 15.1- 21 236, at @., 15.1-898, 15.1-899, and Section 33.1-89, at @., 22 Title 25-46.1 et @., Code of Virginia of 1950, as amended, all 23 that certain real property in fee simple, including temporary and 24 permanent easements of right of way as shown on the plans for the 25 Shore Drive Intersection Improvements project, CIP 2-133, these 26 plans being on file in the Engineering Division, Department of 27 Public Works, City of Virginia Beach, Virginia. 28 Section 2. That the City Manager is hereby authorized 29 to make or cause to be made on behalf of the City of Virginia 30 Beach, to the extent that funds are available, a reasonable offer 31 to the owners or persons having an interest in said lands. If 32 refused, the city Attorney is hereby authorized to institute 33 proceedings to condemn said property. 34 Adopted by the Council of the city of Virginia Beach, 35 Virginia, on the 27 day of August 1996. 36 TK/JCL/tga 37 07/08/96 38 h:\wp\kennedy\shoredr.ord APPROVED AS TO CONTENT 39 @ '. @@e, 40 0 ty Real @state Agent SHORE DRIVE INTERSECTIONS CIP #2-133 SCALE: 1 400' - 21 - Item V-L2. ORDINANCES/RESOLUTIONS ITEM # 41128 Upon motion by Councilman Heischober, seconded by Vice Mayor Sessoms, City Council ADOPTED: Multi-Purpose Sports Stadium: a. Ordinance to establish a Multi-Purpose Sports Stadium (CIP #9-003); and, APPROPRIATE $100,000 from the fund balance of the General Fund for preliminary planning and design. b. Resolution to direct the City Manager to develop an Agreement of Understanding with the Virginia Beach Development Authority: (1) Identification and negotiation of the terms of a transfer by the City of a site for a proposed Multi-Purpose Sports Stadium; (2) Identification of funding sources necessary to design and construct said stadium; (3) Design and construction; (4) Negotiation of the terms of a long-term lease; and (5) Request the Authority to proceed with preliminary planning and design. Voting: 9-1 Council Members Voting Aye: John A. Baum, Linwood 0. Branch, III, Ilarold licischober, Barbara M. Henley, Louis R. Jones, Mayor Mtyera E. Obenidorf, Naitcy K Ilarker, Vice Mayor William D. 5(,ssoms, Jr. and Louisa M. @trayhoryt Council Members Voting Nay: Reba S. McClatiaii Council Members Abstaining: William W. liarrisori, Jr. Council Meinbers Absent.- None Councilman Harrison ABSTAINED as his law firm prot,ides legal services for Mr. Mark (iarcea, who is a potential lessee of this Multi-Purpove .5fadium. August 27, 1996 I AN ORDINANCE TO ESTABLISH A MULTI-PURPOSE 2 SPORTS STADIUM CIP PROJECT #9-003, AND TO 3 APPROPRIATE $100,000 FROM THE FUND BALANCE OF 4 THE GENERAL FUND FOR PREL@ARY PLANNING 5 AND DESIGN 6 AS, City Council has identified that the design and construction of an 7 expandable multi-purpose sports stadium will have a positive economic impact to the City; 8 WHEREAS, the stadium, to be constructed on the Lake Ridge Property, would 9 provide a facility for professional as well as for high school athletics and other regional events; 10 WHEREAS, the preliminary planning and design of the stadium, to be done in I I cooperation with the Virginia Beach Development Authority, is estimated to cost $100,000 1 2 with fmancing to come from the Fund Balance of the General Fund. 1 3 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 1 4 OF VIRGENIA BEACH, that the Multi-Use Sports Stadium Project #9-003 is hereby I 5 established as a project in the Capital Improvement Program; 1 6 BE IT FURTHER ORDAINED that funds in the amount of $100,000 be appropriated 17 from the Fund Balance of the General Fund to project #9-003 to fund preliminary planning and 18 design of a multi-use sports stadium. 19 This ordinance shall be in effect from the date of its adoption. 20 Adopted the 27 day of August, 1996, by the Council of the City of 21 Virginia Beach, Virginia. A RESOLUTION DIRECTING THE CITY MANAGER TO DEVELOP AN AGREEMENT OF UNDERSTANDING WITH THE VIRGINIA BEACH DEVELOPMENT AUTHORITY (THE "AUTHORITY") TO ACCOMPLISH THE FOLLOWING: (1) IDENTIFICATION AND NEGOTIATION OF THE TERMS OF A TRANSFER BY THE CITY OF A SITE FOR A PROPOSED MULTI-PURPOSE SPORTS STADIUM (THE "FACILITY"); (2) IDENTIFICATION OF FUNDING SOURCES NECESSARY TO DESIGN AND CONSTRUCT THE FACILITY; (3) DESIGN AND CONSTRUCTION OF THE FACILITY; (4) NEGOTIATION OF THE TERMS OF A LONG TERM LEASE OF THE FACILITY TO, AND OPERATION BY, A SELECTED OPERATOR/LESSEE; (5) REQUESTING THE AUTHORITY TO PROCEED WITH PRELIMINARY PLANNING AND DESIGN OF THE FACILITY WHEREAS, the design and construction of an expandable multi-purpose sports stadium (the "Facility") has been identified by City Council as a desirable development project which would contribute to the quality of life in the City, have a positive economic impact and provide a facility that would be compatible with and supportive of other recreational and school facilities and activities in the City; and WHEREAS, the City Council desires the Authority to proceed with preliminary planning and design work for the Facility at a cost not to exceed $100,000.00; and WHEREAS, in order to ensure the Facility's success, it is necessary to engage the assistance of an operator/lessee in the final site selection process, and to work directly with the operator/lessee during the entire development process up to, and including, design and construction of the facility, and its lease to, and operation by, the selected operator/lessee; WHEREAS, the City of Virginia Beach Development Authority (the "Authority") was specifically created for the purpose of fostering and stimulating economic development in the City and, WHEREAS, based on the Authority's expertise and flexibility in project development, the city Council requests the Authority to proceed with the selection of an operator/lessee, the selection of a final site for the Facility and, upon approval of the City's level of participation in the Facility, the development of the Facility for lease to, and operation by, the selected operator/lessee. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is authorized and directed to develop an "Agreement of Understanding" with the Authority which would accomplish the following: 1. Identification and negotiation of the terms of a sale or transfer of a site for the Facility on terms to be approved by City Council. 2. Identification of funding sources necessary to design and construct the Facility. 3. Design and Construction of the Facility. 4. Negotiation of the terms of a long term lease of the Facility to, and operation by, a selected operator/lessee. 5. Requesting the Authority to proceed with preliminary planning and design of the Facility at a cost not to exceed $100,000.00. Adopted by the Council of the City of Virginia Beach, Virginia, on the 27 day of August 1996. CA-6409 ORDIN\NONCODE\CA6409.RE3 R-1 R-2 R-3 R-4 AS TO ICIENCY - 22 - Item V-L3. ORDINANCES/RESOLUTIONS ITEM # 41129 OPPOSED TO DESIGN OF BUILDING: Dan Creedon, 2605 Heston Road, represented Cape Henry Shores Civic Association Andy Anderson, 3009 Cape Henry Drive, Phone: 496-0272, represented the Lynnhaven Colony Civic League OPPOSED TO RESOLUTION. Attorney Michael B. Hamar 555 Main Street. 14th Floor, Norfolk, represented Tidewater Westminister Homes, Inc. Manning C. Merritt, 1908 W. Twin Cove Road, Phone: 481-3007, represented Tidewater Westminister Homes, Inc. Upon motion by Councilman Harrison, seconded by Vice Mayor Sessoms, City Council ADOPTEI): Resolution to confirm the intent and understanding of the City Council re the Conditional Use Permit (CUP) granted to Tidewater Westminster Homes, Incorporated, for a home for the aged at Shore Drive and Sunstates Court (LYNNHAVEN BOROUGH). (Sponsored by Councilman W. W. Harrison, Jr.) Councilman Harrison stated: "The purpose of this Resolution is to do two things: One, to declare the understanding and intent of this Council in this matter and state that the rental of less than all of 109 units for the amount represented, would be in clear violation of the Conditional Use Permit. Finally, it requests the responsible parties to remove the burned structure as soon as possible, to remove a terrible eye sore from a very attractive area of our City." Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood 0. Ilrailc& III. William W Ilarrison, Jr., IIarold Heischober, Barbara M. Ileiiley, Louis R. Jones, Mayor Meyera F. Oberndorf Nancy K I'arker, Price Mayor William D. Sessoms, Jr. and Louisa M. Strayho"i Council Members Voting Nay: None Council Members Abstaining: Reba S. McClanan Council Members Absent: Non e Council Lady McClanan ABSTAINED, as she was not a Member of the City Council during the consideration of the applications of Tidewater Wevtmiiister Ilomes, Inc. and the ';unstates Bond Resolution; ani4 therefore could not confirm the intent and understanding of the City CouticiL August 27, 1996 Requested by Councilman W. W. Harrison, Jr. 1 A RESOLUTION CONFIRMING THE INTENT AND UNDERSTANDING OF 2 THE CITY COUNCIL CONCERNING THE CONDITIONAL USE PERMIT 3 GRANTED TO TIDEWATER WESTMINSTER HONES, INCORPORATED, FOR 4 A HOME FOR THE AGED AT SHORE DRIVE AND SUNSTATES COURT, 5 IN THE BOROUGH OF LYNNHAVEN 6 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 WHEREAS, on June 27, 1995, upon the application of Tidewater 9 Westminster Homes, Inc. (hereinafter "the Applicant"), the City 10 Council granted a conditional use permit for a home for the aged, 11 consisting of 109 apartment units, on certain property located on 12 the southwest corner of Shore Drive and Sunstates Court, in the 13 Borough of Lynnhaven; and 14 WHEREAS, on July 11, 1995, by reason of concerns regarding the 15 density, design, bulk, siting, lot coverage and other features of 16 the proposed home for the aged, the City Council voted to 17 reconsider such application; and 18 WHEREAS, on August 22, 1995, in accordance with established 19 procedures, and after having given due notice to the Applicant and 20 others as required by law, the City Council held a public hearing 21 on reconsideration of the application, at which public hearing the 22 Applicant was represented by counsel; and 23 WHEREAS, at the said public hearing, it was represented to the 24 City Council by the Applicant's attorney that rents for the 25 apartment units in the home would be approximately ($550.00) per 26 month, including all utilities except cable television and 27 telephone; and 28 WHEREAS, in connection with the aforesaid representation 29 regarding the rent structure of the proposed home for the aged, 30 there was no mention or other indication that only some, but not 31 all, of the 109 units would be rented at approximately $550.00 per 32 month; and 33 WHEREAS, in reliance on the aforesaid representation, the City 34 Council concluded that rents for all 109 of the apartment units 35 would be approximately $550.00 per month, such that the granting of 3 6 the application and resulting construction of the home for the aged 37 would provide a substantial number of living units for elderly 38 persons of low and moderate income, thereby positively addressing 39 a serious and growing public need for affordable housing for 40 members of a rapidly-expanding segment of the population; and 41 WHEREAS, notwithstanding its expressed concerns about the 42 design, bulk, siting, lot coverage and other features of the 43 proposed home for the aged, the City Council made a legislative 44 determination that the provision of 109 units for elderly persons 45 of low and moderate income outweighed the aforesaid concerns, and 46 accordingly reaffirmed, with amended conditions, the prior granting 47 of the conditional use permit; and 48 WHEREAS, had it been represented or otherwise made to appear 49 to the City Council that less than all 109 units would have such 50 rental rates, it would have been the judgment of the City Council 51 that the design, bulk, siting, lot coverage and other features of 52 the proposed home for the aged would have rendered the granting of 53 the application contrary to the public interest and good zoning 54 practice, such that the City Council would have denied the 55 application; and 56 WHEREAS, Amended Condition No. 4 states, "[The] Project will 57 be financed and will comply with federal low/moderate income 58 housing requirements for the initial 15-year period"; and 59 WHEREAS, by letter of October 16, 1995, addressed to the Mayor 60 and members of the City Council, the attorney for Sunstates House 61 Limited Partnership (hereinafter "Sunstates"), of which the 62 Applicant is the controlling shareholder of the General Partner, 63 requested that the City Council "adopt a resolution (hereinafter 64 'Bond Resolution') approving the issuance by the City of Virginia 65 Beach Development Authority of its multifamily housing revenue 66 bonds in an amount not to exceed $7,300,000 for the benefit of 67 Sunstates to assist in financing the construction and development" 68 of the proposed home for the aged; and 2 69 WHEREAS, in such letter, the attorney for Sunstates stated 70 that only twenty per cent (20%) of the units, or a total of twenty- 71 two (22) units, would be set aside for rental to elderly persons of 72 low income, at a projected rental of $475.00 per month for a period 73 of fifteen (15) years, and that the remaining eighty-seven (87) 74 units would have a projected rental rate of $795.00 per month; and 75 WHEREAS, by letter of October 23, 1995, addressed to the Mayor 76 and members of the City Council, the attorney for Sunstates 77 explained the apparent discrepancies between the statements 78 concerning the projected rental rates contained in his letter of 79 October 16, 1995 and the representations concerning such rates made 80 by the Applicant's attorney on August 22, 1995 by stating that it 81 was the preference and intention of Sunstates to secure financing 82 (hereinafter "9% Credit Financing") which would, if granted, allow 83 it to rent all 109 apartment units at the rate of $538.50 per 84 month, but that, solely as an alternative, "fall back" position to 85 be used in the event it failed to qualify for such preferred method 86 of financing, Sunstates also would seek the approval by the City 87 Council of the issuance by the Development Authority of the 88 aforesaid multifamily housing bonds; and 89 WHEREAS, on October 24, 1995, the City Council considered the 90 proposed Bond Resolution, at which time it was clearly stated by 91 various members of the City Council that, in voting to reaffirm the 92 granting of the conditional use permit, they had relied on the 93 representation of the Applicant's attorney that all 109 units would 94 be rented for approximately $550 per month; and 95 WHEREAS, during the aforesaid hearing on the proposed Bond 96 Resolution, the attorney for, and other representatives of, 97 Sunstates stated that they could not guarantee that all 109 units 98 would be rented for such amount, as a result of which the City 99 Council indefinitely deferred action upon the Bond Resolution; and 100 WHEREAS, Sunstates, application for 9% Credit Financing was 101 thereafter rejected; and 3 102 WHEREAS, on August 7, 1996, the proposed home for the aged, 103 which was then under construction, was seriously damaged, or 104 substantially destroyed by fire; 105 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 106 VIRGINIA BEACH, VIRGINIA: 107 1. That the City Council hereby declares that, in its August 108 22, 1995 reaffirmance of the granting of the conditional use 109 permit, it relied upon the representation made on behalf of the 110 Applicant that rents for the apartment units would be approximately ill $550.00 per month; 112 2. That it was the clear understanding of the City Council, 113 based upon such representation, that all 109 of the units, rather 114 than a lesser number thereof, would be rented for such amount; 115 3. That if it had been represented to the City Council that 116 fewer than all 109 units would be rented for such amount, it would 117 not have reaffirmed the granting of the conditional use permit, but 118 would instead have denied the application; 119 4. That, in imposing Amended Condition No. 4, it was the 120 intent of the City Council that rents for all 109 apartment units 121 would be required to be approximately $550.00 per month for the 122 initial 15-year period; 123 5. That it was only upon review of the letter of October 16, 124 1995, referred to hereinabove, that the City Council learned that 125 the Applicant or Sunstates contemplated renting fewer than all 109 126 units for approximately $550.00 per month; and 127 6. That in the event the proposed home for the aged is 128 reconstructed, and any of the 109 units are rented for amounts 129 substantially greater than $550.00 per month, the City Council 130 reserves the right to take such action to enjoin or abate such 131 violation, including, without limitation, revocation of the 132 conditional use permit pursuant to Section 221 of the City Zoning 133 Ordinance, as is allowed by law. 134 WHEREAS, the remains of the proposed structure are located in 135 the Shore Drive Corridor, a major entryway into the City's Resort 136 Area, a highly visible and prominent location; and 4 137 WHEREAS, in its present condition, the site is an eyesore and 138 a detriment to the area; 139 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 140 BEACH, VIRGINIA: 141 The owners of the property, or such other persons or entities 142 as are authorized to do so, are hereby requested to raze the 143 remains of the structure and restore the site to its pre- 144 construction condition as soon as possible. 145 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 146 BEACH, VIRGINIA: 147 That the City Clerk is hereby directed to forward a true copy 148 of this Resolution to the aforesaid attorneys of record for 149 Tidewater Westminster Homes, Inc. and Sunstates House Limited 150 Partnership. 151 Adopted by the Council of the City of Virginia Beach, 152 Virginia, on this 27 day of August 1996. 153 CA-96-6414 154 wmordres\sunstates.res 155 R-2 156 8-21-96 5 - 23 - Item V-L4 CONSENT AGENDA ORDINANCES/RESOLUTIONS ITEM # 41130 Upon motion by Vice Mayor Sessoms, sccotided by Council Lady Strayhorn, City Council ADOPTED: Ordinance authorizing tax refunds in the amount of $4,151.18 upon application of certain persons and upon Certification of the City Treasurer for payment. Voting: 11-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood 0. Ilranch, III, William W Harrison, Jr., Ilarold Heischober, Barbara M. Henley, Louis R. Jones, Reba 5. McClanall, Mayor Meyera E. Oberndorf, Naiicy K I'arker, tice Mayor William I). Sessoms, Jr. and Louisa M. .5trayhont Council Members Voting Nay: None Council Members Absent: None August 27, 1996 RM NO. C.A. 7 AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for tax refunds upon certification of the Treasurer are hereby approved: NAME Tax Type Ticket Exon 0ra. Date Penalty lnt. Total Year of Tax Number tion No. P aid Knight Dudley Clarke & Dolph 96 RE(1/2) 037919- 7 12/5/95 59.40 Knight Dudley Clarke & Dolph 96 RE(2/2) 037919- 7 6/5/96 59. 40 Knight Dudley Clarke & Dolph 95 RE(1/2) 0371 10 - 5 11/25/94 57. 00 Knight Dudley Clarke & Dolph 95 RE(2/2) 037110- 5 5/19/95 57. 00 Knight Dudley Clarke & Dolph 94 RE(1/2) -36898- 6 12/2/ 93 57. 00 Knight Dudley Clarke & Dolph 94 RE(2/2) 036898-6 5/31/94 57. 00 Signet Mortgage Corp 96 RE(1/2) 122111-3 12/5/95 580.11 Signet Mortgage Corp 96 RE(2/2) 122111-3 5/17/96 580.11 Signet Mortgage Corp 95 RE(1/2) 120460-5 12/5/94 417.50 Signet Mortgage Corp 95 RE(2/2) 120460-5 6/5/95 417.50 Signet Mortgage@Corp 94 RE(1/2) 119512-6 11/22/93 417,49 Signet Mortgage Corp 94 RE(2/2) 119512-6 5/23/94 417.49 Life Savings Bank FSB 96 RE(1/2) 068368-8 12/5/95 385.03 Long Island Savings Bank 96 RE(1/2) 087809-5 12/5/95 579.15 Walter DeForest 96 Dog V25352 7/17/96 10@oo Total 4,151.18 This ordinance shall be effective from date of adoption. The above abatements totaling Certi pa $4,151.18 were approved by the Council of the City of Virginia Beach on the 27 day of August 1996 Johf.-AtiHns'( Approved as to form: Ruth Hodges Smith City Clerk Le@@ - 24 - Item V-J. PUBLIC HEARING ITEM # 41131 PLANNING Mayor Oberndorf DECLARED a PUBLIC HEARING on: PLANNING a. LEDESA LAND COMPANY, STREET CLOSURE A VIRGINIA GENERAL PARTNERSHIP b. ROBIN L. ROSS CONDITIONAL USE PERMIT c. JESSE FRANKLIN JACKSON CONDITIONAL USE PERMIT d. ENTERPRISE LEASING - RAY MOSS CONDITIONAL USE PERMIT e. NEIGHBORHOOD ASSEMBLY OF GOD CONDITIONAL USE PERMIT f. CENTURY TOWING SERVICE, INC CONDITIONAL USE PERMIT g. C & C DEVELOPMENT, L.L.C. CHANGE OF ZONING h. McGINNIS REALTY AND DEVELOPMENT COMPANY CHANGE OF ZONING i. CENTURY MARK DEVELOPMENT GROUP, L.L.C. CHANGE OF ZONING j. OLIVE W. MALBON MODIFICATION OF CONDITIONS (6/22/97 COZ) k. CITY ZONING ORDINANCE AMENDMENTS (1) Set-back requirements Section 501(b) (2) Drive - Thru Facilities Sections 701, 801, 901, 1001, 1501, 1511, 1521 and 1531 re use regulations. Sections 111, 203, 233 and 1305 Section 5 A Site Plan Ordinance Comprehensive Plan August 27, 1996 - 25 - Item V-.L PUBLIC HEARING ITEM # 41132 PLANNING BY CONSENT Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council APPROVED in ONE MOTION Items 1a, c, d, f and g. of the PLANNING BY CONSENT Items. Item J.I.f was WITHDRAWN BY CONSENT Item il.g. was DEFERRED BY CONSENT until the City Council Session of September 24, 1996 BY Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0. Brancl; III, William W Harrison, Jr., Harold Heischober, Barbara M Henley, Louis R Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Meinbers Voting Nay: None Council Members Absent: None August 27, 1996 - 26 - Item V-J.Ia. PUBLIC HEARING ITEM # 41133 PLANNING BY CONSENT Upon motion by Vice Mayor Sessoms, seconded by Councilman Baum, City Council APPROVED the application of LEDESA LAND COMPANY, a Virginia General Partnership, for the discontinuance, closure and abandonment of a portion of a fifteen-foot (15) alley subject to compliance of conditions by February 27, 1996. Application of Ledesa Land Company, A Virginia General Partnership, for the discontinuance, closure and abandonment of a portion of a 15 foot alley located between lots 9 and 21, Block 20, Croatan Beach. Said parcel contains 750 square feet. LYNNHAVEN BOROUGH. The following conditions shall be required: 1. The City Attorney's Office shall make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures, " approved by City Council. Copies of the policy are available in the Planning Department. All funds generated from this purchase shall be deposited in the Croatan Beach Access Account and utilized by the City to purchase additional access to the beach in the Croatan area at an appropriate location. 2. The applicant is required to resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels and create one residential lot. The plat must be submitted and approved for recordation prior to final approval. 3. The site shall be developed in accordance with Article 16, Coastal Primary Sand Dune Zoning Ordinance. 4. Closure of the right-of-way shall be contingent upon compliance with the above-stated conditions within 180 days of approval by City Council (25 February 1997). Voting: 11-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood 0. Branck III, William W Harrison, Jr., Harold Heischober, Barbara M Henley, Louts R Jones, Reba S. McClanan, MaYor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D. Sesso?w, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent,- None August 27, 1996 - 27 - Item V-J.Ib. PUBLIC HEARING ITEM # 41134 PLANNING The following spoke in SUPPORT of the application: Robin Ross, 5156 Allyne Road, Phone: 497-0879 Serena Flick, 3121 Hilburn Drive, Chesapeake, Phone: 558-0835 Ronda Loftis, 709 Tucson Road, Phone: 467-2005 Samantha Springer, 1502 Dobbs Lane, Phone: 436-3808 Lorene Fogle, 5157 Allyne Road, Phone: 490-1010 Elaine Lawson, 741 Lord Nelson Drive, Phone: 495-0633 Gladys L. Perkins, 5152 Allyne Road, Phone: 497-0478 Elizabeth Crothers, 5149 Alyne Road Dora Spruill,4 5153 Aners Road The following spoke in OPPOSITION: Bob S. Turner, 263 South Witchduck Road, Phone: 497-2338 (Petition submitted in Opposition) D. L. McBride, 244 Brickhaven Road, Phone: 497-6666 Pattie A. Wharton, 5148 Allyne Road, Phone: 497-2278 Evelyn Marks, 5160 Allyne Road, Phone: 497-4703 Upon motion by Council Lady Strayhorn, seconded by Council Lady McClanan, City Council DENIED Ordinance upon application of ROBIN L. ROSS for a Conditional Use Permit ORDINANCE UPON APPLICATION OF ROBIN L. ROSS FOR A CONDITIONAL USE PERMIT FOR A HOME OCCUPATION (child care) Ordinance upon application of Robin L. Ross for a Conditional Use Permit for a home occupation (child care) on Lot 14, Kempsville Heights, Section 2. Said parcel is located at 5156 Allyne Road and contains 15,000 square feet. KEMPSVILLE BOROUGH. Voting: 6-5 Council Members Voting Aye: Barbara M. Henley, Louis P, Jones, Reba S. McCianan, Mayor Meyera E. Oberndorf, Nancy K Parker and Louisa M Strayhorn Council Members Voting Nay: John A. Baum, Linwood 0. Brancl; 111, William W. Harrison, Jr., Harold Heischober and Vice Mayor William D. 5essoms, Jr. Council Members Absent: None August 27, 1996 - 28 - Item V-J.I.c. PUBLJC HEARING ITEM # 41135 PLANNING BY CONSENT Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council ADOPTED an Ordinance upon application of JESSE FRANKLIN JACKSON III for a Conditional Use Permit for a day care and education center: ORDINANCE UPON APPLICATION OF JESSE FRANKLIN JACKSON, III FOR A CONDITIONAL USE PERMIT FOR A DAY CARE & EDUCATION CENTER R08962056 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Jesse Franklin Jackson, III, for a Conditional Use Permit for a day care & education center on the south side of Dahlia Drive, 110 feet more or less west of Windmill Drive. Said parcel is located at 1591 Dahlia Drive and contains 24,001.56 square feet. KEMPSVILLE BOROUGH. The following conditions shall be required: 1. Seven (7) parking spaces shall be reserved for the sole use of the day care facility during its hours operation, and shall be located directly adjacent to the facility. 2. All Health Department, Fire Department and Building Code requirements must be met prior to occupancy. 3. The applicant must receive certification from Social Services of the total capacity based on the final layout prior to occupancy. 4. The hours of operation shall be Monday through Friday from 6 AM to 7 PM. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-seventh of August. Nineteen Hundred and Ninety-Six. Voting: II -0 (By Consent) Council Members Voting Aye: John A. Bawn, Linwood 0. Brancl4 III, Wzlliam W. Harrison, Jr., Ilarold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McCianan, Mayor Meyera E. Oberndorf Nancy K Parker, Kee Mayor William D. Se,ssoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None August 27, 1996 - 29 - Item V-J.I.d. PUBLIC HFAR[NG ITEM # 41136 PLANNING BY CONSENT Upon motion by Vice Mayor Sessom, seconded by Council Lady Strayhorn, City Council ADOPTED, an Ordinance upon application of ENTERPRISE LEASING - RAY MOSS for a Conditional Use Permit for motor vehicle rental. ORDINANCE UPON APPLICATION OF ENTERPRISE LEASING - RAY MOSS FOR A CONDITIONAL USE PERMIT FOR MOTOR VEHICLE RENTALS R08962057 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CIIY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Enterprise Leasing - Ray Moss for a Conditional Use Permit for motor vehicle rentals in the Holland Plaza Shopping Center, #14 located at the northwest intersection of South Plaza Trail and Holland Road. Said parcel contains 20 acres. KEMPSP7LLE BOROUGH. The following conditions shall be required: 1. A maximum of twenty (20) rental vehicles may be kept on the site. 2. The use shall include passenger car rentals and a maximum of two (2) vans or pick-up trucks, not to exceed cighice,, feet (189 fourteen feet (14') in length. 3. Hours of operation are to be limited to 7 AM to 9 PM. 4. Storage of rental cars shall be limited to the spaces specified on the site plan. This OrtUnance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of rzrginia Beach Virginia, on the Twenty-seventh of August, Nineteen Hundred and Ninety-Six, Voting: 11-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood 0. Branch, III, William W. Ilarrison, Jr., Ilarold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Naitcy K Parker, Vice Mayor William D. Sessotm, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None August 27, 1996 - 30 - V- I.e. PLANNING ITEM # 41137 Kevin Milcarek, 5411 Buzzards Neck Road, Phone: 721-9080, represented the Neighborhood Assembly of God. Upon motion by Council Lady Henley, seconded by Vice Mayor Sessoms, City Council ADOPTED an Ordinance upon application of NEIGHBORHOOD ASSEMBLY OF GOD for a Conditional Use Permit for a church: ORDINANCE UPON APPLICATION OF NEIGHBORHOOD ASSEMBLY OF GOD FOR A CONDITIONAL USE PERMIT FOR A CHURCH R08962058 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Neighborhood Assembly of God for a Conditional Use Permit for a church on the east side of Princess Anne Road, south of Vaughan Road Said parcel is located at 1196 Princess Anne Road and contains 11.649 acres. PUNGO BOROUGH. The following conditions shall be required: 1. Site development shall be in substantial conformance with the site plan, renderings and landscape plan exhibited to the Planning Commission and City Council. 2. The front yard setback must be measured from the ultimate right-of-way line of Princess Anne Road, lying parallel to and 35 feet east of the existing fiont property line. The Health Department has determined that the septic drain field must encroach into the ultimate right-of-way, as there is no other location on the site with suitable soils. This encroachment is permitted, but must be kept to a minimum. 3. The temporary classrooms must be painted so as to blend with the permanent building. The Northern, Eastern and Southern sides should be landscaped with a single row of wax myrtles, planted four feet (4') on center. 4. The temporary classroom component of this application is approved for a period of four (4) years. Ihis Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beacl, Virginia, on the Twenty-Seventh of August, Nineteen Hundred and Ninety-Six. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branck 111, William W Harrison, Jr., Ilarold Heischober, Barbara M. Henley, Louis R Jones, Reba S McCianan, Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None August 27, 1996 - 31 - item V-Jlf. PUBLIC HEAWNG ITEM # 41138 PLANNING BY CONSENT Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council ALLOWED WITHDRAWAL of an Ordinance upon application of CENTURY TOWING SERVICE, INC for a Conditional Use Permit, ORDINANCE UPON APPLICA4TION OF CENTURY TOWING SERVICE, INC. FOR A CONDITIONAL USE PERMIT FOR AN AUTOMOBILE BULK STORAGE YARD BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Century Towing Service, Inc. for a Conditional Use Permit for an automobile bulk storage yard on the west side of Davis Street, 573.05 feet north of Virginia Beach Boulevard Said parcel is located at 409 Davis Street and contains 22,000 square feet. BAYSIDE BOROUGH. Voting: 11-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood 0. Branck III, William W Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R Jones, Reba S. McCianan, Mayor Meyera E. Oberndorf Nancy K Parker, rice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent.- Non e August 27, 1996 - 32 - Item V-J.Ig. PUBLIC HEARING ITEM # 41139 PLANNING BY CONSENT Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council DEFERRED until the City Council Session of September 24, 1996, Ordinance upon application of C & C DEVELOPMENT, L.L.C., for a Change of Zoning District Classification: ORDINANCE UPON APPLICATION OF C & C DEVELOPMENT, L.L.C FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R- 7.5 and B-2 to CONDITIONAL B-1 Ordinance upon application of C & C Development, L.L.C. for a Change of Zoning District Classification from R-7.5 Residential District and B-2 Community Business District to Conditional B-1 Neighborhood Business District on certain property located at the southeast corner of Newtown Road and Connie Lane. The proposed zoning classification change to Conditional B-1 is for commercial land use. The Comprehensive Plan recommends use of this parcel for suburban medium density residential at densities that are compatible with single family use in accordance with other plan policies. Said parcel contains 1.53 acres. BAYSIDE BOROUGH. Voting: 11-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood 0. Brancl; III, William W Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K Parker, rice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None August 27, 1996 - 33 - item V-J.I.h. PUBLIC HEARING ITEM # 41140 PLANNING Rick McGinnis, the applicant represented himself Upon motion by Councilman Jones, seconded by Councilman Heischober, City Council ADOPTED an Ordinance upon application of McGINNIS REALTY AND DEVELOPMENT COMPANY for a Change of Zoning District Classification: ORDINANCE UPON APPLICATION OF McGINNIS REALTY & DEVELOPMENT COMPANY FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-40 and R-10 to CONDITIONAL R-10 Z08961497 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of McGinnis Realty & Development Company for a Change of Zoning District Classification from R-40 Residential District to Conditional R-10 Residential District on 7.1 acres of land, and from R-10 Residential District to Conditional R-10 Residential District on 10.553 acres of land, all located 400 feet more or less east of Diamond Springs Road beginning at a point 920 feet more or less north of Fallbrook Bend. The proposed zoning classification change to conditional R-10 is for single family residential land use on lots no less than 10,000 square feet. The Comprehensive Plan recommends use of this parcel for suburban estate residential at densities that are compatible with single family use in accordance with other Plan policies. Said parcel contains 17.653 acres. BAYSIDE BOROUGH. The following condition shall be required: 1. An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court and is hereby made a part of the record. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beack Virginia, on the Twenty-seventh of August Nineteen Hundred and Ninety-Six. Vofing: 11-0 Council Members Voting Aye: John A. Bawn, Linwood 0. Branci4 III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S McCianan, Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D. Sessons, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None August 27, 1996 @it@ C)of Nrir-Igi@iEt INTER-OFFICE CORRESPONDENCE In @ly Rder To Our File No. DF-96-4145 DATE: August 8, 1996 TO: Leslie L. Lilley DEPT: City Attorney FROM: William M. Macali DEPT: City Attorney RE: Conditional Zoning Application McGinnis Realty & Development Co. The above-referenced conditional zoning application is scheduled to be heard by the City Council on August 27, 1996. I have reviewed the subject proffer agreement, dated July 17, 1996, and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. Enclosure AGREEMENT THIS AGREEMENT made this 17th day of July, 1996, by and between DOROTHY M. MILLER and HERBERT R. MOORE, SUCCESSOR CO-TRUSTEES under a certain revocable trust established by Dorothy M. Moore on March 20, 1992, unrecorded and identified as the DOROTHY M. MOORE REVOCABLE TRUST, hereinafter collectively called "Grantor" and MCGINNIS REALTY AND DEVELOPMENT COMPANY, a Virginia corporation (the "Applicant"), both Grantors for purposes of indexing and the CITY OF VIRGINIA BEACH, a Municipal Corporation of the Commonwealth of Virginia, hereinafter called "Grantee". RECITALS: R-1 The Grantor is the record fee simple owner of the property (the "Property") located in Bayside Borougk City of Virginia Beach, Virginia and described in Exhibit A attached hereto and incorporated into this Agreement. R-2 Applicant which is the contract purchaser of the Property, has initiated an Amendment to the zoning map of the City of Virginia Beach, Virginia, by petition of the Applicant addressed to the Grantee, so as to change the zoning classification of a portion the Property from R-40 Residential District to R-10 Residential District and to subject the remaining portion of the Property which is already zoned R-10 Residential District to certain conditions as set out hereinbelow. The proposed amendment is made pursuant to the terms of the zoning ordinance of the City of Virginia Beach, Virginia, adopted April 18, 1988, as amended and as in effect as of the date of this Agreement (the "Zoning Ordinance"). R-3 The Grantee's policy is to provide only for the orderly development of land, for various purposes, including residential purposes, through zoning and other land development legislation. R-4 The Grantor and the Applicant acknowledge that competing and sometimes incompatible uses conflict and that in order to permit different uses on and in the area of the Property and at the same time to recognize the effect of the changes, and the need for various types of uses, including those listed above, certain reasonable conditions governing the use of the Property for the protection of the connnunity that are not generally applicable to land similarly zoned R-10 are needed to cope with the situation which the Applicanfs rezoning application gives rise to. R-5 The Grantor and Applicant have voluntarily offered, in writing, in advance of and prior to the public hearing before the Grantee, as part of the proposed amendment to the zoning map with respect to the Property, in addition to the regulations provided for in the existing R-10 zoning district by the Zoning Ordinance, the following reasonable conditions related to the physical development operation and use of the Property to be adopted as part I Prepared by Harry R. Purkey, Jr., P.C. of said amendment to the zoning map relative and applicable to the Property, which have a reasonable relation to the rezoning and the need for which it is generated by the rezoning. R-6 The conditions outlined in this Agreement have been proffered by the Grantor and the Applicant and allowed and accepted by the Grantee as part of the amenchnent to the Zoning Ordinance and the zoning map. These conditions shall continue in full force and effect until subsequent amenchnent changes the zoning of the Property; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance of Grantee, urdess, notwithstanding the foregoing, the conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beack Virginia and executed by the record owner of the Property at the time of recordation of such instruments; provided further that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of the ordinance or resolution adopted by the goveniing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.1-43 1, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. WITNESSETH: NOW THEREFORE, the Grantor and the Applicant, for themselves, their successors, personal representatives, assigns, grantees and other successors in title and interest voluntarily without requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro guo for zoning, rezoning, site plan, building pemiit or subdivision approval hereby make the following declaration of conditions and restrictions which shall restnct and govem the physical development operation and use of the Property and hereby covenant and agree that this declaration shall constitute covenants @g with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor and the Applicant, their successors, personal representatives, assigns, grantees, and other successors in interest or title. 1 . The preliminary subdivision plan submitted by the Grantor and the Applicant to the Department of Planning with this Agreement and entitled "Preliminary Subdivision of Property Moore's Pond at Cypress Point North" dated February 2, 1996 and revised April 16, 1996 and revised June 6, 1996 (the "Plan") is incorporated herein by reference and forms a part of this Agreement. 2. The Grantor shall cause to be recorded simultaneously with the subdivision plat for the Property deed restrictions containing, among other things, the restrictive covenants set out on Exhibit B attached hereto. 2 3. Colonial style street lights shall be installed in the public right of way with the number, location, specifications and designs to be as required by the Department of Traffic Engineering of the City of Virginia Beach and Virginia Power. 4. The Grantor and the Applicant covenant and agree that: a. 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 (i) to order in writing that any non-compliance with such conditions be remedied and (ii) to bring legal action or suit to insure compliance with such conditions including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings. b. 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. C. If aggrieved by any decision of the Zoning Administrator made pursuant to the provisions, of the City Code, the Zoning Ordinance, or this Agreement, the Grantor shall petition the governing body of Grantee for the review of such decision prior to instituting proceedings in court. d. The Zoning Map shall show by an appropriate symbol on the Map the existence of conditions attaching to the zoning of the Property on the map and that the ordinance and the conditions may be readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantor and Grantee. DOROTHY M. MILLER, SUCCESSOR CO-TRUSTEE UNDER THE DOROTHY M. MOORE REVOCABLE TRUS By orothy P. hetll'er, Co-T stee (SEAL) 3 STATE OF C4W/COLJNTY OF to-wit; 1, kl a Notary Public in and for the City and State aforesaid, do hereby certify that Dorothy M. Miller, Successor Co-Tnistee under the Dorothy M. Moore Revocable Trust, whose name as such is signed to the foregoing instrument bearing date on the 17th day of July, 1996, have acknowledged the same before me in my said City and State. GIVEN under my hand thiswe@day of 1996. Notary Public My Comniission Expires: HERBERT R. MOORE, SUCCESSOR CO-TRUSTEE UNDER THE DOROT REVOCABLE TRU By.. SEAL) Frerbirt R. Moore,@o-T@tee STATE OF CITY/COUNTY OF to-wit; 1, (SA @ , a Notary Public in and for the City and State aforesaid, do hereby certify that Herbert R. Moore, Successor Co-Trustee under the Dorothy M. Moore Revocable Trust, whose name as such is signed to the foregoing instrument bearing date on the 17th day of July, 1996, have acknowledged the same before me in my State. GIVEN under my hand this 'da, of 199fi. sion Expires: 4 McGfNNIS REALTY AND DEVELOPMENT COMPANY, a Virginia corporation By: AA EAL) R.J. MjG"' "', Presid STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit; L Kimberly L PUtsbury, a Notary Public in and for the City and State aforesaid, do hereby cer* that R.J. McGinnis, President of McGinnis Realty and Development Company, whose name as such is signed to the foregoing instrument bearing date on the 17th day of July, 1996, have acknowledged the same before me in my said City and State. GIVEN under my hand this 17th day of July, 199@. Notary PubW My Comniission Expires: September 30, 1996 /agt.moo 5 EXHIBIT "A" ALL THOSE certain lots, pieces or parcels of land with the buildings and improvements thereon, lying, situate and being in the City of Virginia Beach, Virginia, being known, numbered and designated as "PARCEL B-1" and "PARCEL B-2", as shown on that certain plat entitled "SUBDIVISION OF WEBLIN FARMS, BAYSIDE BOROUGH, VIRGINIA BEACH, VIRGINIA" which said plat is on file with the Department of Planning of the City of Virginia Beach, Virginia. /webex EXHIBIT "B" A. All dwelling houses constructed on lots shown on the Plan shall contain a two (2) car enclosed garage and shall be constructed upon a crawl space foundation. B. The exterior facade of all houses constructed on lots shown on the Plan shall be brick or a combination of brick and vinyl or wood, however at least 50% of the exterior facade of each house must consist of brick. No exterior insulation finishing systems ("EIFS") sometimes referred to "dryvit" and "sto" and other trade names shall be used on the exterior of the houses. C. Metal storage sheds and other metal sheds and chain link fences are expressly prohibited on all lots shown on the plan. D. Each one story dwelling house is constructed on a Lot shown on the Plan shall contain fully enclosed floor area of at least 2,200 sq. ft. Each two story dwelling house constructed on a lot shown on the Plan shall contain a fiffly enclosed floor area of at least 2,600 sq. ft. Any single story dwelling house that contains a room (finished or @shed) over a garage and any split-level dwelling house constructed on a lot shown on the plan shall contain a fiilly enclosed floor area of at least 2,200 sq. ft. In computing such minimum areas, the areas of porches, decks, garages, unheated storage areas and unfulished rooms over garages shall not be included. E. No satellite dish or television antenna having a diameter or a height and width in excess of thirty (30) inches shall be installed on the exterior of any dwelling house constructed on a Lot shown on the Plan. /ea - 34 - item V-Jli. PUBLIC HEARING ITEM # 41141 PLANNING Attorney Robert G. Jones, 128 South Lynnhaven Road, represented the applicant Upon motion by Council Lady McClanan, seconded by Councilman Jones, City Council ADOPTED an Ordinance upon application of CENTURY MARK DEVELOPMENT GROUP, L.L.C for a Change of Zoning District Classification: ORDINANCE UPON APPLICATION OF CENTURY MARK DEVELOPMENT GROUP, L.L.C, FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-1 and AG-2 TO CONDITIONAL R-5S Z08961498 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINL4 Ordinance upon application of Century Mark Development Group, L.L.C. for a Change of Zoning District Classification from AG-1 and AG-2 Agricultural Districts to Conditional R-5S Residential District an the east side of Holland Road beginning at a point 140 feet more or less north of Saville Garden Way. The proposed zoning classification change to R-5S is for single family land use on lots no less than 5,000 square feet. The Comprehensive Plan recommends use of this parcel for suburban low density residential at densities that are compatible with single family use in accordance with other plan policies. Said parcel contains 17.22 acres more or less. PRINCESS ANNE BOROUGH. The following condition shall be required: 1. An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court. Said agreement is hereby made a part of the record. This Ordinance shall be effective in accordance with Section 107 (t) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beack Virginia, on the Twenty-seventh of August Nineteen Hundred and Ninety-Six, Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branch, III, William W Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E Oberndorf Nancy K Parker, Vzce Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Non e August 27, 1996 Cit@ c3f 'Viirggi@iEt 13@Ei@ll INTER-OFFICE CORRESPONVENCE In Reply Refer To Our File No. DF-96-4102 DATE: August 8, 1996 TO: Leslie L. Lilley DEPT: City Attorney FROM: William M. Macali DEPT: City Attorney RE: Conditional Zoning Application Century Mark Development Group, L.L.C. The above-referenced conditional zoning application is scheduled to be heard by the City Council on August 27, 1996. I have reviewed dw subject proffer agreement, dated June 25, 1996, and have detemiine-d it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. Enclosure THIS AGREEMENT, made as of this 25th day of June, 1996, by and between CENTURY MARK DEVELOPMENT GROUP, L.L.C., a Virginia Limited Liability Company, P.D.J. Enterprises, a Virginia General Partnership, and Marvin W. Lucas (hereinafter referred to collectively as "Grantor"), and the CITY OF VIRGINIA BEACH, a Municipal corporation of the Commonwealth of Virginia (hereinafter referred to as "Grantee''). W I T N E WHEREAS, the Grantor initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition of the Grantor addressed to the Grantee, so as to change the zoning classification on the Grantorts Property from AG-1 and AG-2 Agricultural Districts to R-5(s) Residential District " n (Conditional) on three certain parcels of land, more particularly described on the attached "Exhibit All wherein the parcels are identified as "Parcel 1," "Parcel 2" and "Parcel 3" for a total of 17.446 acres, more or less, in the Princess Anne Borough of the City of Virginia Beach, Virginia, hereinafter "the Property;" and WHEREAS, the Grantee's policy is to provide only for the orderly development of land, for various purposes, including residential purposes, through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the subject Property and at the same time to recognize the effects of the changes, and the need for various types of uses, including those listed above, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned R-5(s) are needed to cope with the situation which the Grantor's rezoning application gives rise to; and WHEREAS, the Grantor voluntarily proffered in writing in advance of and prior to the public hearing before the Grantee, as part of the proposed amendment to the zoning Map, in addition to the regulations provided for in the existing R-5(s) zoning district by the existing Comprehensive Zoning ordinance, the following reasonable conditions relating to the physical development and operation of the Property to be adopted as a part of said amendment to the new Zoning Map relative to the Property described above, which have a reasonable relation to the rezoning and the need for which is generated by the rezoning; and WHEREAS, said conditions having been proffered by the Grantor to be effective upon the rezoning of the Property and having been allowed and accepted by the Grantee as part of the amendment to the Zoning ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Page 2 of 10 Virginia Beach, Virginia, and executed by the record owner of the subject Property at the time of recordation of such instrument; provided, further, that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.1- 431, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW, THEREFORE, the Grantor, for itself, its successors, 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 of quid pro quo for zoning, rezoning, site plan, building permit or subdivision approval, hereby makes the following declaration of conditions and restrictions as to the physical development and operation of the Property and governing the use thereof and hereby tenders the following covenants running with the said Property, which shall be binding following the approval of Grantor's rezoning Petition by grantee upon the Property and upon all parties and persons claiming under or through the Grantor, its heirs, personal representatives, assigns, grantees and other successors in interest or title, namely: 1. Grantor shall develop the Property at a maximum density of three units per acre in accordance with density calculations to be based on total site area outside of water, marsh and Page 3 of 10 wetlands, except that density credit shall not be calculated for any land area reserved for future right-of-way acquisition by the City of Virginia Beach. Land area dedicated to the City of Virginia Beach may be included in density calculations. 2. Grantor shall grant to the City of Virginia Beach in accordance with the plan entitled Alternate Alignment Seven of London Bridge Road ("Alternate Alignment Seven of London Bridge Road"), prepared by Kellam-Gerwitz Engineering, Inc. on July 19, 1996, and on file with the Planning Department of the City of Virginia Beach, which has been presented to the City Council of the City of Virginia Beach, an ingress-egress easement aligned with the existing Monet Drive, to serve as initial temporary access to the development from Holland Road. Grantor shall construct thereon an access street in conformance with minimum City standards. In addition, the final subdivision plat shall dedicate to the City of Virginia Beach right-of-way for a future access point connecting the site of London Bridge Road extended, also as shown on Alternate Alignment Seven of London Bridge Road, to be constructed by the developer as a stub street upon development of the proposed subdivision. Upon construction of London Bridge Road extended, at such time as is determined to be appropriate by the City of Virginia Beach the stub street shall be connected to London Bridge Road and the temporary access point shall be closed. The final subdivision plat shall provide a 30-foot right-of- way dedication along the existing Holland Road frontage of the site, and right and left turn lanes in accordance with minimum Page 4 of 10 City standards shall be constructed by the developer. Shoulder stabilization and street lighting shall be provided along the Holland Road frontage, at locations to be determined by the City Engineer. The final subdivision plat shall provide for the reservation or dedication of right-of-way for London Bridge Road extended and the Holland Road intersection with London Bridge Road extended, as shown on Alternate Alignment Seven of London Bridge Road. 3. Grantor shall preserve, to the extent practicable, all trees with a calliper in excess of six inches located on the site outside of proposed streets, driveways, dwellings, sidewalks, pools and decks and located in excess of 10 feet from the home sites. Grantor shall take all reasonable efforts to preserve the trees so identified during the development of the Property unless engineering studies indicate such trees must be removed for the purposes of lot grading and drainage as required by the City. In furtherance whereof, prior to final subdivision plat recordation Grantor shall submit for approval by the City of Virginia Beach a landscape plan prepared by a professional landscape designer making significant use of native trees and shrubs. 4. Grantor shall provide and install a high-quality entrance design for the subdivision, which shall include a monument style sign and landscaping meeting or exceeding the requirements of Sec. 214 of the City Zoning Ordinance. 5. Prior to final subdivision plat approval, Grantor shall certify that all liens, judgments or other encumbrances on the title to any property to be dedicated to the City of Virginia Page 5 of 10 Beach have been removed. 6. Further conditions may be required by the Grantee during detailed site plan and/or subdivision review and the administration of applicable City Codes by all applicable City agencies and departments to meet all applicable City Code requirements. All references hereinabove to zoning districts and to regulations applicable thereto refer to the Comprehensive Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is approved by the Grantee. 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, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO or this Agreement, the Grantor shall petition to the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map shown by an appropriate symbol on the map the Page 6 of 10 existence of conditions attaching to the zoning of the subject the conditions may property on the map and that the ordinance and be made readily available and accessible for public inspection in the office Of the zoning Administrator and in the Planning Department, and that they sliall be recorded in the Clerk's office of the circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the Graiitor and Grantee. WITNESS the following signature and seal: CENTURY @ DEVELOPMENT GROUP, L.L.C. By, _ Di Mem er STATE OF VIRGINIA, CITY OF VIRGINIA BEACII, TO-WIT: Subscribed and sworn to before me this day of July, 1996, by David S. Russotto, Managing Member of century Mark Development Group, L.L.C. my commission expires: P.D.J. Enterprises A Virginia General Partnership By: STATE OF VIRGINIA, CITY OF VIRGINIA BEACII, TO-WIT: ribed and sworn to before me this 71-@ day of July, 1996, by a Partner of P.D.J. Page 7 of 10 Marvin W. Lucas STATE OF VIRGINIA, CITY OF VIRGINIA BEACH, TO-WIT: Subscribed and sworn to before me this/@ day of July, 1996, by Marvin W. Lucas. Notary Public MY Commission Expires: @2-20-JW7 Page 8 of 10 EXHIBIT A PARCEL 1: ALL THAT certain tract, piece or parcel of land, situated in the City of Virginia Beach, Virginia, as shown on that certain plat entitled "BOUNDARY LINE SURVEY OF EARL WILSON & LULA WILSON, GEORGE B. WILSON, HOWARD ELBERT, STURGEON AND ANN MICHAEL STURGEON, EUPHUS A. FENTRESS & THOMAS W. FENTRESS, ROGER H. SAWYER & HELEN S. SAWYER, MARY PAGE RAINEY, CHARLES A. RAINEY & HILDA S. CRAMER, ATRICE L. RICHARD, ADVANCE ASSOCIATES AND WILLIAM E. BARCO & ELLA ELIZABETH BARCO, FOR P-997 RESTRICTIVE EASEMENT FY-79 CONTRACT N62470-78-C-3842 NAVAL AIR STATION OCEANA - PRINCESS ANNE BOROUGH - VIRGINIA BEACH, VIRGINIA" made by John E. Sirine and Associates, LTD., Surveyors and Engineers, dated November 14, 1978, and designated as Parcel 75, ROGER H. SAWYER AND HELEN S. SAWYER (D.b. 856, P. 668), containing 8.827 acres more or less, and recorded in the Clerk's office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 137, at page 3. IT BEING the same property conveyed to the grantor herein by deed of G. Earl Perry, unmarried, dated October 6, 1984, and recorded in the aforesaid Clerk's office in Deed Book 2368, at Page 1961. Parcel 2: ALL THAT certain tract, piece or parcel of land, situated in the City of Virginia Beach, Virginia, fronting 338.49 feet on the eastern side of Holland Road as shown on that certain plat entitled "BOUNDARY LINE SURVEY OF EARL WILSON & LULA WILSON, GEORGE B. WILSON, HOWARD ELBERT, STURGEON AND ANN MICHAEL STURGEON, EUPHUS A FENTRESS & THOMAS W. FENTRESS, ROGER H. SAWYER & HELEN S. SAWYER, MARY PAGE RAINEY, CHARLES A. RAINEY & HILDA S. CRAMER, ATRICE L. RICHARD, ADVANCE ASSOCIATES AND WILLIAM E. BARCO & ELLA ELIZABETH BARCO, FOR P-997 RESTRICTIVE EASEMENT FY- 79 CONTRACT N62470-78-C-3842 NAVAL AIR STATION OCEANA - PRINCESS ANNE BOROUGH - VIRGINIA BEACH, VIRGINIA" made by John E. Sirine and Associates, LTD., Surveyors and Engineers, dated November 14, 1978, and designated as Parcel 73, HOWARD ELBERT STURGEON AND ANN MICHAEL STURGEON (M.B. 62, P. 20) (D.B. 859, P. 376) TOTAL AREA 7.619 Acres, containing 7,619 acres more or less, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 137, at page 3. IT BEING the same property conveyed to the grantor herein by deed of G. Earl Perry, unmarried, dated April 6, 1984, and recorded in the aforesaid Clerk's Office in Deed Book 2325, at Page 901. Page 9 of 10 Parcel 3: ALL THAT certain tract, piece or parcel of land, with the buildings and improvements thereon and the appurtenances therounto belonging, situate, lying and being in Virginia Beach, Virginia, on the Northerly side of Holland Road, formerly known as Holland Swamp Road, and bounded and described as follows: Beginning at a point in the edge of Holland Road, at the edge of the intersection of the said road, the property hereby described and the property of W.H. Land, and running in a Northerly direction along a line ditch separating this property from the property of W.H. Land to the intersection of said line ditch with the main lead ditch of the Ballance Farm; thence turning and running in a Westerly direction along the said lead ditch separating the property hereby described from property now or formerly of i.C. Sawyer to the edge of the right of way of the said Holland Roadi thence turning and running along the North side of said Road in an easterly direction to the point of beginning, said tract containing approximately one (1) acre, more or less, said property being a part of the tract designated 11120 Acres" on that certain Map of J.H. Brown and Lucullus Brown Farm recorded in the said Clerk's office in Map Book 6, at page 235; and being the same property designated "Now or Formerly Euphus A. Fentress & Thomas W. Fentress (M.B. 6 pt. 2, P. 235) (D.B. 180, P. 180)" on that certain Boundary Line Survey by John E. Sirine and Associates, Ltd., for the Department of the Navy, Naval Facilities Engineering Command, ATLANTIC DIVISION, Naval Station, Norfolk, Virginia, which survey shows the location and some of the dimensions of said property, which said survey is recorded in the aforesaid Clerk's Office in Map Book 137, at page 3. LESS AND EXCEPT that property conveyed to the City of Virginia Beach by Certificate No. 1126, recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 2964, at page 394. Page 10 of 10 - 35 - item V-Jlj. PUBLiC HEARING ITEM # 41142 PLANNING Norman Malbon 1208 Smith Cove Circle, Phone: 499-5657 represented the applicant Upon motion by Council Lady McClanan, seconded by Councilman Harrison, City Council DENIED Ordinance upon application of OLIVE W. MALBON for a Modification gf Conditions placed on a rezoning (Approved 22 June 1987) from AG-2 Agricultural District to I-1 Light Industrial District: ORDINANCE UPON APPLICATION OF OLIVE W. MALBON FOR A MODIFICATION OF CONDITIONS Ordinance upon application of Olive W. Malbon for a Modification of Conditions placed on a rezoning from AG-2 Agricultural District to I-1 Light Industrial District on June 2Z 1987. Said parcel is located at the northwest intersection of Dam Neck Road and Harper's Road and contains 9.9 acres. PRINCESS ANNE BOROUGH. Voting: 10-0 Council Members Voting Aye: @n A. Baum, Linwood 0. Brancl; III, William W Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Louisa M. Strayhorn August 27, 1996 - 36 - Item V-.Llkl. PUBLIC HEARING ITEM # 41143 PLANNING Upon motion by Council Lady McClanan, seconded by Councilman Jones, City Council DEFERRED INDEFINITELY. Applications of the CITY OF VIRGINIA BEACH to AMEND and REORDAIN the City Zoning Orefinance: Set-back Requirements - Section 501(b) re reduction of side and rear yard set-back requirements for certain accessory structures within the R-7.5, R-5D, R-5R and R-5S Residential Zoning Districts. Voting: 11-0 Council Members Voting Aye: John A. Baun4 Linwood 0. Branci4 111, William W Harrison, Jr., Harold Heischober, Barbara Af. He?iley, Louis R Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Naricy K Parker, Vice Mayor Williain D. Sessoms, Jr. and Louisa M. Strayhoin Council Members Voting Nay: None Council Meinbers Absent: None August 27, 1996 - 37 - Item V-.Llk.2 PUBLIC HEARIIVG ITEM # 41144 PLANNING John Russell, Post Office Box 675, Richmond (804) 648-4442, represented Pinnacle Convenience, Inc. (Brew Thru) and stated drive-thru's should not be singled out as a type of business. Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925, spoke in OPPOSITION to the Ordinance. Michael Barrett, Chief Executive Officer - Runnymede Corporation, spoke in SUPPORT of the Ordinance. A motion was made by Councilman Branch to ADOPT, AS REVISED: Ordinance regulating Drive- Through facilities in the RT-1 and RT-2 Resort Tourist Zoning Districts and in the RT-3 Resort Tourist Zoning District east of Arctic Avenues. Upon motion by Councilman Branch, seconded by Council Lady Strayhorn, City Council DEFERRED until the City Council Session of September 3, 1996. Ordinance regulating Drive-Through facilities in the RT-1 and RT-2 Resort Tourist Zoning Districts and in the RT-3 Resort Tourist Zoning District east of Arctic Avenue. Voting: 11-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood 0. Branci4 III, William W Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R Jones, Reba S McClanan, Mayor Meyera E. Oberndorf Nancy K Parker, rice Mayor William D. Sessoms, Jr. and Louisa M Strayhorn Council Members Voting Nay: None Council Members Absent.- None Vice Mayor Sessoms DISCLOSED he is an officer of Central Fidelity Bank, who has offices located in the RT-1, RT-2 and RT-3 Resort Tourist Zoning Districts. 7his Ordinance, if adopted, will affect drive-thru establishments including banks. However, he is able to participate fairly, objectively and in the public interest. Vice Mayor Sessoms read said letter into the record. Councibnan Louis Jones DISCLOSED he is on the Board of Directors of a Bank; owning more than 3% of the stock and receiving more than $10,000 a year; however, said Bank is not located within the RT- 1, RT-2 and RT-3 Resort Tourist Zoning Districts. 7he City Attorney advised he was able to participate fairly, objectively and in the public interest. Council Lady Strayhorn DISCLOSED she is on the Board of Directors of a Bank within the RT-1, RT-2 and RT-3 Resort Tourist Zoning Districts; however, did not receive income of $10, 000 or more nor own 3% of the stock, 7he City Attorney advised she was able to participate fairly, objectively and in the public interest. August 27, 1996 - 38 - item V-Ki. APPOINTMENTS ITEM # 41145 BY CONSENSUS, City Council RESCHEDULED the following Appointment: COMMUNITY SERVICES BOARD PUBLIC LIBRARY BOARD SOUTHEASTERN VIRGINIA AREAWIDE MODEL PROGRAM (SEVAMP) August 27, 1996 - 39 - item V-L.I. UNFINISHED BUSINESS ITEM # 41146 ADD-ON Councilman Baum advised of his invitation to accompany three of the Sandbridge residents, a consultant and an official on the four-hour trip re the Dredging. 3,000 cubic yards are brought back and pumped into shore, which is very interesting to see. He was not aware that Dam Neck has installed a concrete seawall on the top edge of the sand. Councilman Baum said this was a most interesting and worthwhile trip. August 27, 1996 - 40 - item V-Ml. NEW BUSINESS ITEM # 41148 City Council DESIGNATED, BY CONSENSUS, VOTING DELEGATES National League of Cities (NLC) Annual Conference - December 7-10, 1996 Mayor Meyera E. Oberndorf - Voting Delegate Council Member Louisa M. Strayhorn - Alternate Council Member Nancy K. Parker - Alternate August 27, 1996 - 41 - Item V-N.I. ADJOURNMENT ITEM # 41149 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 9:20 P.M. B 0. Hooks, CMCIAAE Chief Deputy City Clerk ---------- -------------------------- Ruth Hodges Smiti4 CMCIAAE Meyera E. Oberndorf City Clerk Mayor City of Virginia Beach Virginia August 27, 1996