FEBRUARY 11, 1997 MINUTESCity of Virginia Be ch
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
MAYOR MEYERA E OBERNDORF, At Large
VICE MAYOR WILLIAM D SESSOMS, JR, At L~rgt
]OHN A BAUM, Blackwatr~ Borough
! INglOOD 0 BRANCII III V.R,nm I~a,h
glILIdAM gl IIARRISON JR, Lvnnhaven
HAROLD HEISCHOBER, At Large
BARBARA M HENLEY, Pungo Borough
LOUIS R JONES, Bays~de Borough
REBA S McCLANAN, Princess Anne Borough
NANCY K PARKER At Large
LOUISA M STRA YHORN Kemp.alle Borough
JAMES K SPORE, Ctty Manager
LESLIE L LILLEY C~ty Attorney
RUTH HODGES SMITH CMC / AAE, C:ty Clerk
CITY COUNCIL AGENDA
February 11, 1997
C I1 Y IfALL BUILDING
2401 ¢ OUR711()USF DRIVE
VIRGINIA Bt-A( II VIRGINIA 2 {4~6 0O05
~757~ 427
I ·
CITY MANAGER'S PRESENTATION
- Conference Room -
a.
SPSA ISSUES
Durwood Curling, Executive Director, SPSA
10:00 AN
II. REVIEW OF AGENDA ITEMS
III. CITY COUNCIL CONCERNS
IV. INFORMAL SESSION
- Conference Room -
10:30 AN
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO EXECUTIVE SESSION
V. FORMAL SESSION
- Council Chamber -
2'00. PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. INVOCATION:
Reverend Larry Shoaf
Virginia Beach Community Chapel
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
February 4, 1997
G. 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 ·
PUBLIC HEARING
1. ELECTION DISTRICTS AND VOTING PLACES
J·
ORDINANCES
I ·
Ordinance to AMEND and REORDAIN Section 10-1 of the City Code
re a new polling location for South Beach Precinct at the
Rescue Squad Building; and, ADDING Hunt Precinct at the
Princess Anne Recreation Center.
Ordinance to REPEAL Chapter 4, Article IV of the City Code re
bingo games and raffles. (Deferred 2/4/97)
·
Independence Boulevard Phase IV-B (Intersection of Haygood
Road/Independence Boulevard) and IV-C (Pembroke Boulevard to
Haygood Road) - CIP #2-175/2-219 (BAYSIDE BOROUGH):
a·
Resolution re location and major design features of
proposed project as presented at the December 3, 1996,
Public Hearing; and, to authorize the execution of all
necessary utility agreements required·
b·
Ordinance to authorize acquisition of property in fee
simple for right-of-way and the acquisition of temporary
and permanent easements by agreement or condemnation·
·
Ordinance to ACCEPT and APPROPRIATE a $48,046 Grant from the
"Safe from the Start", "Family Crisis" and "Fatherhood/
Manhood" programs to the Department of Mental Health-Mental
Retardation-SubstanceAbuse FY 1996-1997 Operating Budget; to
authorize the City Manager to execute any necessary
agreements; and, estimated revenue from federal and state
funding be increased accordingly.
·
Ordinance to authorize License Refunds in the amount of
$2,307.69.
K. RESOLUTION
i ·
Resolution re a policy for sharing certain General Fund
Revenues between the City and the Virginia Beach School Board.
(Deferred January 7, 1997 and February 4, 1997)
L·
PUBLIC HEARING
PLANNING BY CONSENT - To be determined during the Agenda Review Session.
2:30 PM
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Application of ANDERSON PARK ASSOCIATES, INC. for an
enlargement of a nonconforming use on the South side of 60th
Street, East of Atlantic Avenue to expand the living area and
add a third story to the dwelling at 106 60th Street,
containing 8,712 square feet more or less (LYNNHAVEN BOROUGH).
Recommendation: DEFER INDEFINETLY
.
.
.
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·
.
Petition of VIRGINIA BEACH MARLIN CLUB, INC., AND WALTER CASON
BARCO for the discontinuance, closure and abandonment of the
following parcels (VIRGINIA BEACH BOROUGH):
Parcel 1: Portion of Greensboro Avenue beginning at the
Northwest intersection of Greensboro Avenue and Mediterranean
Avenue, running a distance of forty-eight (48) feet along the
Northern property line (Southern boundary of Block 30, Shadow
Lawn Heights) and running in a Southeasterly direction to the
Southwest intersection of Greensboro Avenue and Mediterranean
Avenue, containing 1,327 square feet.
Parcel 2: Portion of Mediterranean Avenue, running a distance
of forty-one (41) feet along the Eastern property line
(Western boundary of Lot 1, Block 18, Shadow Lawn Heights) and
running in a Northwesterly direction to the Southwest
intersection of Greensboro Avenue and Mediterranean Avenue,
containing 1,547 square feet.
Deferred for Compliance: January 28, 1992
Additional Deferrals: August 11, 1992; February 9, 1993;
February 8, 1994; February 14, 1995;
February 13, 1996
Recommendation:
ADDITIONAL 180-DAY DEFERRAL
Ordinance in the petition of LEDESA LAND COMPANY, a Virginia
General Partnership, for the discontinuance~ closure and
abandonment of a 15-foot alley between Lots 9 and 21, Block
20, Croatan Beach, containing 750 square feet (LYNNHAVEN
BOROUGH).
Deferred for Compliance: August 27, 1996
Recommendation:
FINAL APPROVAL
Applications of WIRELESS PCS INC., agent for AT&T Wireless PCS
Inc., for Conditional Use Permits for wireles~ communication
facilities (PRINCESS ANNE BOROUGH):
a.
Northwest intersection of Dam Neck Road and Harpers Road,
containing 9.9 acres (Deferred 1/28/97).
be
Southwest corner of Bells Road and South Birdneck Road
(1195 Bells Road), containing 1.814 acres.
Recommendation:
APPROVAL
Application of LYNNHAVEN UNITED METHODIST CHURCH for a
Gonditlonal Use Permit for two 13~-foot monopole communication
towers on the South side of Little Neck Road, East of Red Oak
Road ( 1033 Little Neck Road), containing 3.44 acres (LYNNHAVEN
BOROUGH ).
Recommendation:
APPROVAL
Application of JOHN WINSLOW and ELIZABETH WINTERS CROMWELL for
a Conditional Use Permit for a shelter for farm employees on
the East side of New Bridge Road, 2200 feet more or less South
of Sandbridge Road (3116 New Bridge Road), containing 167.43
acres (PRINCESS ANNE BOROUGH).
Recommendation:
APPROVAL
Application of GLENN D. BURCH for a Conditional Use Permit for
a home occupation (clock repair) on the South side of
Challedon Drive, 1215.66 feet East of Court Fleet Circle (5333
Challedon Drive), containing 26,700 square feet (KEMPSVILLE
BOROUGH).
Recommendation: APPROVAL
.
·
Application of ATRIA COMMUNITIES, INC., for a Gonditional Use
~,~ for an assisted living and retirement housing on the
North side of Old Donation Parkway, beginning at a point
1011.65 feet East of First Colonial Road, oontaining 5.1 acres
(LYNNHAVEN BOROUGH).
Recommendation'.
APPROVAL
Applications of TAYLOR FARM ASSOCIATES, L.L.C. on property
1980 feet more or less South of London Bridge Road beginning
at a point 200 feet more or less West of Piney Bark Drive,
containing 180.79 acres (PRINCESS ANNE BOROUGH):
a.
ChanGe of Zoning District Classification from AG-1 and
AG-2 AGricultural Districts to R-10 Residential District.
b. Conditional Use Permit for Open Space Promotion.
Recommendation:
APPROVAL
10. Application of DEVELOPMENT OPTIONS, INC., for a Conditional
ChanGe of Zoning District Classification from R-5D Residential
Duplex District to Conditional B-2 Community Business District
at the Northeast intersection of Lynnhaven Parkway and Salem
Road, adjacent to Salem Crossing Shopping Center, containing
5.14 acres (KEMPSVILLE BOROUGH).
Staff Recommendation: DENIAL
Recommendation'.
APPROVAL
11. Application of KING PUTT ASSOCIATES, L.P., and BAY ASSOCIATES
for a Conditional ChanGe of Zoning District Classification
from B-2 Community Business District to Conditional A-24
--
Apartment District on the East side of General Booth
Boulevard, South of South Birdneck Road (920 General Booth
Boulevard),a containing 4.1007 acres (PRINCESS ANNE BOROUGH).
Recommendation:
APPROVAL
Mo
APPOINTMENTS
CHESAPEAKE BAY PRESERVATION AREA BOARD
N. UNFINISHED BUSINESS
O. NEW BUSINESS
P. ADJOURNMENT
* * * * * * * * * *
COUNCIL RETREAT
FEBRUARY 18, 1997
VIRGINIA BEACH PAVILION
* * * * * * * * *
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 427-4303
Hearing impaired, call: TDD only 427-4305
(TDD - Telephonic Device for the Deaf)
* * * * * * * * *
02/06/97BAP
AGENDA\ 02-11 - 97 . PLN
i i i · II I III I II I I
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
H
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H I M B --
A S C E S R
DATE: February 11, 1997 B R C H C R P E A
PAGE: I R R H E J L N A S Y
B A I O N O A D R S H
A N S B L N N O K O O
AGENDA U C O E E E A R E M R
ITEM # SUBJECT MOTION VOTE M H N R Y S N F R S N
I/A PRESENTATION: Durwood
Curling, Exec
SPSA ISSUES Dir, SPSA
U/Ill/ CERTIFICATION OF EXECUTIVE CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y
IV/V/E SESSION
F MINUTES - February 4, 1997 APPROVED 10-0 Y Y Y A Y Y Y Y Y Y Y
B
S
T
A
N
E
D
G AGENDA FOR FORMAL SESSION ADOPTED B Y C O N S E N S U S
,,.
i r I 1,
H/I/1 PUBLIC HEARING No Speakers
ELECTION DISTRICTS/VOTING
PLACES
J/1 Ordinance to AMEND Sec 10-1 of the ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
Code re polling location: South Beach CONSENT
Precinct at Rescue Squad Budding/Hunt
Precinct at Princess Anne Recreation
Center.
2 Ordinance to REPEAL Chapter 4/Article Al)OPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
IV/of City Code re bingo games/raffles. CONSENT
(Deferred 2/4/97)
3 Independence Boulevard Phase IV-B AI:X:)PTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
(Haygood Road/Independence Blvd )/ CONSENT w~th
IV-C (Pembroke Bird to Haygood Road) understanding
(BAYSIDE BOROUGH): traffic light w~ll
be installed at
a. Resolution re location/major design Independence/
features/authorize utility agreements W~chduck Road
b. Ordinance to authorize acquisition of
property in fee simple for r-o-
w/acquls~bon of easements by
agreement or condemnation
4 Ordinance to ACCEPT/APPROPRIATE A[:X:)PTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
$48,046 Grant from 'Safe from the CONSENT
Start'/'Farndy Crisis/"Fatherhood/
Manhood" programs to
MHMRSA/authorize agreements
5 License Refunda - $2,307.$9. APPROVED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
CONSENT
K/1 Resolution re policy tor sharing DEFERRED TO 11-0 Y Y Y Y Y Y Y Y Y Y Y
Revenues between City/School Board 2/25/97
(Deferred Jan. 7/F'eb 4, 1997)
Add to Agenda a Resolution re School ADDED 10-1 Y Y Y Y Y N Y Y Y Y Y
Formula.
ADD Resolution to advise School Board ADOPTED 7-4 Y N Y Y Y N N Y Y Y N
ON estimated available local support for
Public Schools in FY 1997-1998
I../1 ANDERSON PARK ASSOC. INC. DEFERRED 10-0 Y A Y Y Y Y Y Y Y Y Y
enlargement of nonconforming use to INDEFINITELY
expand Irving area/add third story at 106 BY CONSENT
60th Street (LYNNHAVEN BOROUGH)
2 VA BEACH MARLIN CLUB/WALTER ALLOWED 10-0 Y A Y Y Y Y Y Y Y Y Y
CASON BARCO closure of port~on of ADDITIONAL
Greensboro Ave and porbon of DEFERRAL TO
Mediterranean Ave, Shadow Lawn 8/12/97 BY
Heights (VIRGINIA BEACH BOROUGH) CONSENT
(Deferred for Compliance' Jan 28, 1992
Deferrals' Aug '92; Feb '93; Feb '94; Feb
'95; Feb 96)
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
H
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H I M B T
A S C E S R
DATE: February 11, 1997 B R C H C R P E A
PAGE: 2 R R H E J L N A S Y
B A I O N O A D R S H
A N S B L N N O K O O
AGENDA U C O E E E A R E M R
ITEM # SUBJECT MOTION VOTE M H N R Y S N F R S N
I
3 LEDESA LAND CO closure of 15-foot AUTHORIZED 10-0 Y A Y Y Y Y Y Y Y Y Y
alley at Croatan Beach (LYNNHAVEN FINAL
BOROUGH) (Deferred for Compliance' APPROVAL BY
Aug. 27, 1996) CONSENT
4~a WIRELESS PCS INCJAT&T CUPS' APPROVED/ 10-0 Y Y A Y Y Y Y Y Y Y Y
Communication facil~les (PRINCESS CONDITIONED/
ANNE BOROUGH)' AMENDED
Dam Neck Road/Harpers Road (Deferred
1/28/97)
Bells Road/South Birdneck Road APPROVED/ 10-0 Y A Y Y Y Y Y Y Y Y Y
CONDITIONED
BY CONSENT
5 LYNNHAVEN UNITED METHODIST DEFERRED TO 10-0 Y A Y Y Y Y Y Y Y Y Y
CHURCH CUP: Two 135-foot mono~x)le 3/25/96 BY
towers at 1033 Little Neck Road CONSENT
(LYNNHAVEN BOROUGH).
6 JOHN WlNSLOW/ELIZABETH WINTERS APPROVED/ 9-0 Y A Y Y A Y Y Y Y Y Y
CROMWELL CUP: Shelter for farm CONDITIONED B
employees at 3116 New Bridge Road BY CONSENT S
(PRINCESS ANNE BOROUGH). T
A
I
N
E
D
7 GLENN D. BURCH CUP: Clock repair at APPROVED/ 10-0 Y A Y Y Y Y Y Y Y Y Y
5333 Challedon Drive (KEMPSVILLE CONDITIONED
BOROUGH). BY CONSENT
8 ATRIA COMMUNITIES, INC. CUP: APPROVED/ 10-0 Y A Y Y Y Y Y Y Y Y Y
Aspired Iivin~retiremerlt housing on Old CONDITIONED
Donation Parkway/First Colonial Road BY CONSENT
(LYNNHAVEN BOROUGH).
9 TAYLOR FARM ASSOC. at London DEFERRED 10-0 Y A Y Y Y Y Y Y Y Y Y
Bridge Road/Piney Bark Drive INDEFINITELY
(PRINCESS ANNE BOROUGH)' BY CONSENT
a. COZ from AG-I/AG-2 to R-10
b. CUP: Open Space
10 DEVELOPMENT OPTIONS, INC. DEFERRED 11-0 Y Y Y Y Y Y Y Y Y Y Y
Cond~lonal COZ from R-5D to INDEFINITELY
Q0nd~tional B-~ at Lynnhaven
Parkway/Salem Road (Salem Crossing
Shopping Center) (KEMPSVlLLE
BOROUGH).
11 KING PUTT ASSOCJBAY ASSOC. APPROVED/ 10-0 Y A Y Y Y Y Y Y Y Y Y
Conditional COZ from B-2 to Conditional PROFFERED
A-~4 at 920 General Booth Blvd BY CONSENT
(PRINCESS ANNE BOROUGH)
M APPOl NTMENTS: RESCHEDULED B Y C O N S E N S U S
CHESAPEAKE BAY PRESERVATION
AREA BOARD
N/O/P ADJOURNMENT' 5.00 PM
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
February 11, 1997
Mayor Meyera E. Oberndorf called to order the PRESENTATION to the VIRGINL4 BEACH CITY
COUNCIL in the Council Conference Room, City Hall Building, on Tuesday, February 11, 1997, at 10:00
Council Members Present:
John ,4. Baum, Linwood O. Branch, III, Barbara M. Henley, Harold
Heischober, Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf and Nancy K. Parker
Council Members Absent:
Vice Mayor William D. Sessoms, Jr. [ENTERED: 11:00 A.M.]
William I~. Harrison, Jr.
[ENTERED: 10:50 A.M.]
Louisa I~ Strayhorn [ENTERED: 10:10 A.M.]
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PRESENTATION
SPSA ISSUES
10:00 A.M.
ITEM It 41737
Durwood Curling, Executive Director - Southeastern Public Service Authority, advised the agency has
had a reasonably good year, revenue is ahead of budget and expenditures are below budget. There have
been difficult times at the beginning of last fiscal year, July 1995, when substantial quantities of waste
were lost to private landfills outside of the SPS~ service area. However, the Board of Directors made
adjustments and believes SP~4 has recovered from those difficult times. SPSA took the first ton of
garbage January 1985. At the time the agency and facilities were built and financed, there were no private
disposal options available to the eight communities. All the major national solid waste collection
companies came in the second 7~alf of the 1980's.
During the first six years, SPSA received all of the waste generated within Southeastern Virginia.
Beginning in the 1990's, there have been nine major landfills built in eastern Virginia by private firms,
al~ but one of those, is located east of Interstate 95. The exception is slightly west in Amelia County.
Those landfills were built on the assumption there wouM be a great deal of waste available from the
northeast. EPA regulations were going to require old landfills that did not comply with new regulations
to close, and it was anticipated Virginia would receive a great deal of waste out of the northeast. The
magic date was October 9, 1993, that landfills would have to close. EPA changed the regulations at the
last minute and permitted many of those landfills to remain in operation. EPA ruled the landfills could
not expand horizontally, but could expand vertically. As a result, a great deal of the waste anticipated
did not materialize. The second impact was the United States Supreme Court decision in May 1995
"Carbone Decision", which stated absent specific authority from the United States Congress, local
governments do not have the ability to mandate where the waste generated in their community will be
disposed SPSA has a contract with each of its eight member communities, which says the community will
deliver or cause to be delivered to SPX4, 95% of the waste generated in the community. The
responsibility to enforce same lies with the Community. SPSA has no enforcement responsibility. When
the Supreme Court took away the ability of the local governments to enforce that contract, SPSA began
to see a great deal of waste exported out of Southeastern Virginia to one or more of the nine landfills.
This was the second major impact. SPSA is planning for the expansion of the regional landfill in Suffolk
by adding an additional cell to that landfill, which should be in place by the year 2000. SPSA bid the
construction of the "cell" and also received private sector proposals concerning disposing of this same
quantity of waste on an annual basis. The low bid to construct the "cell" was received from E.V.
Williams Company. SPSA employed the firm of R. W. Beck to perform the analysis concerning the private
sector. R. W. Beck determined, utilizing a present value approach, it was approximately $7.5-MILLION
less expensive; and, utilizing an escalated cost approach, it was $8.3-MILLION less expensive over the
next five years. SPSA has instructed staff to proceed with the construction of the next "cell".
SPSA created a SubCommittee of the Intergovernmental Coordinating Committee, consisting of Finance
Directors to investigate funding alternatives for SPSA. At the present time, SPSA relies on tipping fees
and revenue from the sale of energy to the United States Navy. Patricia Phillips, Director of Finance
for the City of Virginia Beach, has been very active in this SubCommittee. This group is in the process
of recommending a consultant to prepare the analysis for SPS,4. One of the alternatives being reviewed
is an assessment program. SPSA has no authority under State Law to levy an assessment. This
assessment wouM have to be levied by each of the Member Communities.
The Budget for the coming year does not contain any increase in tipping fees. There is' a reduction in
yard waste at the RDF plant in the City of Portsmouth from $48.50 to $25.00 per ton.
Also contained in the Budget is the first payment in the amount of $1,250,000 of a total of five payments
from SPR4 to Virginia Beach for the enlargement of Mount Trashmore II.
Since 1988, SPSA's Staff along with the Corps of Engineers, Environmental Protection Agency and
Virginia Department of Highways, is completing an Environmental Impact Statement for the enlargement
of the regional landfill in Suffolk. Additional capacity will be needed outside of the existing landfill
contiguous thereto in the year 2013-15. Wetlands are involved, and; therefore, to perform the expansion
a 404 permit is needed from the EPA. The Virginia Department of Highways wants to participate in the
mitigation of the site in Chesapeake.
February 11, 1997
-3-
PRESENTATION
SPSA ISSUES
ITEM # 41737 (Continued)
VDOT has indicated they would like to have one-half of the site to create a wetlands bank as Virginia
Beach has created. FDOT has committed to purchase 1500 acres of the expansion site on the North
Carolina line on Route 17 across from the Dismal Swamp.
SPSA continues to advocate the passage of waste flow control by the U.S. Congress.
Durwood Curling distributed information re "Impact of Lost Commercial Waste" and "Comparison of
Tipping Fees and other Waste Management Charges in Virginia Metropolitan Areas", which are hereby
made a part of the record.
IMPACT OF LOST COMMERCIAL WASTE
(From Fiscal Year 1994 to 1996)
Commercial Waste received declined 26%
Virginia Beach's annual cost increased by $2,659,000
Chesapeake's annual cost increased by $1,427,0000
Norfolk's annual cost increased by $934,000
Isle of Wight's annual cost increased by $339,000
Southampton's annual cost increased by $202,000
FranMin 's annual cost increased by $119,000
All member costs increased $6,267,000
SPSA's Annual Operating Costs declined by $621,000
The Comparison of Tipping Fees and other Waste Management Charges in Virginia Metropolitan Areas
compares the Southeastern Public Service Authority with the Richmond Metropolitan Area, Northern
Virginia, the Roanoke Area and the Peninsula Area. The City of Hampton probably has the best garbage
disposal situation in the State. Hampton has a massive landfill and built one of the first in the Country
waste-to-energy plant. Their tipping fee is $$8.00/ton Commercial and $19.02/ton Municipal Hampton
pays $1.35 per home, per month for weeMy collection of recycling. Richmond has the highest tipping
fees in the State.
SPSA has no desire to collect garbage nor has it the authority to institute an across-the-board service
charge for garbage collection. It must be done by each of the member communities. SPSA disposal rates
are competitive with other parts of the State. SPSA's $25.00 per ton rate for private waste is lower than
anywhere else in the State, and is competitive with the rates in Hampton and Newport News. SPS,4 utilizes
the private sector extensively in its operations. A Gas-to-Energy Plant exists at the landfill. SPSA shares
in the revenue from the sale of energy to VEPCO, which amounts to approximately $15,000 per month.
The recycleables collected by SPSA are processed and marketed by Tidewater Disposal. The Tire
Shredder owned by SPS~ is operated by a private firm. The ferrous metal plant is operated by a private
firm.
SPSA has a contract with each community, which expires in the year 2018. SPSA's debt ($260-
MILLION) is in place. This is approximately $250.00 per capita. The population in SPSA's service area
is 1,050,000. The cities have a world class solid waste management system in place for $250.00 per
capita. As long as SPSA remains competitive, Mr. Curling believes the Board will keep SPSA in
operation.
The majority of the private commercial waste in the eight communities has always been collected by the
private sector. Prior to the national companies coming on the scene, there were small companies such as
Bay Disposal, Service Disposal, et cetera, all of which were purchased by the national companies.
Historically commercial waste collection, with some exceptions, has been provided by private companies.
The principal exception is the City of Franklin, which collects an overwhelming majority of the garbage.
Chesapeake, FranMin, Portsmouth and Norfolk agreed to back the first bond issue in 1984 on a per
capita basis. This bond issue was $26-MILLION, which was used to build the transfer station, the first
part of the landfill, and buy this equipment. This obligation is fulfilled in the year 2004. Virginia Beach
was not a party to this commitment nor were the counties, because at that time, this obligation in the
counties would have required a referendum. These four communities would be responsible for paying off
that portion of the $26-MILLION bond issue, if SPSA were to go out of business.
February 11, 1997
-4-
AGENDA RE VIE 14' SESSION
11:18 A.M.
ITEM # 41738
Assistant City Attorney Randall Blow advised conferring with Robert Matthias, Assistant City Manager,
that there are some measures before the General Assembly involving Bingo, but nothing which would have
an effect on this Ordinance.
J. 2 Ordinance to REPEAL Chapter 4, Article IV of the City Code
re bingo games and raffles. (Deferred 2/4/97)
ITEM # 41739
Councilman Heischober inquired if a left turn signal will be available at Witchduck Road and
Independence Boulevard at the hospital.
J. 4
Independence Boulevard Phase IV-B (Intersection of Haygood
Road/Independence Boulevard) and IV-C (Pembroke
Boulevard to Haygood Road) - CIP #2-175/2-219 (BAYSIDE
BOROUGH):
Resolution re location and major design features of proposed
project as presented at the December 3, 1996, Public Hearing;
and, to authorize the execution of all necessary utility
agreements required.
Ordinance to authorize acquisition of property in fee simple for
right--of-way and the acquisition of temporary and permanent
easements by agreement or condemnation.
John Herzke, City Engineer, advised the City staff was investigating and will reply during the Formal
Session.
ITEM # 41740
Mayor Oberndorf advised this Resolution will be discussed during the Formal Session.
K1 Resolution re a policy for sharing certain General Fund
Revenues between the City and the Virginia Beach School
Board. (Deferred January 7, 1997 and February 4, 1997)
The City Manager advised of a meeting with the Mayor, Vice Mayor, Superintendent, and School Board
Chairman relative the revenue sharing and decided to redraft the previous agreement. Additional
language for the actual amendment of the policy was received yesterday afternoon from the Board
Chairman. E. Dean Block, Director of Management Services, will present information relative revenue
sharing during the Formal Session. Deferral is requested until the City Council Session of February 25,
1997. Because of time constraints, the City Manager suggested if this Resolution is DEFERRED, an
ADD-ON Resolution to advise the Virginia Beach School Board of estimated available local support for
public schools for fiscal year 1997-98 be ADOPTED. The City Manager advised any fund balance at
the end of the year due to additional revenues would be shared on whatever percentage was decided. The
School Board should be receiving the Budget proposal from the Superintendent on February 18, 1997.
Mayor Oberndorf advised the Board Members are sensitive relative the $12-MILLION shortfall, and feel
reluctant to request a tax increase, if necessary. A lump sum was also discussed, but the Mayor, Vice
Mayor and City Manager advised they could not recommend same. This was accepted. The following
verbiage has been incorporated in the ~DD-ON Resolution: "Requests for additional funding for schools
above the shared revenue amount must be accompanied by a formal vote of the School Board requesting
a tax increase following a public hearing".
February 11, 1997
-5-
AGENDA RE VIE tV SESSION
ITEM # 41741
BY CONSENSUS, the following items shall compose the CONSENT AGENDA:
ORDINANCES
J. 1
Ordinance to AMEND and REORDAIN Section 10-1 of the
City Code re a new polling location for South Beach Precinct
at the Rescue Squad Building; and, ADDING Hunt Precinct at
the Princess Anne Recreation Center.
J. 2 Ordinance to REPEAL Chapter 4, Article IV of the City Code
re bingo games and raffles. (Deferred 2/4/97)
J. 3
Independence Boulevard Phase IV-B (Intersection of Haygood
Road/Independence Boulevard) and IV-C (Pembroke
Boulevard to Haygood Road) - CIP #2-175/2-219 (BAYSIDE
BOROUGH):
a.
Resolution re location and major design features of proposed
project as presented at the December 3, 1996, Public Hearing;
and, to authorize the execution of all necessary utility
agreements required.
Ordinance to authorize acquisition of property in fee simple for
right-of-way and the acquisition of temporary and permanent
easements by agreement or condemnation.
J. 4. Ordinance to ACCEPT and APPROPRIATE a $48,046 Grant
from the "Safe from the Start", "Family Crisis" and
"Fatherhood/ Manhood~ programs to the Department of
Mental Health-Mental Retardation-Substance Abuse FY
1996-1997 Operating Budget; to authorize the City Manager
to execute any necessary agreements; and, estimated revenue
from federal and state funding be increased accordingly.
J. 5 Ordinance to authorize License Refunds in the amount of
$2,307.69.
February 11, 1997
-6-
AGENDA RE VIEW SESSION
ITEM # 41742
Council Lady Parker referenced:
L.2
Petition of VIRGINIA BEACH MARLIN CLUB, INC., AND
WALTER CASON BARCO for the discontinuance, closure and
ob~todonment of the following parcels (VIRGINIA BEACH
BOROUGH):
a.
Parcel 1: Portion of Greensboro Avenue beginning at the
Northwest intersection of Greensboro Avenue and
Mediterranean Avenue, running a distance of forty-eight (48)
feet along the Northern property line (Southern boundary of
Block 30, Shadow Lawn Heights) and running in a
Southeasterly direction to the Southwest intersection of
Greensboro Avenue and Mediterranean Avenue, containing
1,327 square feet.
Parcel 2: Portion of Mediterranean Avenue, running a
distance of forty-one (41) feet along the Eastern property line
(Western boundary of Lot 1, Block 18, Shadow Lawn Heights)
and running in a Northwesterly direction to the Southwest
intersection of Greensboro Avenue and Mediterranean Avenue,
containing 1,547 square feet.
Council Lady Parker believed the original street closure was to provide needed parking, but in actuality
the applicant will be installing more piers. Council Lady Parker requested the verbatim of January 28,
1992. This item will be DEFERRED for an additional 180 days.
ITEM # 41743
Councilman Harrison advised he was not in SUPPORT of this application, but will DEFER
INDEFINITELY.
L.5 Application of L YNNHA VEN UNITED METHODIST
CHURCH for a Conditional Use Permit for two 135-_foot
monovole communication towers on the South side of Little
Neck Road, East of Red Oak Road (1033 Little Neck Road),
containing 3.44 acres (L YNNHA VEN BOROUGH).
Mayor Oberndorf believed the residents would prefer a thirty-day deferral. Councilman Harrison
concurred with the DEFERRAL to March 25, 199Z This deferral shouM provide adequate time
concerning location of the towers.
ITEM # 41744
Council Lady Henley advised she will be ABSTAINING on this ite,,~ as she might be hiring these farm
employees from time-to-time.
L. 6. Application of JOHN WINSLOW and ELIZABETH
WINTERS CROMWELL for a Conditional Use Permit for a
shelter _for _farm employees on the East side of New Bridge
Road, 2200 feet more or less South of Sandbridge Road (3116
New Bridge Road), containing 167. 43 acres (PRINCESS ANNE
BOROUGH)
February 11, 1997
-7-
AGENDA RE VIE 14' SESSION
ITEM # 41745
Council Lady McClanan advised the Attorney had informed her they would request DEFERR,4L for this
application:
L. 9
Applications of TAYLOR F~ ASSOCL4TES, L.L.C. on
property 1980 feet more or less South of London Bridge Road
beginning at a point 200 feet more or less West of Pt'ney Bark
Drive, containing 180. 79 acres (PRINCESS ANNE
BOROUGH):
a.
Change of Zoning District Class(fication from AG-1 and AG-2
Agricultural Districts to 1~-10 Residential District.
b. Conditional Use Permit for Oven Soace Promotion.
Council Lady Henley advised if this application was going to be heard and not DEFERRED, she wished
discussion.
ITEM # 41746
Council Lady Strayhorn advised this will be discussed daring the FORMAL SESSION:
LIO
Application of DEgrELOPMENT OPTIONS, INC., for a
Conditional Change of Zoning District Class(5cat~'o~ from I~-
5D Residential Duplex District to Conditional B-2 Communi~_
Business District at the Northeast intersection of Lynnhaven
Parkway and Salem Road, adjacent to Salem Crossing
Shopping Center, containing 5.14 acres (KEMPSVILLE
BOROUGH).
ITEM # 41747
BY CONSENSUS, the following items shall compose the PLANNING BY CONSENT AGENDA:
PL4NNING
L. 1
Application of ANDERSON PARK ASSOCIATES, INC. for an
enlargement of a nonconforming use on the South side of 60th
Street, East of Atlantic Avenue to expand the living area and
add a third story to the dwelling at 106 60th Street, containing
8, 712 square feet more or less (LYNNHAVEN BOROUGH).
L. 2
Petition of VIRGINIA BEACH MARLIN CLUB, INC., AND
W~TER CASON BARCO for the discontirtuartc¢, clo~ure and
abandooment of the following parcels (VIRGINIA BF_~CH
BOROUGH):
Parcel 1: Portion of Greensboro Avenue beginning at the
Northwest intersection of Greensboro Avenue and
Mediterranean Avenue, running a distance of forty-eight (48)
feet along the Northern property line (Southern boundary of
Block 30, Shadow Lawn Heights) and running in a
Southeasterly direction to the Southwest intersection of
Greensboro Avenue and Mediterranean Avenue, containing
L327 square feet.
Parcel 2: Portion of Mediterranean Avenue, running a
distance of forty-one (41) feet along the Eastern property line
(Western boundary of Lot L Block 18, Shadow Lawn Heights)
and running in a Northwesterly direction to the Southwest
intersection of Greensboro Avenue and Mediterranean Avenue,
containing L547 square feet.
February 11, 1997
-8-
AGENDA RE VIEW SESSION
ITEM # 41747 (Continued)
L. 3 Ordinance in the petition of LEDESA LAND COMPANY, a
Virginia General Partnership, for the discontinuance, closure
and abandonment of a 15-foot alley between Lots 9 and 21,
Block 20, Croatan Beach, containing 750 square feet
(L YNNHA VEN BOROUGH).
L. 4
L. 5
L. 6
L. 7
L. 8
Lll
Applications of WIRELESS PCS INC., agent for AT&T
Wireless PCS Inc., for Conditional Use Permits for wireless
communication facilities (PRINCESS ,4NNE BOROUGH):
Northwest intersection of Dam Neck Road and Harpers Road,
containing 9.9 acres (Deferred 1/28/97).
Southwest corner of Bells Road and South Birdneck Road (1195
Bells Road), containing 1.814 acres.
Application of L YNNHA I/'EN UNITED METHODIST
CHURCH for a Conditional Use Permit for two 135-foot
mono_vole communication towers on the South side of Little
Neck Road, East of Red Oak Road (1033 Little Neck Road),
containing 3.44 acres (LYNNH~VEN BOROUGH).
Application of JOHN WINSLOW and ELIZABETH
WINTERS CROMWELL for a Conditional Use Permit for a
shelter for farm employees on the East side of New Bridge
Road, 2200 feet more or less South of Sandbridge Road (3116
New Bridge Road), containing 167.43 acres (PRINCESS ANNE
BOROUGH)
Application of GLENN D. BURCH for a Conditional Use
Permit for a home occupation (clock repair) on the South side
of Challedon Drive, 1215.66 feet East of Court Fleet Circle
(5333 Challedon Drive), containing 26,700 square feet
(KEMPSVILLE BOROUGH).
Application of ATRIA COMMUNITIES, INC., for a
Conditional Use Permit for an assisted living and retirement
housing on the North side of Old Donation Parkway, beginning
at a point 1011.65 feet East of First Colonial Road, containing
5.1 acres (LYNNH~ FEN BOROUGH).
Application of KING PUTT ASSOCL4TES, L.P., and BAY
ASSOCIATES for a Conditional Change of Zoning District
Classification from B-2 Communi~_ Business District to
Conditional ,4-24 ,4partment District on the East side of
General Booth Boulevard, South of South Birdneck Road (920
General Booth Boulevard), containing 4.1007 acres (PRINCESS
ANNE BOROUGH).
Item L. 1 will be DEFERRED INDEFINITELY BY CONSENT.
Item L. 2. will be DEFERRED AN ADDITIONAL 180 DAYS UNTIL THE CITY COUNCIL SESSION
OF AUGUST 12, 1997 BY CONSENT.
Item L. 5 will be DEFERRED UNTIL THE CITY COUNCIL SESSION OF MARCH 25, 1997 BY
CONSENT.
February 11, 1997
-9-
CITY COUNCIL CONCERNS
12:03 P.M.
ITEM It 41748
Council Lady McClanan referenced correspondence concerning Colchester Road.
The City Attorney advised this would be discussed during Executive Session.
ITEM It 41749
Council Lady Parker referenced proposed consolidation of Tidewater Regional Transit and Pen Tran.
The City Manager advised before any merger, there must be a vote by each of the member communities
indicating their concurrance with the merger. This vote will be scheduled in the Spring. The City Manager
and staff have reviewed the proposed merger and listed their concerns. ~4 letter has been forwarded to
TRT requesting these concerns be addressed. Before this is SCHEDULED for the City Council Session,
the answers must be received. PenTran has a deficit, and one of the conditions of the merger is this
deficit must be eliminated before the merger can occur.
ITEM It 41750
Council Lady Parker had previously expressed a concern relative sprinkler systems in elderly facilities.
Council Lady Parker believed the code reflected that one or two story facilities did not require sprinkler
systems. The City Manager advised this depends upon the use of the property. If the facility is an elderly
nursery home, then a sprinkler system is required, even if only one story. Council Lady' McClanan advised
the State requires a sprinkler system must be installed to obtain a use permit for an elderly day care
facility.
February 11, 1997
- 10 -
ITEM # 41751
Mayor Meyera E. Oberndoff called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the City Council Conference Room, City Hall Building, on Tuesday, February 11, 1997,
at 12:10 P.M.
Council Members Present:
John A. Baum, Harold Heischober, Barbara M. Henley, Louis R. Jones.
Reba S. McClanan, Mayor Meyera E. Oberndoff, Nancy IC Parker and
Vice Mayor William D. Sessoms, Jr.
Council Members Absent:
Linwood O. Branch, III, William W. Harrison, Jr. and Louisa M.
Strayhorn
February 11, 1997
- 11 -
ITEM # 41752
Mayor Men/era E. Oberndoff, entertained a motion to permit City Council to conduct its EXECUTIVE
SESSION, pursuant to Section Z1-344, Code of Virginia, as amendev~ for the following purpose:
PERSONNEL MATTERS: Discussion or consideration of or interviews
of prospective candidates for employmeng assignmeng appointment,
promotion, performance, demotion, salaries, disciplining, or resignation
of specific public officers, appointees, or employees pursuant to Section
21-344 (4) (1).
Appointments - Boards and Commissions:
Chesapeake Bay Preservation Board
PUBLICLY-HELD PROPERTY: Discussion or consideration of the
condition, acquisition, or use of real property for public purpose, or of
the disposition of publicly-held property, or of plans for the future of an
institution which could affect the value of property owned or desirable for
ownership by such institution pursuant to Section 2.1-344(4)(3).
4cquisition of Property Virginia Beach Borough
4gricultural Reserve Program -
Blackwater Borough
West Neck Creek Golf Course
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 provision of legal
advice by counsel pursuant to Section 2.1-344(4)(7).
City of Virginia Beach v. Lake Wesley Associates
City of Virginia Beach v. Steve Barnes and
Thompson's Grading Co., Inc.
West Neck Creek Golf Course
Lake Gaston Water Supply Project
Upon motion by Vice Mayor Sessoms, seconded by Councilman Heischober, City Council voted to proceed
into EXECUTIVE SESSION.
Voting: 8-0
Council Members Voting 4ye:
John 4. Baum, Harold Heischober, Barbara M. Henley, Louis R. Jones,
Reba S. McClanan, Mayor Meyera E. Oberndoff, Nancy K. Parker and
Vice Mayor William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members 4bsent:
Linwood O. Branct~ III,
Strayhorn
William W. Harrison, Jr. and Louisa M.
February 11, 1997
- 12-
FORMAL SESSION
VIRGINIA BEA CH CITY COUNCIL
February 11, 1997
2:15 P.M.
Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL tn the Councd Chamber, City Hall Building, on Tuesday, February 11, 1997, at 2 15 PM
Council Members Present
John A Baum, Ltnwood 0 Branch, III, William W Harrtson, Jr, HaroM
Hetschober, Barbara M Henley, Louts R Jones, Reba S McClanan,
Mayor Meyera E Oberndorf Nancy K Parker, Vtce Mayor Wtlham D
Sessoms, Jr and Louisa M Strayhorn
Council Members ~4bsent'
None
INVOCATION
Reverend Larry Shoaf
Vtrgtnta Beach Commumty Chapel
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Vtce Mayor Sessoms, betng a Corporate Officer of Central Fidehty Bank chsclosed there were no matters
on the agenda tn whtch he has a "personal tnterest", as defined in the Act, etther tndtvtdually or in his
capactty as an officer of Central Ftdelity Bank The Vice Mayor regularly makes thts Disclosure as he may
or may not know of the Bank's tnterest tn any apphcatton that may come before Ctty Counctl Vtce Mayor
Sessoms' letter of January 1, 1997, ts hereby made a part of the record
February I1, 1997
i
- 13 -
CERTIFICATION OF
EXECUTIFE SESSION
ITEM # 41753
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 Session to
which this certification resolution applies;
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 ,4. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis 1~ Jones, Reba S. McClanan,
Mayor Meyera E. Oberndo~ Nancy IC Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members ~'oting Nay:
None
Council Members Absent:
None
February 11, 1997
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 # 41752 Page No. 11 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 wcrc discussed in Executive
Session to which this certification resolution applies; and, Co) 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.
R~th Hodges Smith, CMC/AAE
City Clerk
February 11, 1997
- 14 -
Item V-F. 1
MINUTES
ITEM # 41754
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council APPROVED
the Minutes of the INFO~ AND FORMAL SESSIONS of February 4, 1997.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr.,
Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera
E. Oberndoff, Nancy IC Parker, Vice Mayor William D. Sessoms, Jr. and
Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Abstaining:
Harold Heischober
Council Members Absent:
None
Councilman Heischober ABSTAINED, as he was not in attendance during the City Council Session of
February 4, 1997, as he was out of town.
February 11, 1997
- 15 -
Item V-G.I.
ADOPT AGENDA
FOR FORMAL SESSION
ITEM # 41755
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
The following shall be ADDED to the Agenda:
Resolution to advise Virginia Beach School Board of estimated available
local support for public schools for Fiscal Year 1997-1998.
February 11, 1997
- 16 -
PROCLAMATION
ITEM # 41756
Mayor Oberndorf RECOGNIZED Councilman Baum and PROCL4IMED:
FEBRUARY IL 1997
JOHN BA UM DA Y
Councilman John Baum is celebrating his 70th Birthday and 25th Anniversary as a Member of the
Virginia Beach City Council. Seventy years ago, Princess Anne County had a population of 13,000.
John Baum has served the City Council with distinction since 1972. In 1972, Virginia Beach's population
was 172,000. The Virginia Beach City Council was an all-male institution that was finally infiltrated by
a female in 1976. John Baum has fought valiantly over the years to secure a stable water supply for the
City of Virginia Beach. John Baum has been recognized as the region's "Tree Farmer of the Year",
because he has planted more than 500,000 pine seedlings since 1974. In 1990 he was chosen as
~virginia Beach's Man of the Year in Agriculture".
Councilman Baum is the "Dean of the Virginia Beach City Council". Councilman Baum's wife, Sandy,
was in attendance. Councilman Baum was also presented with a beautiful plaque inscribed with
Councilman Baum's tenure on City Council and containing a Merganser Duck decoy.
Councilman Baum congratulated Mayor Oberndorf on her "40th" Birthday, February 10, 1997.
February 11, 1997
~ou~tg bed ~ popu/~#o~ of YJ,O00; ~ ~nrcb J, ~7, a major d~o~to~ bfl
~eecb end Mre~ded ~orkem returning borne ~om ~o~olk. ~7 ~e~
~cked~g in mang of lb~e~a ~em aha, but the "gud~ ~ag' zealoua& lr~cked down
the ~dnce~ ~nne Countg moonabinera;
~bareaa: ~obn ~um Ma ae~d the ~irglnia ~ea3 Ci~ Cound w/lb diamct/on aince 197~.
197~, ~irglnla ~ea3 ~populah~n waa 17~,000. ~e ~irginia ~eacb
an all-mak ina#~#on that waa final~ ,~filtraled by a femak in
~bereaa: ~ohn ~aum baa fougbt oah~ntly ooer tbe yeara ~o aecure a alable water aupp& for
of ~i~in/a ~eacb. ~ water ~reement waa firat reacbed wflb tbe Ci~ 4~o~olk
ao ~obn baa been working on tbla i~ue a/nce before bia b/dh;
~bereaa: ~ohn ~aum b~ been rec~ni~d aa the region ~ "$ee %~er 4tbe ~ear" becauae be
. p~ntedmore tban~OO, OOOplne aeed~ aince 1974. % 1990 be waa cb~en aa "~irginia
~eacb ~ ~an of the ~ear in
~bereaa: ~obn ~aum ~ grandfatber ~liaon ~aum, ae~d in tbe ~eneral ~embly and repreaented
the ~c~ater ~fitdct on t~ ~rd ~upemfiora, ata~ a long, energetic andproductloe
9roclaim:
ff ebruarg 11, 1997
~obn ~aum
our ~i~inla ~cb and ~gupon a~ ~t~z~na to racogn/ze him on bia bidbdag and ~nd appreciation for
mang g~am of aemice to our
~eacb, ~ir~ia, to be affaed ~b~a ~le~n/b day 4%bma~, ~/ne~een Wundredand ~lne~4e~n.
Obemdorf
9Vagor
- 17-
BIRTHDay C4KE
ITEM # 41757
Mayor Oberndorf expressed appreciation to IXOTEC Students for the Birthday Cake honoring Councilman
Baton and herself and invited all to share.
February 11, 1997
- 18 -
Item V-I.1.
PUBLIC HEARING
ITEM # 41758
Mayor Oberndorf DECLARED A PUBLIC HEARING:
ELECTION DISTRICTS AND VOTING PLACES
There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING.
February 11, 1997
- 19 -
Ittm V-J.
ORDINANCES
ITEM # 41759
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED BY
CONSENT in ONE MOTION Ordinances Item 1, P~ 3 a.b., 4 and 5.
Voting: 11-0
Council Members Voting Aye:
John ,4. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis 1~ Jones, Reba S. McClanan,
Mayor Meyera E. Oberndo~ Nancy IC Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members ,4bsent:
None
February 11, 1997
Item V-J.1.
CONSENT AGENDA
ORDINANCES
ITEM tt 41760
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
Ordinance to AMEND and REORDAIN Section 10-1 of the City Code
re a new polling location for South Beach Precinct at the Rescue Squad
Building; and, ADDING Hunt Precinct at the Princess Anne Recreation
Center.
Voting:
11-0 (By ConsenO
Council Members Voting Aye:
John ~4. Baum, Linwood O. Branch, III, William gE. Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis 1~ Jones, Reba S. McClanan,
Mayor Meyera E. Oberndoff, Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
February 11, 1997
AN ORDINANCE TO AMEND AND REORDAIN
SECTION OF THE CODE OF THE CITY OF
VIRGINIA BEACH, VIRGINIA, PERTAINING
TO ELECTION DISTRICTS AND VOTING
PLACES
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24
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 10-1 of the Code of the City of Virginia Beach,
Virginia, is hereby amended and reordained to read as follows:
Seo. 10-i. Establishment of election distriots and voting plaoes.
There are hereby established in the city the following
election districts and their respective voting places, as set forth
below:
Distriot
Alanton
Aragona
Arrowhead
Baker
Bayside
Bellamy
Blackwater
Bonney
Brandon
Cape Henry
Capps Shop
Centerville
Chesapeake Beach
College Park
Colonial
Courthouse
Creeds
Culver
Davis Corner
Fairfield
Forest
Glenwood
Great Neck
Voting Place
Alanton Elementary School
Bayside Middle School Grade 6
Arrowhead Elementary School
Heritage United Methodist Church
Bayside Elementary School
Indian Lakes Elementary School
Blackwater Fire Station
Center for Effective Learning
Brandon Middle School
Research and Enlightenment
(Edgar Cayce Library)
P.A. Mosquito Control Building
Centerville Elementary School
Bayside Baptist Church
College Park Elementary School
Colonial Baptist Church
Courthouse Fire Station
Creeds Fire Station
Ocean Lakes High School
Bettie F. Williams Elementary School
Fairfield Elementary School
Kings Grant Elementary School
Glenwood Elementary School
Francis Asbury United Methodist Church
Building
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44
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Green Run
Holland
Homestead
Hunt
Kings Grant
Kingston
Lake Smith
Landstown
Larkspur
Linkhorn
Little Neck
London Bridge
Lynnhaven
Magic Hollow
Malibu
Meadows
Mt. Trashmore
North Beach
Ocean Lakes
Ocean Park
Oceana
Old Donation
Pembroke
Plaza
Point O'View
Providence
Red Wing
Rosemont Forest
Salem
Seatack
Shannon
Sherry Park
Sigma
South Beach
Green Run Elementary School
Holland Elementary School
Providence Presbyterian Church
Princess Anne Recreation Center
St. Nicholas Catholic Church
Kingston Elementary School
Shelton Park Elementary School
Landstown Community Church
St. Andrews United Methodist Church
The Evangelical Lutheran Church of the
Good Shepherd
St. Aidan's Episcopal Church
London Bridge Baptist Church
Grace Bible Church
Roma Lodge No. 254
Malibu Elementary School
Pembroke Meadows Elementary School
Windsor Woods Elementary School
Galilee Episcopal Church
Ocean Lakes Elementary School
Bayside Christian Church
Scott Memorial United Methodist Church
Old Donation Center for Gifted
Pembroke Elementary School
Lynnhaven Elementary School
Point O'View Elementary School
Kempsville Recreation Center
Fire Training Center
Rosemont Forest Elementary School
Salem Baptist Church
Seatack Elementary School
Church of the Ascension
St. Matthews Catholic Church
Tabernacle United Methodist Church
Virginia Beach Rescue Squad Building
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Stratford Chase
Thalia
Thoroughgood
Timberlake
Trantwood
Windsor Oaks
Witchduck
Wolfsnare
Woodstock
Central Absentee
Voter Election
District
Providence Elementary School
Thalia Elementary School
Independence Middle School
White Oaks Elementary School
Virginia Beach Christian Church
Windsor Oaks Elementary School
Bayside Presbyterian Church
Eastern Shore Chapel
Avalon Church of Christ
Agriculture/Voter Registrar Building
This change will become effective following its approval by
the U. S. Department of Justice pursuant to the Voting Rights Act
of 1965, as amended.
91
92
Adopted by the City Council of the City of Virginia Beach on
this _13_th__day of February 1997.
--
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96
CA-6536
DATA/ORDIN/PROPOSED/10-1. ORD
JANUARY 16, 1997
Ri
Voter l~gi~tr~r // ' 0
APPROVED AS TO LEGAL
SUFFICIENCY
L
CO~ST
T~TION
P~RK
PRECINCT
AUC~
MAR
AUGL
JANU
MARCt
OCTOI_,
JUNE 7
RAINING
OWLS
TENNIS
MARCH
AUGUS'i
OCTORI~
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- 21 -
Item V-J.2.
CONSENT AGENDA
ORDINANCES
ITEM # 417~1
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
Ordinance to REPEAL Chapter 4, Article IV of the City Code re bingo
games and raffles.
11-0 (By ConsenO
Council Members Voting Aye:
John ,4. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndoff, Nancy I~ Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
February 11, 1997
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37
AN ORDINANCE TO REPEAL CHAPTER 4, ARTICLE IV
OF THE CITY CODE PERTAINING TO BINGO GAMES AND
RAFFLES
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Article IV of Chapter 4 of the Code of the City of
Virginia Beach, Virginia, consisting of Sections 4-85 through 4-04,
and pertaining to bingo games and raffles, is hereby repealed in
its entirety, effective July 1, 1996.
Bec. 4-85 through 4-94. Reserved.
........................ ~ ~ ...................... -340.1
i'
'~' ~ ....... ~"-~" (75) ~- ~hi=h priz ........... ~-~ -- ~-
.... =quar=~
39
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41
42
43
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52
53
54
55
56
57
58
59
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61
62
63
64
65
66
67
68
69
7O
71
4.&a w &&d.v&& ~..&&~.. 'ur
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·
73
74
75
76
77
78
79
BO
B1
82
B3
84
B5
B6
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
-L .,i. VV.b 1FI t./.&. J"b q,l. 4. ·
~ .ll.v ~ ,,& M..&y ai, iM, i,..~ %,,,,~-.&. .&.k.? ,b4, m~,)&L&,Mq~d. ,&. ~.,k.,~LM'V&&k.? J,-- ,M .l,., q~, ,,I.. Vd. 'k4. v~,ka,,b..M,d.,&&q,.~
pri--.cm.
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
q,,,~..,..,~ ,i & J, & ~,.~ i,..&, v i!, ,,.,b ~,.& A i.,4,,/.,1. ·
128
129
130
131
132
133
134
135
136
137
138
139
140
1,,,r,,i. 1,.,,A&W,.. 1,.~vt,m-.,. va. · .b.d. q-J -LIi.l.'k4 b.,?&Aba J,-,.,b JM,r~.~ q..,/,I.f IM,~--L4 &I,.,,,I,A. d,. ,,b v&&& /.,4. a &1.4, ,F,.,rT.,,. d..4., .4.~t,,4. w .b 1,,,,,&&
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
170
171
172
173
174
175
~ a&a ,.L & & .&. d, &,~ wm.,&&
acc
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bond
177
178
179
180
181
182
183
184
185
186
187
188
189
190
191
192
193
194
195
196
197
198
199
200
201
202
203
204
205
206
207
208
209
210
&,l,'qmF& &,L/Md',,I., v~l, iI1~
212
213
214
215
216
217
218
219
220
221
222
223
224
225
226
227
228
229
230
231
232
233
234
235
236
237
238
239
240
241
242
243
244
245
~ '"z ,~ ,t~J.J,&.Z ...d, 'bs.d"b, ,,&. ,.L. ,.&. q..4. &. ..Z 'q~,.;d. h,~' ,,.&.J,&t,J..L.q,..&J.. '&,.Z &,&~,..LJ. Lt'q,,.-'~4. q.;.I.. ~ b4,&,Sd., ,r.J b,L q....J.q..;,& X Aa'b,& · ..&.&&~ ~
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247
248
249
250
251
252
253
254
255
256
257
258
259
260
261
262
263
264
265
266
267
268
269
270
271
272
273
274
275
276
277
278
279
280
281
'/114.
I,..~ ..I. ,B ,i'~
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die&
......... u,-, game.
283
284
285
286
287
288
289
290
291
292
293
294
295
296
297
298
299
3O0
301
302
303
304
3O5
306
307
3O8
309
310
311
312
313
314
315
316
317
318
319
320
321
322
323
324
325
326
327
328
329
330
331
332
333
334
335
336
337
338
339
340
341
342
343
344
345
346
347
348
349
35O
bingo r-fflc
~"- ~"-~-~ ~-~--- ($500
y&vvl ·
lO
352
353
354
355
356
357
358
359
360
361
362
363
364
365
366
367
368
369
370
371
372
373
374
375
376
377
378
379
380
381
382
383
384
385
386
v ,,&.,,&. q,~ ,,&.a &.&.q.A. ·
ohall also maintain
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11
388
389
390
391
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393
394
395
396
397
398
399
400
401
402
403
404
405
406
407
408
409
410
411
412
413
414
415
416
417
418
419
420
~ ............. ~,~., ......... 1 bc rcta ned.
12
421
422
423
424
425
426
427
428
429
430
431
432
433
434
435
436
437
438
439
440
441
442
443
444
445
446
447
448
449
450
451
452
453
454
455
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13
456
457
458
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462
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464
465
466
467
468
469
470
471
472
473
474
475
476
477
478
479
480
481
482
483
484
485
486
487
488
' for
'
' dr:~'ing
........ ~ ....... ~--~ ............... n~-.1-.~n no later than
14
489
490
491
492
493
494
495
496
497
498
499
500
501
502
503
504
505
506
507
508
509
510
511
512
513
514
515
516
517
518
519
520
521
522
523
...... bl~ upon
/
15
525
526
527
528
529
530
531
532
533
534
535
536
537
538
539
540
541
542
543
544
545
546
547
548
549
550
551
552
553
554
555
556
557
558
............ ,~ ro~ rccc ~ ...... bc .... for ~ .........
bcna fidc ..... ~' ........... "; ....... ~ ...........
·
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16
560
561
562
563
564
565
566
567
568
569
570
571
572
573
574
575
576
577
578
579
580
581
582
583
584
585
586
587
588
589
590
591
592
593
of organizing, .....4 ........~......,-., .,..4
For purpc=~c
........ ~ ........... ~ .......... = ...... if arc or
V:rg:n:a ............................
17
595
596
597
598
599
600
601
602
603
604
605
606
607
608
609
610
611
612
613
614
615
616
617
618
619
620
621
622
623
624
625
626
627
628
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18
630
631
632
633
634
635
636
637
638
639
640
641
642
643
644
645
646
647
648
649
650
651
652
653
654
655
656
657
658
659
660
661
662
663
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19
665
666
667
668
669
670
671
672
673
674
675
676
677
678
679
680
681
682
683
684
685
686
687
688
689
690
691
692
693
694
695
696
697
698
...... ~.. or any rcfcrcncc ......
·
~i. b3, ~..~ qi.,, t,.~ i..,],,&ia %.. & & q,,,, %,4*,1, & ~.4. qb,d* ql.,; b.I q,.. V-L ,.,i..i.. v .i.. a &q~ .i. & & q,.,4 ~,. dh,. q.d, '.d. %.. '4.,IL e wv J- %.,,&z k.,~ ,~, qi. ~.~ d,.. d..i. q,.,~
2O
700
701
702
703
704
705
706
707
708
709
710
711
712
713
714
m~...~ provi_~__~..~ cf this subsection "~ -~
.......... apDly to any
.... ~, ...... sc= where such b:ngc games arc held.
(f) =-"~ .... tc comply with thc requ~ ..... ~- -~ ~"" .... ~"--
of ucc of thc premises for bingo games
715
716
this
Adopted by the City Council of the City of Virginia Beach on
11 day of February 1997
717
718
719
CA-6310
DATA/ORDIN/PROPOSED/4-84ET. ORD
MAY 7, 1996
RI
APPROVED AS TO CONTENT
~7.ommiss~oner of thc Rev~t~
APPROVED AS TO LEGAL
SUFFICIENCY
Department of Law
21
Item V-J.3.
CONSENT AGENDA
ORDINANCES
ITEM # 41762
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branci~ City Council ADOPTED:
Independence Boulevard Phase IV-B (Intersection of Haygood
Road/Independence Boulevard) and IV-C (Pembroke Boulevard to
Haygood Road) - CIP t12-175/2-219 (BAYSIDE BOROUGH):
Resolution re location and major design features of proposed
project as presented at the December 3, 1996, Public Hearing;
and, to authorize the execution of all necessary utility
agreements required.
Ordinance to authorize acquisition of property in fee simple for
right-of-way and the acquisition of temporary and permanent
easements by agreement or condemnation.
traffic light shall be installed at the intersection of Independence Boulevard and
Witchduck Road near Bayside Sentara Hospital.
Voting:
11-0 (By ConsenO
Council Members Yoting Aye:
John A. Baum, Linwood O. Brancl~ III, William W. Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndoff, Nancy IC Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
February 11, 1997
LOCATION AND DESIGN
PUBLIC HEARING APPROVAL
RESOLUTION
WHEREAS, a Location and Design Public Hearing was conducted
·
·
December 3, 1996, in the City of Virginia Beach by representatives
of the City of Virginia Beach after due and proper notice for the
purpose of considering the proposed location and design of
Independence Boulevard - Phases IV-B and IV-C (CIP 2-175 and 2-
219), Project 0225-134-102, PE101, RW201, C501 in the City of
Virginia Beach, at which drawings and other pertinent information
were made available for public inspection in accordance with state
and federal requirements; and
WHEREAS, all persons and parties in attendance were afforded
full opportunity to participate in said public hearing; and
WHEREAS, representatives of the Virginia Department of
Transportation were present and participated in said hearing; and
WHEREAS, the Council had previously requested the Virginia
Department of Transportation to program this project; and
WHEREAS, the Council considered all such matters; now
THEREFORE, BE IT RESOLVED that the Council of the City of
Virginia Beach hereby approves the location and major design
features of the proposed project as presented at the Public Hearing
and as modified by the attached policy report entitled "Design
Public Hearing Issues and Recommendations for Independence
Boulevard - Phase IV-B and IV-C" and
BE IT FURTHER RESOLVED, that the City of Virginia Beach will
acquire all rights-of-way necessary for this project and certify
same to the Department at the appropriate time; and
BE IT FURTHER RESOLVED, that the Director of Public Works is
hereby authorized to execute, on behalf of the City of Virginia
Beach, all necessary utility agreements required in conjunction
with acquiring such rights-of-way.
Adopted this 1t day of February , 1997
City of Virginia Beach, Virginia.
~TTEST:
CLERK OF COUNCIL
vrn 1/7/97
MAYOR/CITY MANAGER
APPROVED AS TO CONTEN?~
S~;N, J Z I ~- '
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
3O
31
32
33
34
35
36
37
AN ORDINANCE TO AUTHORIZE
ACQUISITION OF PROPERTY
IN FEE SIMPLE FOR RIGHT
OF WAY FOR INDEPENDENCE
BOULEVARD PHASE IV-B &
IV-C (CIP 2-175 & 2-219)
(VDOT #0225-134-102) AND
THE ACQUISITION OF
TEMPORARY AND PERMANENT
EASEMENTS, EITHER BY
AGREEMENT OR CONDEMNATION '
WHEREAS, in the opinion of the Council of the City of
Virginia Beach, Virginia, a public necessity exists for the
construction of this important roadway to provide transportation
and for other public purposes for the preservation of the safety,
health, peace, good order, comfort, convenience, and for the
welfare of the people in the City of Virginia Beach:
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
Section 1. That the City Council authorizes the
acquisition by purchase or condemnation pursuant to Sections 15.1-
236, et seq., 15.1-898, 15.1-899, and Section 33.1-89, et seq.,
Title 25-46.1 et seq., Code of Virginia of 1950, as amended, all
that certain real property in fee simple, including temporary and
permanent easements of right of way as shown on the plans entitled
"INDEPENDENCE BOULEVARD PHASE IV-B · PROJECT CIP 2-175" and
"INDEPENDENCE BOULEVARD PHASE IV-C · PROJECT CIP 2-219" these
plans being on file in the Engineering Division, Department of
Public Works, City of Virginia Beach, Virginia.
Section 2. That the City Manager is hereby authorized
to make or cause to be made on behalf of the City of Virginia
Beach, to the extent that funds are available, a reasonable offer
to the owners or persons having an interest in said lands. If
refused, the City Attorney is hereby authorized to institute
proceedings to condemn said property.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 11 day of February , 19~ .
38
39
40
41
42
PDP/JCL/cbc
01/14/97
F:\.. \LAWSON\IND-B~
.v~-¢o-~-.~'~,u~u .......... I APPROVED AS TO CONTENT
APPROVEb AS TO
LEGAL
~~_~-'~ t ~al Estate'Age-nE / ~ate
?
BLVD
LOCATION MAP
INDEPENDENCE BLVD,
PHASE IV-B & IV-C
C.I.P. 2-175, C.I.P. 2-219
SCALE: I"- 800'
PREPARED BY P/W ENG. DRAFT. 1/16/97
POLICY REPORT
Design Public Hearing Issues and Recommendations
for
Independence Boulevard - Ph IV-B and IV-C
BACKGROUND:
These projects are for the w~dening of Independence Boulevard from the ex~stlng four-lanes to a
six-lane arterial highway within a six-lane right-of-way from Pembroke Boulevard to Haygood
Road, a dastance of approximately 5,400 feet and includes the addition of turn lanes at the
Haygood Road intersection The widening is occurring within the current median area to
minimize impacts to the commercial establishments along Independence Boulevard The two
additional lanes will allow Independence Boulevard to handle the current (43,000 ADT) and
projected future (60,000 ADT) increase in traffic volume
These projects are Virginia Department of Transportation (VDOT) projects being managed by the
C~ty The City is managing design, performing the right-of-way acquisition, and will administer
construction.
An important feature of these projects ~s the construction of an entrance road off of East
Honeygrove Road This entrance road will provide access to the City's 3rd Police Precinct and
Bayside Library facilities Since VDOT would not participate In the funding of the entrance road,
the design, acquisition and construction are being funded at 100% City cost The estimated total
cost for thls ~s $307,000 and ~s ~ncluded in the proposed FY 1997-98 CIP budget
The construction schedule is 7/98 to 10/99
The Location and Design Public Hearing was held on December 3, 1996 and attended by
approximately 20 citizens A total of SlX comment sheets were received at the heanng and by mail
The following issues and resolutions were made
CONSIDERATION OF PUBLIC ISSUES:
Four specific Issues were Identified Three of these issues will result in minor revisions to the
project plans as presented at the Design Public Hearing The following is a discussion of
each ~ssue with staff,'s recommendations
Issue #1:
Mr Ken Mtlhce, representing Haygood Shopping Center, (parcel #115) requested we realign a
section of curbing to avoid conflict with a brick sign and flower bed located at the comer of
Independence Boulevard and East Honeygrove Road
Respond/Recommendation:
City Staff recommends we accommodate this request
Issue #2:
Mr Steve Rhodes, representing Exxon Company USA, (parcel #140) requested the remaining
entrances be widened to 40 feet
Issue/Reco m m end ation:
City staff recommends we accommodate this request
Issue #3:
Mrs Patrlma Gamage, owner of the Burger King property, located at 998 Independence Boulevard
(parcel #111) and her attorney Mr Joseph L Lyle, expressed concerns over the ingress and egress
at the Burger King and the loss of parking spaces, once improvements are made They requested
that the roadway be re-designed so there are no impacts to the property Also, they requested that
the remaining entrance along Independence Boulevard be widened to 40 feet
Response/Recommendations:
The ~mpacts to the Burger K~ng are necessary and unavoidable and have been minimized
Currently there are 42 parking spaces at the Burger King and the project will require the removal
of 7 of those spaces. In accordance with the City's zoning regulations, that particular Burger K~ng
is required to have a minimum of 31 spaces Therefore, the project does not affect Burger King's
conformance with the City Zoning parking space requirement City staff recommends we widen
the entrance to 40 feet
Issue #4:
A representative from William E Wood, on behalf of Llllel Farms, Inc and Anne D Wood,
(parcel #s 142 and 143) expressed concern over the loss of the sign and requested the reuse of the
current sign
We explained that it Is the City's policy to purchase the sign and reimburse the owner for the loss
The property owner may remove the sign prior to construction, however, if the sign ~s not in
conformance with the zoning regulations, it may not be reinstalled
Response/Recommendation:
City staff recommends no further action
Submitted by.
Departn)i~nt Di ecto~~
Date
Date
- 23 -
Item V-J.4.
CONSENT AGENDA
ORDINANCES
ITEM # 41763
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
Ordinance to ACCEPT and APPROPRIATE a $48,046 Grant from the
"Safe from the Start", "Family Crisis" and "Fatherhood/Manhood"
programs to the Department of Mental Health-Mental Retardation-
Substance Abuse FY 1996-1997 Operating Budget; to authorize the City
Manager to execute any necessary agreements; and, estimated revenue
from federal and state funding be increased accordingly.
Voting:
11-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndoff, Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
February 11, 1997
AN ORDINANCE TO ACCEPT AND APPROPRIATE A TOTAL OF $48,046 IN
GRANT FUNDING TO THE DEPARTMENT OF MENTAL HEALTH-MENTAL
RETARDATION-SUBSTANCE ABUSE FY 1996-97 OPERATING BUDGET
WHEREAS, the Community Services Board and the Department of Mental Health,
5 Mental Retardation, and Substance Abuse (MHMRSA) are responsible for the coordination
6 and implementation of mental health, mental retardation, and substance abuse services;
WHEREAS, the Virginia Department of Transportation has awarded the Department a
8 grant of $10,000 for a highway safety project;
WHEREAS, the Virginia Commonwealth University has augmented its Family Crisis
10 grant to the Department by an additional $30,546;
11
WHEREAS, the Virginia Department of Health has awarded the Department a grant
12 for a Fatherhood/Manhood program to improve the attitudes and behaviors related to manhood
13 and fatherhood issues;
14
WHEREAS, no additional city funding is required as match funding for any of the
15 three grants.
16
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
17 VIRGINIA BEACH, VIRGINIA,
18
1. That a total of $48,046 in additional grant funding be accepted and appropriated to
19 the FY 1996-97 Mental Health - Mental Retardation - Substance Abuse Operating Budget
20 Operating Budget;
21
2. That estimated revenue from federal and state grant funding be increased by a total
22 of $48,046;
23
3. That the appropriations are subject to the actual receipt of grant funding;
24
4. That the City Manager is hereby authorized to execute any grant agreements
25 associated with the acceptance and appropriation of these funds.
26
27
Adopted by the City Council of the City of Virginia Beach, Virginia, on the
Elevent:h , day of February , 1997
28
Approved as to Content
Walter C. Kraemer, ~
Department of Management Services
This ordinance shall be effective from the date of its adoption.
i ~ - ~ --~ ~
AlWWtOVEO
8U CIEN
F [u~m~ag~--mry~ahmma~appronda two
- 24 -
Item V-J.$.
CONSENT ,4 GENDA
ORDINANCES
ITEM # 41764
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
Ordinance authorizing License Refunds in the amount of $2,307.69 upon
application of certain persons and upon certification of the Commissioner
of the Revenue.
Voting:
11-0 (By ConsenO
Council Members Voting Aye:
John ,4. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndoff, Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
February 11, 1997
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
That the following apphcabons for hcense refunds, upon cert~flcabon
of the Commissioner of the Revenue are hereby approved
NAME LICENSE DATE BASE
YEAR PAID
PENALTY INTEREST
TOTAL
Mornson Restaurant Inc
P O Box 160266
Mobile AL 36625-0001
Fox, S E
1616 Sweet Bay Court
V~rg~n~a Beach VA 23464
Sound Related Technologies, Inc
228 N Lynnhaven Road 130
V~rgln~a Beach VA 23452
1993-96 Audit 1,043 09
1994-95 Audit 16 00
1994-95 1994 305 61
1.043 09
1600
305 61
Th~s ordinance shall be effective from date of
adoption
The above abatement(s) totaling $1,364 70
of the City of Virginia Beach on the E'teventh
Certified as to Payment
'---~RoB-~rt P Vaughan ,__/~'"'
Commissioner of the Revenue
Approved as to form
Leshe L Ldle~ '- L..~_.......~
C~ty Attorney
were approved by the Council
day of February
,19
97
Ruth Hodges Smith
City Clerk
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
That the following apphcabons for hcense refunds, upon cerbflcat~on
of the Comm~smoner of the Revenue are hereby approved
NAME LICENSE DATE BASE
YEAR PAID
PENALTY INTEREST
TOTAL
Air Tite of Vlrglma, Inc
1717 Gallagher Drive
Vlneland, NJ 08360
Fensom, Kenneth C
2245 Sandalwood Road
V~rglnla Beach VA 23451
Ghent Psychological Practice,Ltd
2210 Hampton BIvd
Norfolk VA 23517
Marcelo, Marclal D Jr
2116 Eagle Rock Rd
V~rg~n~a Beach VA 23456
1996 Audit 301 44
1995 Audit 385 90
1994-96 Audit 245 65
t 994-96 Audit 10 00
This ordinance shall be effective from date of
adoption
The above abatement(s) totaling $942 99
of the City of Virginia Beach on the Eleventh
301 44
385 90
245 65
10 00
Certified as to Payment
a u g ha"n ~....2'
Comm~smoner of the Revenue
Approved as to form
L'b~,e/ L L,II~/ '"'"'~
O~ty Attorney
were approved by the Council
day of February
,19 97
Ruth Hodges Smith
City Clerk
- 25 -
Item V-ICI.
RESOLUTION
ADD -ON
ITEM # 41765
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branct~ City Council ADDED TO THE
AGENDA:
Resolution to advise Virginia Beach School Board of estimated available
local support for public schools for Fiscal Year 1997-1998.
Voting: 10-1
Council Members Voting Aye:
John ~4. Baum, Linwood O. Brancl~ III, William W. Harrison, Jr., Harold
Heischober, Barbara M. Henley, Reba S. McClanan, Mayor Meyera E.
Oberndoff, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and
Louisa M. Strayhorn
Council Members Voting Nay:
Louis R. Jones
Council Members ~4bsenc
~Vone
February 11, 1997
Item V-K.2.
RESOLUTION
ITEM # 41766
Melody Copper, 445 King's Grant Road, Phone: 486-0202, President - Virginia Beach Education
Association requested DEFERRAL of the Resolution.
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council DEFERRED
UNTIL CITY COUNCIL MEETING OF FEBRUARY 25, 1997:
Resolution re a policy for sharing certain General Fund Revenues
between the City and the Virginia Beach School Board.
Voting: 11-0
Council Members Voting Aye:
John ,4. Baum, Linwood O. Branch, III, William W. Harrison, Jr., HaroM
Heischober, Barbara M. Henley, Louis t~ Jones, Reba S. McClanan,
Mayor Meyera E. Oberndoff, Nancy IC Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members ,4bsent:
None
February 11, 1997
- 27 -
Item I~-K.$~.
RESOLUTION
ITEM # 41767
ADD-ON
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED:
Resolution to advise Virginia Beach School Board of estimated available
local support for public schools for Fiscal Year 1997-1998.
Voting: 7-4
Council Members l~oting Aye:
John A. Baum, William W. Harrison, Jr., Harold Heischober, Barbara M.
Henley, Mayor Meyera E. Oberndoff, Nancy K. Parker and Vice Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
Linwood O. Branch, III, Louis R. Jones, Reba S. McClanan and Louisa
M. Strayhorn
Council Members Absent:
None
February 11, 1997
A RESOLUTION TO ADVISE THE VIRGINIA BEACH SCHOOL BOARD
OF ESTIMATED AVAILABLE LOCAL SUPPORT
FOR PUBLIC SCHOOLS FOR FISCAL YEAR 1997-98
WHEREAS, the Council of the City of Virginia Beach has before it for consideration a
proposed City / School Revenue Sharing Policy;
WHEREAS, such policy is the subject of continuing discussions and amendments by
7 the Council and the School Board, rendering immediate action to approve the policy
8 undesirable at this time;
WHEREAS, time restraints for approval of the City Operating Budget will necessitate
10 the School Board considering a proposed School budget for FY 1997-98 without the
11 complete Revenue Sharing Policy being formally adopted and in place for guidance;
12
WHEREAS, it is the intent of Council to utilize the key principles of the proposed
13 Revenue Sharing Policy in providing local funding for public schools for FY 1997-98 and
14 that these key principles are as follows:
15
A. That fifty-three and thirteen one-hundredths percent (53.13%) of estimated FY
16 1997-98 General Fund Real Estate Tax, Personal Property Tax, General Sales Tax, Utility
17 Tax, Cellular Phone Tax, Business License Tax, and the Cox Cable Franchise fee
18 revenues will be provided to the School system;
19
2o
B. That such revenues will be applied to School debt service, pay-as-you-go capital
improvements and the School Operating Fund and;
21
C. That any requests for funding above the shared revenue amount must be
22
23
accompanied by a formal vote of the School Board requesting a tax increase following a
public hearing.
24
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
25
26
27
28
VIRGINIA BEACH, VIRGINIA that the School Board be advised that, for purposes of
planning for the FY 1997-98 budget, the key principles of the proposed City ~ School
Revenue Sharing Policy shall be used by the City, and that such utilization will provide an
estimated $182,719,693 for public school operations, $1,000,000 for pay-as-you-go
capital improvements, and $31,198,052 for School-related debt service, such estimates
being subject to final adjustments by the City Manager prior to formal approval of the FY
3 1997-98 budget by City Council..
BE IT FURTHER RESOLVED that requests for additional funding for Schools above
the shared revenue amount must be accompanied by a formal vote of the School Board
requesting a tax increase following a public hearing.
This resolution shall be effective on the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on the ~.~ ,,~,,~h
9 _day of February,
,1997.
Approved as to Content:
Approved as to Legal Sufficiency:
II
12
13
Management Services
'f~ity Attorney's Office
- 28 -
Item V-L.
PUBLIC HEARING
ITEM # 41768
PLANNING
Mayor Oberndorf DECLARED a PUBLIC HEARING on:
PLANNING
1. ANDERSON PARK ASSOCL4TES
NONCONFORMING USE
2. FTRGINIA BEACH MARLIN CLUB, INC. AND
WALTER CASON BARCO
STREET CLOSURE
3. LEDESA LAND COMPANY
STREET CLOSURE
4. WIRELESS PCS INC., AGENT FOR
AT & T WIRELESS PCS INC.
a. Dam Neck Road/Harpers Road
b. Bells Road and South Birdneck Road
CONDITIONAL USE PERMITS
$. LYNNHAVEN UNITED METHODIST CHURCH
CONDITIONAL USE PERMIT
6. JOHN WINSLOW AND ELIZABETH WINTERS CROMWELL CONDITIONAL USE PERMIT
7. GLENN D. BURCH
CONDITIONAL USE PERMIT
8. A TRL4 COMMUNITIES, INC.
CONDITIONAL USE PERMIT
9. TAYLOR FARM ASSOCIATES, L.L.C.
CHANGE OF ZONING
CONDITIONAL USE PERMIT
10. DEVELOPMENT OPTIONS, INC.
CONDITIONAL CHANGE OF
ZONING
11. KING PUTT ASSOCIATES, L.P. AND
BAY ASSOCIATES
CONDITIONAL CHANGE OF
ZONING
February 11, 1997
- 29 -
Item V-L.
PUBLIC HEARING
ITEM # 41769
PLANNING BY CONSENT
Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council APPROVED in
ONE MOTION Items 1, 2, 3, 4 b., 5, 6, 7, & 9 and 11 of the PLANNING BY CONSENT Items.
Item I was DEFERRED INDEFINITEL Y, BY CONSENT
Item 2 was DEFERRED FOR ADDITIONAL 180 DAYS, UNTIL CITY COUNCIL MEETING OF
AUGUST 12, 1997, BY CONSENT.
Item 5 was DEFERRED UNTIL THE CITY COUNCIL MEETING OF MARCH 25, 1997, BY
CONSENT.
Item 9 was DEFERRED INDEFINITEL Y, BY CONSENT.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, William W. Harrison, Jr., Harold Heischober, Barbara
M. Henley, Louis ~ Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf,, Nancy tC Parker, Vice Mayor William D. Sessoms, Jr. and
Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Linwood O. Branch, III
Council Lady Henley ABSTAINED on Item 6 (JOHN WINSLOW and ELIZABETH WINTERS
CROMt4rELL), as her farm may hire some of the farm employees involved in the application.
February 11, 1997
- 30 -
Item V-L.I.
PUBLIC HEARING
ITEM # 41770
PLANNING BY CONSENT
Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council DEFERRED
INDEFINITELY Ordinance upon application of ANDERSON PARK ASSOCIATES, INC. for an
enlargement of a nonconforming use on the South side of 60th Street, East of Atlantic Avenue.
ORDINANCE UPON APPLICATION
ASSOCIATES, INC. FOR AN
NONCONFORMING USE
OF ANDERSON PARK
ENLARGEMENT OF
Ordinance upon application of Anderson Park Associates, Inc. for an
enlargement of a nonconforming use on property located on the south
side of 60th Street, east of Atlantic Avenue. Said parcel is located at 106
60th Street and contains 8712 square feet more or less. LYNNHAVEN
BOROUGH.
10-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, William W. Harrison, Jr., Harold Heischober, Barbara M.
Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndoff,
Nancy IC Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M.
Strayhorn
Council Members F'oting Nay:
None
Council Members Absent:
Linwood O. Branch, III
February 11, 1997
- 31 -
Itetn V-L.2.
PUBLIC HEARING
ITEM # 41771
PLANNING BY CONSENT
Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council DEFERRED FOR
ADDITIONAL 180 DAYS, UNTIL CITY COUNCIL MEETING OF AUGUST 12, 1997, the Petition
of VIRGINIA BEACH MARLIN CLUB, INC., AND WALTER CASON BARCO for the discontinuance.
closure and abandonment of the following parcels OXlRGINL4 BEACH BOROUGH):
Parcel 1: Portion of Greensboro Avenue beginning at the Northwest
intersection of Greensboro Avenue and Mediterranean Avenue, running
a distance of forty-eight (48) feet along the Northern property line
(Southern boundary of Block 30, Shadow Lawn Heights) and running in
a Southeasterly direction to the Southwest intersection of Greensboro
Avenue and Mediterranean Avenue, containing 1,327 square feet.
Parcel 2: Portion of Mediterranean Avenue, running a distance of forty-
one (41)feet along the Eastern property line (Western boundary of Lot
1, Block 18, Shadow Lawn Heights) and running in a Northwesterly
direction to the Southwest intersection of Greensboro Avenue and
Mediterranean Avenue, containing 1,547 square feet.
Voting:
10-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, William W. Harrison, Jr., Harold Heischober, Barbara M.
Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf,
Nancy IC Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M.
Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Linwood O. Branch, III
Febntary 11, 1997
- 32 -
Item V-L.$.
PUBLIC HEARING
ITEM # 41772
PLANNING BY CONSENT
Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council AUTHORIZED
FINAL APPROVAL for the Ordinance upon application of LEDESA LAND COMPANY, a Virginia
General Partnership, for the discontinuance, closure and abandonment of a 15-foot alley
Ordinance upon application of Ledesa Land Company, A Virgbtia
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. LYNNH~VEN
BOROUGH.
Voting:
10-0 (By ConsenO
Council Members Voting ~lye:
John A. Baum, 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 Members Voting Nay:
None
Council Members Absent:
Linwood O. Branch, III
February 11, 1997
CITY OF VIRGINIA BEACH, VIRGINIA
TO ORDINANCE OF VACATION
LEDESA LAND COMPANY
a Virginia general partnership
AN ORDINANCE VACATING AND DISCONTINUING A
PORTION OF A 15' ALLEY IN LYNNHAVEN BOROUGH,
IN THE CITY OF VIRGINIA BEACH, VIRGINIA
WHE~, proper notice of the intended application of the applicant, Ledesa
Land Company, a Virginia general partnership, to be presented to the City Council
of the City of Virginia Beach, Virginia, on the 2nd day of July, 1996, for the vacation
of a portion of the hereinafter described alley in the City of Virginia Beach, Virginia,
was on the 7th day of June, 1996, and on the 14th day of June, 1996, duly published
twice, with six days elapsing between the two publications, in a newspaper published
or having general circulation in the City of Virginia Beach, Virginia, specifying the
time and place of hearing at which affected persons might appear and present their
views, in conformity with the manner prescribed by Code of Virginia, Section 15.1-
364, for the institution of proceedings for the vacation of a portion of the alley ~n
Croatan Beach; and
WHEREAS, said application was made to the City Council of the C~ty of
Virginia Beach, Virginia, on the 2nd day of July, 1996, and in conformity w~th the
manner prescribed by the Code of Virginia, Secuon 15.1-364, for the conduct of such
proceedings, the City Council of the City of Virginia Beach, Virginia on the 2nd day
of July, 1996, appointed David M. Grochmal, Robert J. Scott and Ralph A. Smith,
as viewers to view such street and report in writing whether, in their opinion, any,
and if any, what inconvenience would result from discontinuing the same, and said
viewers have made such report to the City Council of the City of Virginia Beach,
Virginia; and
GPIN NO. 2426-39-7091-0000 (LOT 9)
GPIN NO. 2426-39-9035-0000 (LOT 21)
WHEREAS, from such report and other evidence, and after notice to the land
properties affected thereby, along the portion of the alley proposed to be vacated, it
is the judgment of the City Council of the city of Virginia Bach, Virginia, that these
proceedings have been instituted, conducted and concluded in the manner prescribed
by Code of Virginia, Section 15.1-364, that no inconvenience would result from
vacating and discontinuing the portion of said alley, and that the portion of said alley
should be vacated and discontinued; and
NOW, THEREFORE, BE IT ORDAINED, by the Council of the City of
Virginia Beach, Virginia,
1. That the following portion of an alley in Croatan Beach, in the Borough
of Lynnhaven, in the City of Virginia Beach, Virginia, be, and the same is hereby,
vacated and discontinued:
ALL THAT certain piece or parcel of land, situate, lying and being in
Lynnhaven Borough, in the city of Virginia Beach, State of Virginia, being
that portion of a 15' alley designated "15' Alley" on that certain survey
entitled "Resubdivision of Property Lots 9, 21 and Adjoining 15' Alley,
Block 20, Croatan Beach, Lynnhaven Borough, Va. Beach, Virginia", dated
January 23, 1996, which plat is attached hereto and made a part hereof
and is to be recorded simultaneously herewith, reference to which is hereby
made for a more particular description of said property.
2. A certified copy of this ordinance of vacation shall be recorded as deeds
are recorded and indexed in the name of the City of Virginia Beach, Virginia, as
grantor, and in the name of Ledesa Land Company, a Virginia general partnership,
as grantee, in the Clerk's Office of the Circuit Court of the City of Virginia Beach,
Virginia, at the expense of the applicant.
3. This ordinance shall be effective on the date of its passage.
Certified to be a true and exact copy of an ordinance adopted by the City
Council of the City of Virginia Beach, Virginia, at its regular meeting held on the
11 day of February , 1997.
APPROVED AS TO
LEGAL SUFFICIENCY:
/
TESTE:
RUTH HODGES SMITH, CITY CLERK
By
City Clerk
AUTHORIZED FINAL APPROVAL: February 11, 1997
Z
0
AA .(~,(3b c~g S
,,~ O~ N B545'45" E i 2,5 O0'(toto;)
~ ~ m~m~w~ ~l i ~0~
~ ~ 0
wZ~~
JON F. SEDEL 9-91
1708 VIRGINIA BEACH BLVD
VIRGINIA BEACH, VA 23454
1276
P~¥ ;o r,= ~ ! ~
First Union
'Virginia Beach,
~:O 5 l, OO~I,L, ;i, h~. ;i,O
~8-1411610
27313
BRUCE M. SEDEL
442 LAKEWOOD CIR
VA BEACH, VA 2~5~*~,.~ /- ~ /
1526
27313
DOLLARS
- 33 -
Item V-L.4~.
PUBLIC HEARING
ITEM # 41773
PLANNING
Attorney P~ J. Nutter, 4425 Corporation Lane, Phone: 528-3200, represented the applicant
Upon motion by Council Lady McClanan, seconded by Vice Mayor Sessoms, City Council ADOPTED an
Ordinance upon application of WIRELESS PCS INC., agent for AT&T Wireless PCS Inc., for a
Conditional Use Permit:
ORDINANCE UPON APPLICATION OF WIRELESS PCS, INC. AGENT
FOR A T & T WIRELESS PCS INC., FOR A CONDITIONAL USE
PERMIT FOR.4 WIRELESS COMMUNICATION FACILITY R02972095
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Wireless PCS Inc., Agent for AT & T
Wireless PCS Inc., for a Conditional Use Permit for a wireless
communication facility at the northwest intersection of Dam Neck Road
and Harpers Road. Said parcel contains 9.9 acres. PRINCESS ANNE
BOROUGH.
The following conditions shall be required:
The submitted site plan shall be revised so as to depict
adequate area for a minimum of two wireless providers. The
revised plan will identify areas where a minimum of two utility
buildings/facilities will be located. Ports on the tower base will
be located to provide appropriate access for multiple use.
2.
Except for access areas shown on the site plan, the property_
owner shall maintain the tree preservation areas as measured
_from the limits of the pad area around the base of the tower:
50 feet to the south: 50 feet to the east: and, 25 feet to the west
of the tower pad. The buffer shall be measured from the limits
of disturbance associated with the construction of the tower and
support facilities, so that none of the existing trees within the
buffer shall be damaged or removed.
The tower will be developed as a multiple use tower. The
applicant shall purchase and install a tower capable of
accommodating additional users and will make available at
reasonable commercial terms, space for other wireless
providers.
The proposed 150-foot tower may not be painted. If, due to
FAA or other state or federal guidelines painting is required,
the tnaximum height of the tower shall not exceed 125 feet.
This Ordinance shall be effective in accordance with Section 107 69 of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Eleventh o_f Febrtta~_, Nineteen
Hundred and Ninety-Seven.
February 11, 1997
- 34 -
lt, m V-L.4~.
PUBLIC HEARING
ITEM # 41773 (Continued)
PLANNING
Voting:
10-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, 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 Members Voting Nay:
None
Council Members Absent:
William W. Harrison, Jr.
February 11, 1997
·
·
40<
PCS WIRELESS
PC Agenda, December l 1, 1996 - Page 114
- 35 -
Item V-L.4.b.
PUBLIC HEARING
ITEM # 41774
PLANNING BY CONSENT
Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council ADOPTED an
Ordinance upon application of WIRELESS PCS INC., agent for AT&T Wireless PCS Inc., for a
Conditional Use Permit:
ORDINANCE UPON APPLICATION OF WIRELESS PCS, INC. AGENT
FOR A T & T WIRELESS PCS INC., FOR A CONDITIONAL USE
PERMIT FOR A WIRELESS COMMUNICATION FACILITY R02972006
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINL4 BEACH, VIRGINL4
Ordinance upon application of Wireless PCS Inc., Agent for AT & T
Wireless PCS Inc., for a Conditional Use Permit for a wireless
communication facility at the SW corner of Bells Road and South
Birdneck Road. Said parcel is located at 1195 Bells Road and contains'
1.814 square feet. PRINCESS ANNE BOROUGH
The following conditions shall be required:
The proposed tower must be developed, as presented to the
Planning Commission and City Council, as a monopole
structure, not to exceed 150 feet in overall height. The
applicant shall purchase and install a tower capable of
accommodating additional users and must provide for leased
space for other wireless providers, at reasonable terms, when
requested.
2. The applicant must secure a setback variance from the Board
of Zoning Appeals.
The proposed 150-foot tower may not be painted. If, due to
FAA or other state or federal guidelines, painting is required,
the maximum height of the tower shall not exceed 125 feet.
Prior to construction of the proposed tower, the applicant must
provide documentation from the United States Navy indicating
that the proposed tower will not pose any safety hazards or
interfere with on-going flight operations of NAS Oceana.
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 Eleventh o_f February. Nineteen
Hundred and Ninety-Seven.
February 11, 1997
- 36 -
Item ~-L.4.b.
PUBLIC HEARING
ITEM # 41774 (Continued)
PLANNING BY CONSENT
Voting:
10-0 (By ConsenO
Council Members Voting ,dye:
John A. Baum, William gE. Harrison, Jr., Harold Heischober, Barbara M.
Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndoff,
Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M.
Strayhorn
Council Members Voting Nay:
None
Council Members ~4bsent:
Linwood O. Branch, III
February 11, 1997
- 37 -
Item V-L.5.
PUBLIC HEARING
ITEM # 41775
PLANNING BY CONSENT
Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council DEFERRED
UNTIL CITY COUNCIL MEETING OF MARCH 25, 1997, Ordinance upon application of
LYNNHAVEN UNITED METHODIST CHURCH for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF LYNNI~FEN UNITED
METHODIST CHURCH FOR A CONDITIONAL USE PERMIT FOR
TWO MONOPOLE COMMUNICATION TOWERS
Ordinance upon application of Lynnhaven United Methodist Church for
a Conditional Use Permit for two monopole communication towers on the
south side of Little Neck Road, east of Red Oak Road. Said parcel is'
located at 1033 Little Neck Road and contains 3.44 acres. LYNNHAVEN
BOROUGH.
10-0 (By ConsenO
Council Members Voting Aye:
John ,4. Baum, William W. Harrison, Jr., Harold Heischober, Barbara M.
Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf,
Nancy IC Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M.
Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Linwood O. Branch, III
February 11, 1997
- 38 -
Item V-L.6.
PUBLIC HEARING
ITEM # 41776
PLANNING BY CONSENT
Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council ADOPTED an
Ordinance upon application of JOHN 14rlNSLOW and ELIZ4BETH 14tINTERS CRO34WELL for a
Conditional Use Permit:
ORDINANCE UPON APPLICATION OF JOHN WINSLOW &
ELIZABETH WINTERS CROMWELL FOR ,4 CONDITIONAL USE
PERMIT R02972097
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINL4 BEACH, VIRGINIA
Ordinance upon application of John Winslow & Elizabeth Winters
Cromwell for a Conditional Use Permit for a shelter for farm employees
on the east side of New Bridge Road, 2200 feet more or less south of
Sandbridge Road. Said parcel is located at 3116 New Bridge Road and
contains 167.43 acres. PRINCESS ANNE BOROUGH.
The following conditions shall be required:
1. The Conditional Use Permit is approved for a single mobile
home, to be used to house up to four seasonal farm laborers.
The mobile home shall be placed in the approximate location
indicated on the site sketch submitted with the application and
on file with the Planning Department.
The use shall be maintained in conformance with the specific
standards set forth in Section 238(11) of the City Zoning
Ordinance.
This Ordinance shall be effective in accordance with Section 107 69 of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Eleventh o_f February. Nineteen
Hundred and Nine~. -Seven.
Voting:
9-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, William W. Harrison, Jr., Harold Heischober, Louis R.
Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf,, Nancy IC
Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Abstaining:
Barbara M. Henley
Council Members Absent:
Linwood O. Branch, III
Council Lady Henley ~STAINED as her farm may hire some of the farm employees involved in the
application.
February 11, 1997
- 39 -
Item g'-L.Z
PUBLIC HEARING
ITEM # 41777
PLANNING BY CONSENT
Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council ADOPTED an
Ordinance upon application of GLENN D. BURCH for a Conditional Usc Permit:
ORDINANCE UPON APPLICATION OF GLENN D. BURCH FOR ,4
CONDITIONAL USE PERMIT FOR ,4 HOME OCCUP,4TION (CLOCK
REPAIR) R02972098
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Glenn D. Burch for a Conditional Use
Permit for a home occupation (clock repair) on the south side of
Challedon Drive, 1215.66 feet east of Court Fleet Circle. Said parcel ts
located at 5333 Challedon Drive and contains 26,700 square feet.
KEMPSVILLE BOROUGH.
The following conditions shall be required:
.
2.
The home occupation (clock repair) shall be conducted in
compliance with Section 234, Home Occupation, and with the
definition of home occupation as set forth in the City Zoning
Ordinance.
Clocks to be repaired shall be picked up and delivered by the
applicant.
3. No signage shall be allowed on the property.
This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance.
,4dopted by the Council of the City of Virginia Beach, Virginia, on the Eleventh o_f Februa~_. Nineteen
Hundrgd and iVinety-Seven.
Voting:
10-0 (By ConsenO
Council Members Voting ,4ye:
John ,4. Baton, William W.. Harrison, Jr., Harold Heischober, Barbara M.
Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf,
Nancy I~ Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M.
Strayhorn
Council Members Voting Nay:
None
Council Members ,4bsent:
Linwood O. Branch, III
February 11, 1997
Item ~-L.8.
PUBLIC HEARING
ITEM # 41778
PLANNING BY CONSENT
Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council ADOPTED an
Ordinance upon application of ATRIA COMMUNITIES, INC., for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF ATRIA COMMUNITIES, INC.
FOR A CONDITIONAL USE PERMIT FOR AN ASSISTED LMNG &
RETIREMENT HOUSING R02972099
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Atria Communities, Inc. for a Conditional
Use Permit for an assisted living & retirement housing facility on the
north side of Old Donation Parkway, beginning at a point 1011.65 feet
east of First Colonial Road. Said parcel contains 5.1 acres. LYNNHAVEN
BOROUGH.
The following conditions shah be required:
2.
.
The submitted colored rendering, on file with the Planning
Department, shall be substantially adhered to. The submitted
color samples showing beige siding, white trim and a dark gray
roof shall also be adhered to.
The submitted site plan and landscape plan entitled "Atria
Communities Development Site Layout" and ''Atria Communities
Development Landscaping Plan" by Mel Smith and Associates,
dated 12-6-96 shall be substantially adhered to.
An automatic sprinkler system and automatic fire alarm,
meeting the approval of the Fire Marshal and the Fire
Protection Engineer, are required.
A minimum of 60 parking spaces, as shown on the submitted
plan, are required.
Van transportation, as proposed by the applicant, shall be
provided to the residents.
The sign shall be monument style and substantially as shown on
the submitted sign plan dated 12-6-96. The height of the
service entrance sign must be reduced to 30 inches to meet
code requirements.
A portion of the gravel fire lane will be improved with a
smooth surface suitable for a walkway.
This Ordinance shah be effective in accordance with Section 107 09 of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Eleventh o_f February., Nineteen
Hundred and Ninety-Seven.
February 11, 1997
- 41 -
Item V-L.8.
PUBLIC HEARING
ITEM # 41778 (Continued)
PLANNING BY CONSENT
Voting:
10-0 (By ConsenO
Council Members Voting Aye:
John A. Bautn, William W.. Harrison, Jr. Harold Heischober, Barbara M.
Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf,
Nancy IC Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M.
Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Linwood O. Branch, III
February 11, 1997
- 42 -
Item V-L.9.
PUBLIC HEARING
ITEM # 41779
PLANNING BY CONSENT
Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council DEFERRED
INDEFINITELY Ordinances upon application of TAYLOR FARM ASSOCIATES, L~L.C for a Change
of Zoning and Conditional Use Permit:
ORDINANCE UPON APPLICATION OF TAYLOR FARM ASSOCIATEX
L.L.C. FOR A CH/INGE OF ZONING DISTRICT CLASSIFICATION
FROM AG-1 AND AG-2 TO R-lO
Ordinance upon application of Taylor Farm Associates, L.L.C., for a
Change of Zoning District Classification from AG-1 and AG-2
Agricultural Districts to R-10 Residential District on certain property
located 1980 feet more or less south of London Bridge Road beginning
at a point 200 feet more or less west of Pt'ney Bark Drive. The proposed
zoning classification change to R-lO 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 low density residential at
densities that are compatible with single family use in accordance with
other Plan policies. Said parcel contains 180. 79 acres. PRINCESS ANNE
BOROUGH.
AND,
ORDINANCE UPON APPLICATION OF TAYLOR FARM ASSOCIATE~
L.L.C. FOR A CONDITIONAL USE PERM~ FOR AN OPEN SPACE
PROMOTION
Ordinance upon application of Taylor Farm Associates, L.L.C. for a
Conditional Use Permit for an Open Space Promotion on property
located 1980 feet more or less south of London Bridge Road beginning
at a point 200 feet more or less west of Pt'ney Bark Drive. Said parcel
contains 180. 79 acres. PRINCESS ANNE BOROUGH.
Voting:
10-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, William W. Harrison, Jr., Harold Heischober, Barbara M.
Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndoff,
Nancy IC Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M.
Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Linwood O. Branch, III
February 11, 1997
Item V-L. 10.
PUBLIC HEARING
ITEM # 41780
PI..4NNING
The following represented the applicant:
Attorney tZ J. Nutter, 44254 Corporation Lane, Phone: 518-3200, represented the applicant.
William McCabe, represented Development Options in Boston
Randy Royal, Engineering Services
Upon motion by Council Lady Strayhorn, seconded by Councilman Harrison, City Council DEFERRED
INDEFINITELY an Ordinance upon application of DEVELOPMENT OPTIONS, INC. for a Conditional
Change of Zoning District Classification:
ORDINANCE UPON APPLICATION OF DEVELOPMENT
OPTIONS, INC. FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM R-5D TO CONDITIONAL B-2
Ordinance upon application of Development Options, Inc. for
Change of Zoning District Classification from R-5D
Residential Duplex District to Conditional B-2 Community
Business District on certain property located at the northeast
intersection of Lynnhaven Parkway and Salem Road. The
proposed zoning classification change to Conditional B-2 is for
commerical land use. The Comprehensive Plan recommends use
of this parcel for suburban high density residential at densities
that are compatible with single family use in accordance with
other Plan policies. Said parcel contains 5.14 acres.
KEMPSVILLE BOROUGH.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, William gE. Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndo~ Nancy I~ Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
February I1, 1997
Item V-L. II.
PUBLIC HEARING
ITEM # 41781
PLANNING BY CONSENT
Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council ADOPTED an
Ordinance upon application of KING PUTT ~L~SOCIATES, L~., and BAY ASSOCIATES for a
Conditional Chanee of Zonine District Classification:
ORDINANCE UPON APPLICATION OF KING PUTT ASSOCIATE~
L.P., AND BAY ASSOCIATES FOR A CONDITIONAL CHANGE OF
ZONING FROM B-2 TO A-24 Z02971064
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of ICing Putt Associates, L.P. and Bay
Associates for a Change of Zoning District Classification from B-2
Community Business District to Conditional A-24 Apartment District on
the east side of General Booth Boulevard, south of South Birdneck Road.
The proposed zoning classification change to A-24 is for multi-family
land use at a density no greater than 24 dwelling units per acre. The
Comprehensive Plan recommends use of this parcel for retail/service use
in accordance with other plan policies. Said parcel is located at 920
General Booth Boulevard and contains 4.1007 acres. PRINCESS ANNE
BOROUGH.
The following condition shall be required:
I.
Agreement encompassing proffers shall be recorded with the
Clerk of the Circuit Court and is hereby made a part of the
record.
This Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Eleventh o.f Februa~. Nineteen
Hundred and Nine~. -Seven.
l/oting:
10-0 (By Consent)
Council Members Voting Aye:
John A. Baum, William W. Harrison, Jr., Harold Heischober, Barbara M.
Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndoff,
Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M.
Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Linwood O. Branch, III
February 11, 1997
City of' Virginia Fleach
INTER-OFFICE CORRESPONDENCE
In R~ly Refer To O~ File No. DF~342
DATE: February 3, 1997
TO:
FROM:
Leslie L. Lilley DEPT: City Attorney
William M. Ma~li ~l DEPT: City Attorney
Condifioml Zo~g Appli~tion - IGng l%tt Ass~~s & Bay Assoch~s
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on February 11, 1997. I have reviewed the subject proffer agreement, dated
November 13, 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.
WMM/
Enclosure
~ES CARNES BOURDON
& AHERN P C
ATTC~RNEYS AT LAW
KING PUTT ASSOCIATES, a Virginia limited partnership
and
BAY ~SSOCIATES, a Virginia general partnership
TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS)
CITY OF VIRGINIA BEACH, a municipal corporation of the
Commonwealth of Virginia
THIS AGREEMENT, made this 13th day of November, 1996,
by and between KING PUTT ASSOCIATES, a Virginia limited
partnership, GRANTQR, party of the first part; BAY ASSOCIATES,
a Virginia general partnership, GRANTOR, party of the second
part; and THE CITY QF VIRGINIA BEACH, a municipal corporation
of the Commonwealth of Virginia, GRANTEE, party of the third
part.
W I T N E S _S E T H _:
WHEREAS, the party of the first part is the owner of a
certain parcel of property located in the Princess Anne Borough
of the City of Virginia Beach, containing a total of
approximately 3.4551 acres and described in Exhibit #A"
attached hereto and incorporated herein by this reference.
Said parcel along with the other parcel herein described is
hereinafter collectively referred to as the "Property"; and
WqfEREAS, the parties of the second part are the owners
of a certain parcel of property located in the Princess Anne
Borough of the City of Virginia Beach, containing approximately
0.6456 acres and described in Exhibit "B" attached hereto and
incorporated herein by this reference. Said parcel along with
the other parcel herein described is hereinafter collectively
referred to as the "Property"; and
WHEREAS, the parties of the first and second part have
initiated a conditional amendment to the Zoning Map of the City
of Virginia Beach, Virginia, by petition addressed to the
GRANTEE so as to change the Zoning Classification of the
"Property" from B-2 to A-24; and
PREPARED BY SYKES, CARNES, BOURDON & AHERN, P.C.
- 1 -
ES CARNES BOURDON
& AHERN P C
· ~- 'qiEY$ AT LAW
WHEREAS, the GRANTEE'S policy is to provide only for
the ~rderly development of land for various purposes through
zoning and other land development legislation; and
WHEREAS, the GRANTORS acknowledge that the competing
and sometimes incompatible uses conflict and that in order to
permit differing uses on and in the area of the Property and at
the same time to recognize the effects of change, and the need
for various types of uses, certain reasonable conditions
governing the use of the Property for the protection of the
community that are not generally applicable to land similarly
zoned are needed to cope with the situation to which the
GRANTORS' rezoning application gives rise; and
WHEREAS, the GRANTORS have voluntarily proffered, in
writing, in advance of and prior to the public hearing before
the GRANTEE, as a part of the proposed amendment to the Zoning
Map, in addition to the regulations provided for the A-24
Zoning District by the existing overall Zoning Ordinance, the
following reasonable conditions related to the physical
development, operation, and use of the Property to be adopted
as a part of said amendment to the Zoning Map relative and
applicable to the Property, which has a reasonable relation to
·
the rezonlng and the need for which is generated by the
rezoning%
NOW, THEREFORE, the GRANTORS, for themselves, their
successors, personal representatives, assigns, grantees, and
other successors in title or interest, voluntarily and without
any requirement by or exaction from the GRANTEE or its
governing body and without any element of compulsion or quid
Dro quo for zoning, rezoning, site plan, building permit, or
subdivision approval, hereby make the following declaration of
conditions and restrictions which shall restrict and govern the
physical development, operation, and use of the Property and
hereby covenant and agree that this declaration shall
constitute covenants running with the Property, which shall be
- 2 -
-,ES CARNE$ BOURDON
& AHERN P C
Al"* '=INEY$ AT LAW
binding upon the Property and upon all parties and persons
claiming under or through the GRANTORS, their successors,
personal representatives, assigns, GRANTEE, and other
successors in interest or title and which will not be required
of the GRANTORS until the Property is developed:
1. When the Property is developed, it shall be
developed into no more than seventy-two (72) residential units
substantially as shown on the exhibit entitled "OWLS CREEK
CONDOMINIUMS, Princess Anne Borough - Virginia Beach, Virginia
SITE PLAN" dated 13 NOV 1996, which has been exhibited to the
Virginia Beach City Council and is on file with the Virginia
Beach Department of Planning (hereinafter "Site Plan").
2. When the Property is developed Grantors shall
install the landscaping and landscape screening upon the
Property substantially as shown and described on the exhibits
entitled "OWLS CREEK CONDOMINIUMS, Princess Anne Borough -
Virginia Beach, Virginia LANDSCAPE PLAN", dated 13 NOV 96 and
"OWLS CREEK CONDOMINIUMS, Princess Anne Borough - Virginia
Beach, Virginia, LANDSCAPING DETAILS", dated 13 NOV 96, which
have been exhibited to the Virginia Beach ~ity Council and are
on file with the Virginia Beach Department of Planning
·
(hereinafter "Landscape Plans").
· 3. The residential buildings numbered 1 through 6 on
the Site Plan shall be substantially similar in appearance to
the "Rendering of Buildings, Owls Creek Condominium" which has
been exhibited to the Virginia Beach City Council and is on
file with the Virginia Beach Department of Planning
(hereinafter "Rendering").
4. The height of the residential buildings numbered
1 through 6 on the Site Plan shall not exceed forty feet (40').
5. The neighborhood identification signs shall be
monument style with low level landscaping.
6. Further conditions may be required by the Grantee
during detailed Site Plan and/or Subdivision review and
- 3 -
,ES CARNES BOURDON
& AHERN, P C
AT'T~RNEY~ATLAW
administration of applicable city codes by all cognizant City
agencies and departments to meet all applicable city code
requirements. Any references hereinabove to B-2 and A-24 Zoning
Districts and to the requirements and regulations applicable
thereto refer to the Zoning Ordinance and Subdivision Ordinance
of the City of Virginia Beach, Virginia, in force as of the
date of approval of this Agreement by City Council, which are
by this reference incorporated herein.
The above conditions, having been proffered by the
GRANTORS and allowed and accepted by the GRANTEE as part of the
amendment to the Zoning Ordinance, shall continue in full force
and effect until a subsequent amendment changes the zoning of
the Property and specifically repeals such conditions. Such
conditions shall continue despite a subsequent amendment to the
Zoning Ordinance even if the subsequent amendment is part of a
comprehensive implementation of a new or substantially revised
Zoning Ordinance until specifically repealed. The conditions,
however, may be repealed, amended, or varied by written
instrument recorded in the Clerk's Office of the Circuit Court
of the City of Virginia Beach, Virginia, and executed by the
record owner of the Property at the time of recordation of such
instrument, provided that said instrument is consented to by
the GRANTEE in writing as evidenced by a certified copy of an
ordinance or a resolution adopted by the governing body of the
GRANTEE, after a public hearing before the GRANTEE which was
advertised pursuant to the provisions of Section 15.1-431 of
the Code of Virginia, 1950, as amended. Said ordinance or
resolution shall be recorded along with said instrument as
conclusive evidence of such consent, and if not so recorded,
said instrument shall be void.
The GRANTORS covenant and agree 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,
- 4 -
xES CARNES BOURDON
& AHERN P C
A' NEYS AT LAW
Virginia, to administer and enforce the foregoing conditions
and restrictions, including the authority (a) to order, in
writing, that any noncompliance with such conditions be
remedied, and (b) 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 proceeding;
(2) The failure to meet all conditions and
restrictions shall constitute cause to deny the issuance of any
of the required building or occupancy permits as may be
appropriate;
(3) If aggrieved by any decision of the Zoning
Administrator, made pursuant to these provisions, the GRANTORS
shall petition the governing body for the review thereof prior
to instituting proceedings in court; and
(4) The Zoning Map may show by an appropriate symbol
on the map the existence of conditions attaching to the zoning
of the Property, and the ordinances and the conditions may be
made readily available and accessible for public inspection in
the office of the Zoning Administrator and in the Planning
Department, and they shall be recorded in the Clerk's Office of
the Circuit Court of the City of Virginia Beach,. Virginia, and
indexed in the names of the GRANTOR and the GRANTEE.
- 5 -
$ CARNES BOURDON
& AHERN. P C
'ro~'=wS AT {.AW
WITNESS the following signatures and seals:
GRANTORS:
KING PUTT ASSOCIATES, a Virginia
limited partnership
By Its Gener~Partner
/CO ANY,
Vi rgi~//~ ~o r at~~./.~
By: (SEAL)
ir 1~1 ~a ~'~ ~. Davenport, III,
es~ :nt
BAY ASSOCIATES, a Virginia general
pa rtner ship_.//~/1. ,
ThO a 7/~' Dej~ke(, Jr.,
By ~~,,~z-, ~'-~'-~ ( SEAL )
~' ~{{ 11~! /'~. Davenport, III,
g~ner F: H~rris,' General
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
th~ foregoing instrument was acknowledged before me
this /~e~ay of November, 1996, by William J. Davenport, III,
President of Chesapeake Land Company, a Virginia corporation,
General Partner of King Putt Associates, a Virginia limited
partnership.
My Commission Expires:
- - - Notary' Public
- 6 -
ES CANNES BOURDON
· AJ.~ERN, P C
&~ ~IEYS AT ~.AW
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me
this ~6~= day of November, 1996, by Thomas J. Decker, Jr.,
General Partner of Bay Associates, a Virginia general
partnership.
Notary Public
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
.The foregoing instrument was acknowledged before me
this /~- day of November, 1996, by William J. Davenport, III,
General Partner of Bay Associates, a Virginia general
partnership.
Notary Public
My Commission Expires: ,~O
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
~_The foregoing instrument was acknowledged before me
this /~T. day of November, 1996, by John F. Harris, General
Partner of Bay Associates, a Virginia general partnership.
My Commisskon Expires:
STATE OF'VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
~The foregoing instrument was acknowledged before me
this /~ day of November, 1996, by Alan Comess, General
Partner of Bay Associates, a Virginia general partnership.
J Notary '
STATE OF
,
-~,,'"I'TY/COUNTY
, to-wit:
Xhe foregoing instrument was acknowledged before me
this %~-w~ day of November, 1996, by Barry Comess , General
Partner of Bay Associates, a Virginia general partnership.
My Commission Expires:
~otary Public
6243i
- 7 -
'(ES GARNE$
· AHERN. P C
41' ~NEY~ AT lAW
EXHIBIT
ALL THAT certain lot, piece or parcel of land, with the
buildings and improvements thereon, situate, lying and being in
the City of Virginia Beach, Virginia, and being known, numbered
and designated as Parcel AA as shown on that certain plat
entitled "Plat Showing Parcel-AA & Parcel Bi, Being a
Subdivision of Lots 11, 12, 21 & 22 (MD 7, PG 205), Parcels
"Al) and "1.429 Acres" (MB 151, PG 53) and Parcel B (MD 169, PG
23), Princess Anne Borough - Virginia Beach, Virginia", dated
March 4, 1993, which said plat is duly recorded in the Clerk's
Office of the Circuit Court of the City of Virginia Beach,
Virginia in Map Book 228, page 85.
GPIN NO. 2416-84-1202
6243i
- 8 -
~-S CARNES BOURI~ON
· AHERN P C
~T'rOtqNEY~ AT I..AW
EXHIBIT "B"
ALL THAT certain lot, piece or parcel of land, with the
buildings and improvements thereon, situate, lying and being in
the City of Virginia Beach, Virginia, and being known, numbered
and designated as Parcel B1 as shown on that certain plat
entitled "Plat Showing Parcel-AA & Parcel B1, Being a
Subdivision of Lots 11, 12, 21 & 22 (MD 7, PG 205), Parcels
"Al) and "1.429 Acres" (MB 151, PG 53) and Parcel B (MD 169, PG
23), Princess Anne Borough - Virginia Beach, Virginia", dated
March 4, 1993, which said plat is duly recorded in the Clerk's
Office of the Circuit Court of the City of Virginia Beach,
Virginia in Map Book 228, page 85.
GPIN NO. 2416-73-7709
6243i
- 9 -
Item V-M.1.
APPOINTMENTS
ITEM # 41782
BY CONSENSUS, City Council RESCHEDULED:
CHESAPEAKE BAY PRESERVATION AREA BOARD
February 11, 1997
Item V-P.
ADJOURNMENT
ITEM # 41783
Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 5:00 P.M.
Beverly O. Hooks, CMC/AAE
Chief Deputy City Clerk
City Clerk
Meyera E. Oberndorf
Mayor
City of Virginia Beach
Virginia
February 11, 1997