OCTOBER 23, 1989
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@U@ V. WAM, I., @il CITY COUNCIL AGENDA VIRGINIA BEACH, VIRGINIA 23456-9002
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OCTOBER 23, 1989
ITEM 1. CITY COUNCIL WORKSHOP - Conference Room - 3:30 PM
A. CAPITAL IMPROVEMENT PLAN
ITEM 11. COUNCIL CONFERENCE SESSION - Conference Room - 4:30 PM
A. CITY COUNCIL CONCERNS
ITEM 111. INFORMAL SESSION - Conference Roorn - 5:00 PM
A. CALL TO ORDER - Vice Mayor Robert E. Fentress, Presiding
B. ROLL CALL OF COUNCIL
C. MOTION TO RECESS INTO EXECUTIVE SESSION
ITEM IV. FORMAL SESSION - Council Chamber - 6.00 PM
A. INVOCATION: Reverend Thomas Murphy
Virginia Beach United Methodist Church
B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
C. ELECTRONIC ROLL CALL OF CITY COUNCIL
D. CERTIFICATION OF EXECUTIVE SESSION
E. MINUTES
1. INFORMAL & FORMAL SESSIONS - October 2, 1989
F. RESOLUTIOWORDINANCE
1. Resolution authorizing the enlargement of the nonconforming use and
structure located at 110 71st Street, property of Thornas R. Watkins
and Jean F. Watkins.
2. Ordinance to AMEND the Code of the City of Virginia Beach,
Virginia, by the ADDITION of a new Section 8-11 re requirements for
fences and walls.
G. CONSENT AGENDA
A] I matters I lsted under the Consent Agenda are considered In the
ordinary course of business by City Counci I and wi I I be enacted by
one motion In the form listed. If an itefn is removed from the Consent
Agenda, it will be discussed and voted upon separately.
1. Resolution requesting the General Assembly to appropriate yearly
adequate funding to local governments for the administration of the
Chesapeake Bay Preservation Program.
2. Ordinance to MEND and REORDAIN Section 23-48 of the Code of the
City of Virginia Beach, Virginia, re open storage of junk.
3. Ordlnance to MEND and REORDAIN Section 23-50.1 of the Code of the
City of Virginia Beach, Virginia, re the removal of diseased, etc.,
trees.
4. Ordinance, upon SECOND READING, to APPROPRIATE $206,049 to the
Department of General Services for associated costs.
5. Ordinance, upon SECOND READING, to APPROPRIATE $512,873 to the
Sheriff's Department for the Work Release Correction Center Annex,
offset by $475,898 of increased revenues.
6. Ordinances appointing viewers In the petitions of:
a. The Runnymede Corporation for the closure of a portion of
Race Street (Lynnhaven Borough);
AND,
b. Vintage Investment Oorporation for the closure of a portion of
Cypress Road (Virginia Beach Borough).
H. PUBLIC HEARING
1. PLANNING - RECONSIDERATION
a. Request of LOUIS R. JONES for reconsideration of conditions In
the January 27, 1986, approved application of Ronald L. and
Holly Hall for a Change of Zoning District Classlfication from
R-3 Rgsidential District to 0-1 Office District at the
Southeast corner of General Booth Boulevard and Princess Anne
Road, shown as ItResidue Acreage", containing 3.25 acres
(PRINCESS ANNE BOROUGH).
Scheduled for Reconsideration: August 14, 1989
2. PLANNING
a . Application of HOLLOMAN-BROWN FUNERAL HOME, BAYSIDE CHAPEL,
INC./LOUIS R. JONES for a Change of Zon I ng Dlstrlct
Classification from R-20 Residential District t. 0-2 Otf ice
District on the South side ot Ueneral Booth Boulevard, ZbU tett
more or less East of Princess Anne Rc)ad, containing 34,848
square feet (PRINCESS ANNE BOROUGH).
Recommendation: APPROVAL
b. Ordinance for the discontinuance, closure and abandonment of a
portion of Holly Avenue beginning at the western boundary of
North Great Neck Road and running Easterly a distance of 150.47
feet, containing 3773.78 square feet (LYNNHAVEN BOROUGH), In
the petition of CHESAPEAKE AND POTOMAC TELEPHONE COMPANY OF
VIRGINIA, INC.
Deferred for compliance October 10, 1988 and April 10, 1989
AMENDED conditions and APPROVED the variance March 20, 1989
Recommendation: FINAL APPROVAL
c. Petition of DOMINION BUILDING CORPORATION for the
discontinuance, closure and abandonment of a portion of
Dwyer Road beginning at a point 455.5 feet Southwest of the
Intersection with Dam Neck Road and running In a Westerly
direction a distance of 2782.7 feet, being 40 feet In width and
containing 2.553 acres (PRINCESS ANNE BOROUGH).
Deferred for compliance March 9, 1987, September 14, 1987,
March 14, 1988 and September 26, 1988
WAIVED Condition Number One November 14, 1988
Recommendation: ADDITIONAL ONE (1) YEAR DEFERRAL
d. Application of THE PRESBYTERIAN LEAGUE OF NORFOLK PRESBYTERY,
INC. for a Conditional Use Permit for a church at the
Northwest corner of Princess Anne Road and Crossroad Trail,
containing 4.258 acres (PRINCESS ANNE BOROUGH).
Recornmendation: APPROVAL
e. Application of AUTO SUNROOF AND ACCESSORIES, INC. for a
Conditional Use Permit for an automobile repair garage
(instal lation of sunroots, luggage racks, spoi lers and running
boards) on the South side of Cleveland Street, 1910 feet West
of Witchduck Road (5321 Cleveland Street), containing 3200
square feet (BAYSIDE BOROUGH).
Recommendation: APPROVAL
f. Application of TRAVIS W. HALSTEAD, JR. and CYD L. HALSTEAD for
a Conditional Use Permit for boarding horses on the West side
of Princess Anne Road, 2800 feet North of Stowe Road
(1161 Princess Anne Road), containing 40.1493 acres
(PUNGO BOROUGH).
Recommendation: APPROVAL
9. Application of RIVERSIDE INVESTMENT ASSOCIATES, INC. for a
Conditional Use Permit for a 122-unit motel on the South@est
corner of Greenwich Road and Bal lard CourT, containing 1.7
acres (BAYSIDE BOROUGH).
Recommendation: APPROVAL
h . Application of TIDEWATER WESTMINSTER HOMES, INC. for a
Conditional Use Permit for apartments for the elderly on
Lot 20, Block R, Aragona Village (709 Aragona Boulevard),
containing 1.43 acres (BAYSIDE BOROUGH).
Recornmendation: APPROVAL
1. Application of RICHARD G. and TRACEY L. GARNER for a
Conditional Use Per7nit for a home occupation (leather crafti@q)
on Lot 228, Section 4, Red mill Farms (1205 Warner Hall Drive),
containing 7,500 square feet (PRINCESS ANNE BOROUGH).
Recommendation: APPROVAL
j. Application of PACE HOMES, INCORPORATED for a Conditional
Zoning Classification from R-10 Residential District to A-12
Apartment DisTrict-on the Southwest side of Reagan Avenue
beginning at a point 400 teet more or less Northwest of Busky
Lane, containing 10.979 acres (LYNNHAVEN BOROUGH).
Recommendation: APPRO"L
k. Application of BOY SCOUTS OF AMERICA and MOORE FARM ASSOCIATES
for a Change of Zonlnq District Classification from R-10
Residential District to B-2 Community Business District on the
East and West sides of Hea-therwood Drive, 484.83 feet North of
Haygood Road on Parcels D-1, G-1 and 1-1, Cypress Point North
Shopping Center, containing 13,278 square feet (BAYSIDE
BOROUGH).
Recommendation: APPROVAL
1. Ordinances to AMEND and REORDAIN the City Zoning Ordinance of
the City of Virglnia Beach, Virginia:
1. Article 1, Section 106 of re rehearings of variance
applications;
AND,
2. Section 214 re sign height, setback and landscaping.
DEFERRED September 11, 1989
Recommendation: APPROVAL
m. Ordinance to AMEND and REORDAIN Section 7 of the Site Plan
Ordinance of the City of Virginia Beach, Virginla, re variances
and appeals as they relate to development related waiver
requests.
Recommendation: APPROVAL
1. APPOINTMENTS
HAMPTON ROADS AIR POLLUTION CONTROL DISTRICT COMMISSION
HISTORICAL REVIEW BOARD
TIDEWATER TRANSPORTATION DISTRICT COMMISSION
J. UNFINISHED BUSINESS
K. NEW BUSINESS
L. RECESS TO RECONVENE OCTOBER 24, 1989, at 9:00 AM, In EXECUTIVE SESSION
for a PERSONNEL MATTER (a. Interviews for the City Attorney position)
M. ADJOURNMENT
CITY COUNCIL SESSIONS RESCHEDULED
OCTOBER 30, 1989 2:00 PM
(RESCHEDULE OF OCTOBER 9 and 16)
Administrative/Planning Items
CITY COUNCIL SESSION CANCELLED
NOVEMBER 27, 1989
NATIONAL LEAGUE OF CITIES
(Scheduled Planning Items will be heard November 20)
All other Sessions will be In accordance with the City C(>de
mim
10/19/89
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
October 23, 1989
The CAPITAL IMPROVEMENT WORKSHOP (FY-1989-90/1993-94) for the VIRGINIA BEACII
CITY COUNCIL was called to order by Vice Mayor Robert E. Fentress in the
Conference Room, City Hall, on Monday, October 23, 1989, at 3:30 P.M.
Council Members Present:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Reba S. McClanan, John
D. Moss, Nancy K. Parker and William D. Sessoms.
Council Members Absent:
Mayor Meyera E. Oberndorf (OUT OF CITY ON BUSINESS)
Barbara M. Henley (ENTERED: 3:43 P.M.)
John L. Perry (ENTERED: 3:35 P.@1.)
- 2 -
C I T Y C 0 U N C I L C 0 N C E R N S
ITEM # 31886
Councilman Balko advised the monies as well as homes, planes, boats, et cetera
from the sale of drugs confiscated by the police normally comes back to the
municipality. However, under new legislation being considered. The proceeds
will be returned to the Federal Government. Councilman Balko suggested a
Resolution be composed urging the City's legislative representation to have the
funds retained by the municipality.
Councilman Sessoms advised Senator Warner was a leader in the urging of the
retention of these funds by the municipality.
Councilman Heischober advised the other side of the coin reflected by Congress
is the funds can be used Federally to kill the source of supply.
Councilman Sessoms and Robert Matthias, Legislative Co-ordinator, advised these
funds were not going to go back to the Federal Government to be used against
the fight against drugs, but rather to the general fund. The Federal Government
passed a law advising that unless a locality's State Constitution allows the
use of these funds they cannot be returned to the municipality. The Virginia
Constitution states same must be in the Literary Fund. A Constitutional
Amendment is being devised at the state level but will not be approved until
January 1991 at the earliest. Robert Matthias advised Senator Warner placed a
Bill in the Senate which was killed in the House; however, the House has now
passed their own version of the Bill which was sent to the Senate.
A Resolution will be SCHEDULED for the City Council Session of October 30,
1989.
ITEM # 31887
Councilman Moss referenced his inquiry to the City Manager whether Personal
Property Tax can be placed on drugs. Many states have utilized this method of
drug stamps to receive funds two ways; tax convictions and tax liens are
satisfied first from the proceeds before distribution.
ITEM # 31888
Councilman Moss referenced the stringent schedule of vitally important items,
i.e, the Legislative Package, Capital Improvement Program and the PUBLIC
HEARING for School Board Appointments between now and December.
Councilwoman @IcClanan referenced several letters relative the School Board
Appontments. One of the School Board Members whose term expires December 1989
will be away during the Thanksgiving Holidays.
Councilwoman McClanan requested the date or dates of the School Board PUBLIC
HEARINGS be SCHEDULED during the City Council Session of October 30, 1989.
Councilwoman McClanan requested the date for the PUBLIC HEARING of the
SOUTHEASTERN EXPRESSWAY also be SCHEDULED.
ITEM # 31889
Councilman Perry referenced a mistake on the computerized concern sheet. The
car lot was not on Shore Drive and Pleasure House Road, but Baker Road and Lake
Edward Drive adjacent to a day care center.
Councilman Heischober advised this was an old service station converted many
years ago to a used car lot. The applicants did receive a Conditional Use
Permit for same, but these individuals are now out of business. There are cars
on the lot now supposedly for sale. Councilman Heischober requested same be
investigated as he has also received complaints.
- 3 -
C IT Y C 0 UN C I L C ON C E R N S
ITEM # 31890
Councilman Perry advised a developer has been trying to get permission to place
bulkheads on Pleasure House Lake. The Coast Guard advised they have nothing to
do with it because Pleasure House Lake is a man made lake.
C. Oral Lambert, Jr. , Director of Public Works, advised the developer was
trying to fill in a great portion of Pleasure House Lake. The City Attorney's
Office has examined same and a status report will be provided.
Councilwoman Parker requested information relative the effect of the drainage.
ITEM # 31891
Councilman Perry advised in the vicinity of this aforementioned area, there are
signs on either side of the road stating "NO PARKING". This is a very narrow
street and thus there is nowhere to park.
The City Manager will provide information relative this situation.
ITEM # 31892
Councilman Moss requested Robert Matthias, Intergovernmental Relations
Coordinator, Iceep abreast of the Interstate Highway Trust Fund Appropriations
and Obligation Authority relative South Carolina and California. In light of
the national concern, it appears Virginia is going to receive less money. This
might have an impact on many of the City's road building programs and other
funding issues.
Councilwoman McClanan advised the report to be discussed Wednesday, October 25,
1989, at the Southeastern Virginia Planning District Commission contains
considerable research on this particular aspect.
ITEM # 31893
Councilman Balko referenced correspondence from Attorney Ned Caton relative the
application of East Coast Oil Corporation for a Conditional Use Permit
SCHEDULED for the City Council Agenda of October 30, 1989. Attorney Caton
requested this application be DEFERRED to November 13, 1989, as he will be out
of the City.
The City Clerk advised Attorney Robert Cromwell, representing East Coast Oil,
had informed her the applicant was not willing to postpone this application.
ITEM # 31894
Councilwoman Henley advised she is forwarding Council Members a copy of her
letters to Mark Snyder, Chairman of the Mayor's Committee for the Disabled,
Jacqueline Beach, Member of the Community Services Board, and to Mrs. Ritter
relative changes in Transportation for the Disabled.
On September 18, 1989, Councilwoman Henley distributed a DRAFT copy of the
proposed policy, entitled "Transportation Services Program for Citizens
Disabilities", to bring on-line the wheelchair lift-equipped buses in concert
with the transit system. Written comments have been requested by December
First. The pending legislation before Congress will mandate wheelchair lift-
equipped buses, as well as the continuation of the paratransit system. However,
it does not provide specifics. This will be a very difficult issue to resolve.
Even though the Disabled Community for years has been lobbying very hard for
the wheelchair lifts on buses, the TTDC is now hearing from the Disabled
Community they cannot ride these buses and need to have paratransit continue.
It is going to be difficult to provide both as well as have a review committee
decide who can qualify for paratransit.
- 4 -
C I T Y C 0 U N C I L C 0 N C E R N S
ITEM # 31894 (Continued)
Councilwoman Henley requested City Council's guidance. There will be no new
Federal dollars to fund these issues. The City has a fleet of approximately 150
buses. Each of these lifts entails a cost of approximately $15,000. The bulk of
these funds might come from the Federal Government since these dollars are
expended primarily on capital costs. That money could have gone toward the
purchase of vans. This is a significant amount. The Annual Operating
Maintenance Cost of the lifts is a significant amount and these dollars are
primarily local and State. Councilwoman Henley did not believe service to the
main line could be cut to expand service to the disabled. Additional funds will
have to be secured. Perhaps there are other ways, the same kind of service
could be accomplished. A vision impaired person might be able to ride share or
join a van pool as they really do not need a van with a lift. Many individuals,
who are not wheelchair bound, have positions at Sheltered Workshops and also do
not really need a van with a lift.
A Pilot Project is being developed by TRT this year which is a user side
subsidy experiment with low income individuals similar to a food stamp program.
This would allow low income individuals to utilize not only buses, but taxis
and other types of service to get to work. This might be a possibility of the
disabled who did not require wheelchairs.
ITEM # 31895
Councilwoman Parker referenced the Recycling Day at Pembroke Mall, Saturday,
October 21, 1989. This was a huge success. The public response was incredible.
Councilwoman Parker extended compliments to the Clean Community Commission and
the Southeastern Public Service Authority.
ITFII # 31896
Vice Mayor Fentress advised his visit to recycling centers on the West Coast, a
nine square mile City that has been doing this for nine years. All of this is
voluntary and accompanied by a superb marketing program. Mandating this
program is currently under consideration. Washington, D.C. shall be mandating
the first of the year.
ITEM # 31897
Vice Mayor Fentress announced the mother of Robert Scott, Director of Planning,
died of Cancer in New England.
ITEM # 31898
Councilman Perry advised residents of Newsome Farm, Colaro Court, have plans to
file a Class Action Suit against the City concerning the construction of homes
in that area. and demand their money back. The builder has gone bankrupt and
thus those funds might have to be returned by the Community Development
Corporation. The City Manager will investigate.
ITEM # 31899
Vice Mayor Fentress expressed concern over the habit of eating meals during
EXECUTIVE SESSION. As this was very diverting to one's attention span, Vice
Mayor Fentress suggested twenty minutes be allocated between Sessions for this
sole purpose.
- 5 -
I T E M S 0 F T H E C I T Y M A N A G E R
ITEM # 31900
The City Manager advi sed, unless Ci ty Counc! I objects, there WIII be CIP
WORKSHOPS SCHEDULED of one hour duration at the beginning of the City Council
Meetings of October 30 and November 6, 1989.
ITEM # 31901
The City Manager provided a DRAFT of the Resolution ADOPTED by the Chesapeake
City Council relating to the Southeastern Expressway and the possibility of
having same designated as a Route 58 Bypass. This item would be a possible
funding mechanism. The DEADLINE for Public Comment Is October Thirty-first.
C<)uncilman Heischober requested information be provided relative the opinions
of the City's Legislative representation.
Oouncilwoman WClanan advised 'half of the new Toll Road in California is being
funded with C)onditional Zoning and Impact Fees.
The City Manager advised Councilman Baum there were cost cornparlsons in the
present docurnentation. These cost data could be reaffirmed. C)ouncilman BaLxn
said he was interested In determining the acqulsition costs per acre for
rights-of-way, especially the Wetlands. Basically, two rights-of-way are being
purchased. The City Manager advised a representative from the State will be
available to respond to various issues during the PUBLIC HEARING of the
SOUTHEASTERN EXPRESSWAY.
Councilwoman ttclanan requested maps depicting existing conditions be provided
prior to the PUBLIC HEARING. The maps of the State are old.
- 6 -
ITEM # 31902
The INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order by
Vice Mayor Fentress In the Con f erence Room, Ci ty HAII Bu! Id I ng, on Monday,
October 23, 1989, at 5:05 P.M.
Council Members Present-
Albert W. Balko, John A. Baun, Vice Veyor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. WClanan, John D. Moss, Nancy K. Parker, John L.
Perry and William D. @soms, Jr.
Council Members Absent:
Mayor Nbyera E. Oberndorf
- 7 -
ITEM # 31903
Vice %yor Robert E. Fentress entertained a motion to permit City Counci I to
conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of
Virginia, as amended, for the following purposes:
1. PERSONNEL MATTERS: Discussion, consideratlon or interviews of
prospective candidates for employment, assignment, appointment, promotion,
perfonnance, demotion, salaries, disciplining, or resignation of specific
public officers, appointees, or employees pursuant to Section 2.1-
344(A)(1). (1) City Attorney position. (2) City Council appointed boards
and commissions.
Upon motion by Councilman Perry, seconded by rouncilman Sessoms, City Council
voted to proceed into EXECUTIVE SESSION.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. BAUTI, Vice Veyor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Voss, Nancy K. Parker, John L.
Perry and William D. Sessoms, Jr.
Council Members Voting Nay;
None
Council Wmbers Absent:
Mayor Meyera E. Oberndorf
- 8 -
VIRGINIA BEACH CITY COUNCIL
October 23, 1989
6:00 P.M.
Vice Veyor Robert E. Fentress cal led to order the FORMAL SESSION of the
VIRGINIA BEACH CITY COUNCIL in the Council Chambers, City Hall Building, on
Monday, October 23, 1989, at 6:00 P.M.
Council Members Present:
Albert W. Balko, John A. Baum, Vice Wayor Robert E.
Fentress, Harold Heischober, Barbara M. Fbnley, Reba
S. McClanan, John D. Wss, Nancy K. Parker, John L.
Perry and William D. Sessoms, Jr.
Council Vembers Absent:
Mayor Mayera E. Oberndorf (OUT OF CITY ON BUSINESS)
INVOCATION: Reverend Thomas Murphy
Virginia Beach United Methodist Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
9
Item I V-D
RECOGNITION ITEM 31904
ADD-ON
Vice Mayor Fentress recognized Mrs. Delores Delaney, Chairman of the CADRE
Group, accompanied by a group of eleven students celebrating the beginning of
RED RIBBON WEEK.
The theme of CADRE is VIRGINIA BEACH TOMORROW DRUG FREE.
Red Ribbons were distributed to all Members of City Cbuncil and those citizens
in attendance.
- 10 -
Item IV-D.I.
CERTIFICATION OF
EXECUTIVE SESSION ITEM # 31905
Upon motion by C)ounci Iman Heischober, seconded by Counci Iman Perry, City
Council ADOPTED:
CERTIFICATtON OF EXECUTIVE SESSION
Only pubi ic business matters lawful ly exempted from
Open Meeting requirements by Virginia law were
discussed In Exec ut i ve Session to which this
certification resolution applies;
AND,
Only such public business matters as were
identified In the motions convening the E)<ecutive
Session were heard, discussed or considered by
Virginia Beach City Council.
Vot I ng 10-0
Council @mbers Voting Aye:
Albert W. Balko, John A. BaLim, Vice Wayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McCianan, John D. Moss, Niancy K. Parker, John L.
Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Vembers Absent:
Mayor Meyera E. Oberndorf
Wroialuti till
CiRTIFICATION OF EXECUTIVE SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to
the affirmative vote recorded here and in accordance with the provisions of The Virginia
Freedom of Information Act; and,
WHEREAS: Section 2.1-344.1 of the Code of Virginia requires a certification by the
governing body that such Executive Session was conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies
that, to the best of each member's knowledge, (a) only public business matters lawfully
exempted from Open Meeting requirements by Virginia law were discussed in Executive Session
to which this certification resolution applies; and, (b) only such public business matters
as were identified in the motion convening this Executive Session were heard, discussed or
considered by Virginia Beach City Council.
MOTION;
Upon motion by Councilman Perry, seconded by Councilman Sessoms, City Council voted to
proceed into EXECUTIVE SESSION to consider:
1. PERSONNEL MATTERS: Discussion, consideration or interviews of prospective candidates
for employment, assignment, appointment, promotion, performance, demotion, salaries,
disciplining, or resignation of specific public officers, appointees, or employees
pursuant to Section 2.1-344(A) (1). (1) City Attorney position. (2) City Council
appointed boards and commissions.
VOTE: 10-0
Council Members Voting AYE: Council Diembers Voting NAY:
Albert W. Balko, John A. Baum, Vice Mayor Robert E. None
Fentress, Harold Heischober, Barbara M. Henley,
Reba S. McClanan, John D. Moss, Nancy K. Parker
John L. Perry and William D. Sessoms
Council Members ABSTAINING: Council Members ABSENT for the Vote:
None Mayor Meyera E. Oberndorf
Council Members ABSENT for the Meeting:
Mayor Meyera E. Oberndorf
l(uth Hodge@ Smith, CMC/AAE
.City Clerk
Item IV-E.I.
MINUTES ITEM # 31906
Upon motion by Councilman Perry, seconded by Councilman Sessoms, City Council
APPROVED the Minutes of the INFORMAL & FORMAL SESSIONS of October 23, 1989.
Vot i ng -. 10-0
Counci I Members Voting Aye:
Albert W. Balko, John A. BaLn, Vice Veyor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. VcClanan, John D. Moss, Nbncy K. Parker, John L.
Perry and William D. Sessoms, Jr.
Counci I Wmbers Voting Nay:
%ne
Council Members Absent:
Mayor Voyera E. Oberndorf
- 12 -
Item IV-F.l.
RESOLUTION/ORDINANCE ITEM # 31907
Thomas R. Watkins, 110 71st Street, Phone: 422-6079 (Virginia Beach) 873-1881
(Newport News) 722-8590 (Hampton), the applicant, represented himself and
distributed statements of adjacent owners of property in the 100 block of
71st Street and the owners of property on 70th Street in support of the
application. Said statements are hereby made a part of the record.
R. L. Smouse, 106 84th Street, Phone; 425-1567, President - North Virginia
Beach Civic League, spoke in OPPOSITION.
The City Clerk referenced a letter from Ramon L. Smouse, President - North
Virginia Beach Civic League, in OPPOSITION to the application.
A Motion was made by Councilman Balko, seconded by Councilwoman Parker, to DENY
Resolution authorizing the enlargement of the nonconforming use and structure
located at 110 71st Street, property of Thomas R. Watkins and Jean F. Watkins.
Voting: 4-6 (MOTION LOST TO A NEGATIVE VOTE)
Council Members Voting Aye:
Albert W. Balko, Barbara M. Henley, John D. Moss,
Nancy K. Parker,
Council Members Voting Nay:
John A. Baum, Harold Heischober, Reba S. McClanan,
Vice Mayor Robert E. Fentress, John L. Perry and
William D. Sessoms, Jr.
Council Members Absent:
Mayor Meyera E. Oberndorf
- 13 -
Item IV-F.l.
RESOLUTION/ORDINANCE ITEM # 31907 (Continued)
Upon motton by Co unc i I man He! schober, seconded by Co unc II man Sessoms, City
Council ADOFITED:
Resolution authorizing the enlargement of the
nonconfoming use and structure located at 110 71st
Street, property of Thomas R. Watkins and Jean F.
Watkins.
Application of Thomas R. and Jean F. Watkins for a
Change in a nonconforming use on property located
at 110 71st Street. The parcel contains 11,250
sq uare f eet more or I ess. More deta i I ed i n f ortnat I on
is available In the Department of Planning.
LYNNHAVEN BOROUGH.
Voting: 6-4
Council %mbers Voting Aye:
John A. BaLtn, Harold Heischober, Reba S. tkcianan,
Vice Mayor Robert E. Fentress, John L. Perry and
William D. Sessoms, Jr.
C)ouncil Members Voting Nay:
Albert W. Balko, Barbara M. Penley, John D. Moss, and
Nancy K. Parker
Council Members Absent:
Voyor Nbyera E. Oberndorf
APPROVED AS TO CONTENTS
SMNATURE
I
it@ lo-4M
DEPARUENT
APPROVED AS FORM
1 RESOLUTION AUTHORIZING THE ENLARGEMENT SIGNATURE
2 OF THE NONCONFORMING USE AND STRUCTURE -@'CITY ATTORIll@-/@'07
3 LOCATED AT 110 71st STREET
4 PROPERTY OF THOMAS R. WATKINS AND JEAN F. WATKINS, HUSBAND AND WIFE
5 WHEREAS, Thomas R. Watkins and Jean F. Watkins, husband and
6 wife, (hereinafter the "Applicants") desire to construct a new
7 screened porch which will house a new staircase with an additional
8 car port below their existing nonconforming two-story garage
9 apartment, thereby increasing the living area 223.25 square feet,
10 as shown on that certain drawing attached hereto and made a part
11 hereof as Exhibit "A;" and
12 WHEREAS, the present use does not conform to the provisions
13 of the City Zoning Ordinance because garage apartments are not
14 allowed in the R-5R Residential District; and
15 WHEREAS, pursuant to Section 105(d) of the City Zoning
16 Ordinance, City Council may authorize the enlargement or extension
17 of a nonconforming use if Council finds that the use as enlarged
18 or extended is equally appropriate or more appropriate to the
19 zoning district than is the existing nonconformity.
20 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
21 VIRGINIA BEACH, VIRGINIA:
22 That City Council hereby finds the enlargement or extension
23 of the nonconforming garage apartment located at 110 71st Street,
24 Virginia Beach, Virginia, as shown on the attached Exhibit "A," is
25 equally appropriate or more appropriate to the zoning district in
26 which they are located than is the existing nonconformity; and the
27 City Council hereby authorizes the enlargement or extension of the
28 nonconforming use in the manner shown on the attached Exhibit "A,"
29 provided extension of the use complies with all building, site plan
30 and other requirements of the City of Virginia Beach.
31 Adopted by the Council of the City of Virginia Beach,
32 Virginia on October 23, 1989
33 RCP/ccm
34 09/29/89
VV A I Kil@
THIS 19 TO CERTIFY THAT 1. ON MAR. 19, 1986 supivayao
THE rMOPgRTY SHOWN ON THIS PLAT, AND THAT THC TITLC LINES AND THE WAUA OF Tmg
BUIL04NOS ARE SHOWN ON THIN PLAT,
THC NUILDINGS STAND STRICTLY WITHI)4 THK TITLX UNCS AND THRRZ ARK NO
ENCROACHMENTS 00t VISIBLE CASKMENTS. ZXCKFT As SH-M.
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PHYSICAL SURVEY
OF
LOT 11 & EASTERN 1/2 OF LOT 13, BLK. 7, CAPE HENRY, SECTION E
VIRGINIA BEACH, VA.
FOR
THOMAS R. WATKINS & JEAN F. W@TKINS
SCALE: 1" - 30' MAR. 19, 1986
NOTE: FOR PLAT SEE
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ma G!Z H.U@o. FLOOD
ALTON M. B@R
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VIRGINIA NEACH. VA.
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14 -
item IV-F.2.
RESOLUTION/ORDINANCE ITEM # 31908
B.H. "Pat" Bridges, Jr., 557 Long Leaf Road, Chairman of the City's Appearance
Task Force, spoke in support of the Ordinance
Robert Loher, Director of Permits and Inspections, advised the Ordinance would
require permits for any fence forty-eight inches or greater in height. Robert
Loher advised a record of all modifications would be kept should City Council
desire. If the workload could not be accommodated with the existing manpower,
a statistical sampling could be used for inspection purposes. The $15.00 cost
would offset a significant portion of the enforcement efforts.
Councilman Moss referenced lines 48 - 51 of said Ordinance and advised this
was a broad discretionary granting of authority. How would the City Council
know if there was equal enforcement of these modifications. The City Council is
responsible for oversight of said Ordinances. Councilman Moss inquired as to
the type of file which would catalog the modifications and might be open for
public inspection. Councilman Moss inquired would this $15.00 permit fee
generate revenue. The cost of what this fee will accomplish should be
identified.
Councilman Baum requested agricultural fencing, with the assistance of the
Department of Agriculture, be reviewed. Landscape type fencing also might be
exempted from the Agriculture section.
Councilwoman Parker believed Council's concern was more oriented toward the
fencing adjacent to roadways.
A MOTION was made by Councilman Balko, seconded by Councilwoman McClanan to
ADOPT an Ordinance to AMEND the Code of the City of Virginia Beach, Virginia,
by the ADDITION of a new Section 8-11 re requirements for fences and walls.
This Ordinance shall be for a two-year trial period at which time City Council
will review same.
Upon SUBSTITUTE MOTION by Councilwoman Henley, seconded by Councilman
Heischober, City Council DEFERRED:
Ordinance to A M D the Code of the City of Virginia
Beach, Virginia, by the ADDITION of a new Section
8-11 re requirements for fences and walls.
This Ordinance will be SCHEDULED for a WORKSHOP for further discussion by City
Council.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Nancy K. Parker, John L.
Perry" and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
"Verbal Aye
- 15 -
Item IV-G.
CONSENT AGENDA ITEM # 31909
Upon motion by Councilman Baum, seconded by Councilman Moss, City Council
APPROVED In ONE MOTION ltem5 1, 2, 3, 4, 5, 6a and 6b of the CONSENT AGENDA.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. BaLn, Vice Wayor Robert E.
Fentress, Harold Heischober, Barbara M. Fbnley, Reba
S. WClanan, John D. Moss, Nancy K. Parker, John L.
Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
C)ouncit Members Absent:
Mayor Meyera E. Oberndorf
- 16 -
Item IV-G.1
CONSENT AGENDA ITEM # 31910
Upon motlon by Councilman Baum, seconded by Cbuncilman Moss, City Council
ADOFrED:
Resolution requesting the General Assembly to
appropriate yearly adequate funding to local
governments for the admlnistration of the
Chesapeake Bay Preservation Program.
Vot 1 ng 10-0
Council %mbers Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Mc)ss, @ncy K. Parker, John L.
Perry and William D. Sessofns, Jr.
Council Members Voting Nay:
None
Council Wmbers Absent:
Veyor Wyera E. Oberndorf
1 A RESOLUTION OF THE COUNCIL OF THE
2 CITY OF VIRGINIA BEACH, VIRGINIA
3 REQUESTING THE GENERAL ASSEMBLY TO
4 APPROPRIATE YEARLY ADEQUATE FUNDING
5 TO LOCAL GOVERNMENTS FOR THE
6 ADMINISTRATION OF THE CHESAPEAKE BAY
7 PRESERVATION PROGRAM
8
9
10 WHEREAS, the City of Virginia Beach has a strong
11 commitment to envirorlmental quality;
12 WHEREAS, the State of Virginia has passed the Chesapeake
13 Bay Preservation Act to improve the enviroiunent by protecting a
14 unique natural resource;
15 WHEREAS, the implementation of the Chesapeake Bay
16 Preservation Act will impose a costly burden on local goverriments
17 in the areas of planning, engineering, administration and legal
18 affairs;
19 WHEREAS, the only financial assistance that the State of
20 Virginia has made available to local goverrunents is a one-time
21 matching grant in the amount of $10,600.00 from the Council of the
22 Enviroranent;
23 WHEREAS, the operation of the Chesapeake Bay
24 Preservation Program will require yearly recurring expenses for
25 local government to meet this mandated program;
26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
27 THE CITY OF VIRGINIA BEACH, VIRGINIA:
28 That the Council of the City of Virginia Beach
29 respectfully requests the General Assembly to appropriate yearly
30 adequate funding to local goverrlments for the administration of
31 the requirements of the Chesapeake Bay Preservation Program, so
32 that this state mandated program does not become another financial
33 burden on local goverriments.
34 AND BE IT FURTHER RESOLVED, that this resolution be
35 presented to the Governor of Virginia, the Senators and Delegates
36 representing the City of Virginia Beach, the Secretary of Natural
37 Resources, the Chairman of the Chesapeake Bay Local Assistance
38 Board and each local government affected by the Chesapeake Bay
39 Preservation Act.
40 Adopted by the City Council of the City of Virginia
41 Beach, Virginia on the 23 day f October , 1989.
42
43
44 DSH/awi
45 10/4/89
46 CA88-2982
47 Chesap.Res
48
2
- 17 -
Item IV-G.2
CONSENT AGENDA ITEM # 31911
Upon motion by Councilman Baum, seconded by Councilman Voss, City Council
ADOFrED:
Ordinance to AMEND and REORDAIN Section 23-48 of
the Code of the City of Virginia Beach, Virginia,
re open storage of junk.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. BaLim, Vice Wayor Robert E.
Fentress, Harold Heischober, Barbara M. Fienley, Reba
S. McClanan, John D. Mc>ss, Nbncy K. Parker, John L.
Perry and Wlillam D. Sessoms, Jr.
Council Vembers Voting Nay:
None
Council Members Absent:
Mayor Nbyera E. Oberndorf
0 CONTENTS
SIGNATURE
DEPARTMENT
APPROVED AS TO LEGAL
AN ORDINANCE TO AMEND AND
REORDAIN SECTION 23-48 OF THE
CODE OF THE CITY OF VIRGINIA
4 BEACH, VIRGINIA, PERTAINING TO
5 OPEN STORAGE OF JUNK.
6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
7 BEACH, VIRGINIA:
8 That Section 23-48 of the Code of the City of Virginia Beach,
9 Virginia, is hereby amended and reordained to read as follows:
10 Section 23-48. Open storage of rusted, junked, etc., machinery,
11 equipment, etc.
12 (a) It shall be unlawful for any person to place or leave,
13 on any property in the city, any dilapidated furniture, appliance,
14 machinery, equipment, building material or other item, which is
15 either in a wholly or partially rusted, wrecked, junked,
16 dismantled or inoperative condition and which is not completely
17 enclosed within a building of dwe!3:ing. Any such item which
18 remains on the property ef any eeeepa@ for a period of ten (10)
19 days after notice of violation of this section is given to the
20 owner of such property shall be presumed to be abandoned and
21 subject to being removed from the property by the city or its
22 agents without further notice. In the event any such item is so
23 removed, the cost of removal shall be charged to the owner of the
24 property. Any such charge which is not paid within thirty (30)
25 days of the date on which it is billed to the owner shall
26 constitute a lien upon the property and may be collected in any
27 manner provided by law for the collection of taxes.
28 (b) This section shall not apply to any licensed junk
29 dealers or establishments engaged in the repair, rebuilding,
30 reconditioning or salvaging of equipment.
31 (c) A violation of this section shall constitute a Class 1
32 misdemeanor. In addition to any other remedy provided herein, the
33 housing code administrator may institute legal action to enjoin
34 the continuing violation of this section.
35 isions of this section shall not apply to any
36 parce 1 of land qreater than one acre in size which is located in
37 an aqricultural zoninq district and used principally for
38 agricultural or horticultu
39 Adopted by the city Council of the city of Virginia Beach,
40 virginia, on the 23 day of October 1989.
41 wmm/ccm
42 10/10/89
43 CA-89-3502
44 \ordin\proposed\23-048.pro
2
Item IV-G.3
CONSENT AGENDA ITEM # 31912
Upon motion by Councilman Baum, seconded by Councilman Moss, City Council
ADOFrED:
Ordinance to AMEND and REORDAIN Section 23-50.1 of
the Code of the City ot Virginia Beach, Virginia,
re the removal of diseased, etc., trees.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. BaLrn, Vice %yor Robert E.
Fentress, Harold Fleischober, Barbara M. Henley, Reba
S. McCianan, John D. Moss, Nancy K. Parker, John L.
Perry and William D. Sessorns, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
IIGNATURE
I)EPAPTMENT
APPROVED AS TO LEGAL
AN ORDINANCE TO AMEND AND
REORDAIN SECTION 23-50.1 OF THE
3
CODE OF THE CITY OF VIRGINIA
4 BEACH, VIRGINIA, PERTAINING TO
5 THE REMOVAL OF DISEASED, ETC.,
6 TREES.
7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
8 BEACH, VIRGINIA:
9 That Section 23-50.1 of the Code of the City of Virginia
10 Beach, Virginia, is hereby amended and reordained to read as
11 follows:
12 Section 23-50.1. Removal of certain trees.
13 (a) Upon determination by the housing code administrator or
14 the city arborist, or the officers or employees of their
15 respective departments, that there exists upon any land or
16 premises within the city any tree which, by reason of disease,
17 death, injury, infirmity or other condition, presents a danger to
18 property or to the health and safety of persons or other trees or
19 vegetation, notice shall be served upon the owner of such land or
20 premises or his agent or upon the occupant thereof to cause such
21 tree to be removed within a reasonable period of time, not less
22 than seven (7) days nor more than thirty (30) days, specified in
23 such notice. If the danger presented by such tree may be
24 eliminated by the removal of a portion of such tree, the notice
25 shall specify the portion or portions of the tree to be so
26 removed. For purposes of this section, the term "treell shall be
27 construed to include the plural of the term.
28 (b) Service of the notice provided for herein shall be
29 personal service or by certified or registered mail. In the event
30 the land or premises are vacant and the owner thereof or his agent
31 cannot be found by the exercise of due diligence, such notice
32 shall be given by certified or registered mail to the last-known
33 residence or post office box address of the owner and, in addition
34 thereto, shall be posted in a conspicuous place upon the premises.
35 Service of such notice upon one owner or occupant in any manner
36 provided for herein shall be sufficient in the event such land or
37 premises are owned or occupied jointly.
38 (c) Failure to comply with the terms of a notice issued and
39 served as provided in this section within the time prescribed by
40 such notice shall be punishable as a Class 4 misdemeanor, and each
41 day thereafter that the violation continues shall constitute a
42 separate offense. In addition to any fine imposed hereunder, the
43 housing code administrator may, in the name of the city, institute
44 legal action to enjoin the continuing violation of this section
45 and may remove or contract for the removal of any such tree or
46 portion thereof, in which event the cost of such removal shall be
47 charged to the person or persons named in the notice and collected
48 by action at law or as delinquent real estate taxes are collected,
49 or both. The remedies provided for herein shall be cumulative in
50 nature.
51 (d) The provisions of this section shall not apply to any
52 parcel of land greater than one acre in size which is located in
53 an agricultural zoning district and used principally for
54 agricultural or horticultural purposes.
55 Adopted by the City Council of the City of Virginia Beach,
56 Virginia, on the 23 day of October 1989.
57 wmm/ccm
58 CA-89-3503
59 10/10/89
60 \ordin\proposed\23-050-i.pro
2
- 19 -
Item IV-G.4
CONSENT AGENDA ITEM # 31913
Upon motion by Councilman Baum, seconded by Councilman Moss, City Council
ADOFFED, upon SECOND READING:
Ordinance to APPROPRIATE $206,049 to the Department
of General Services for associated costs.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. BaLin, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Wss, @ncy K. Parker, John L.
Perry and William D. Sessorns, Jr.
Council Members Voting Nay:
None
Oouncil Members Absent:
Mayor Meyera E. Oberndorf
I AN ORDINANCE TO AUTHORIZE THE CITY MMAGER TO ENTER
2 INTO A LEASE AG FOR THE WORK E
3 CORRECTION CMQTER ANNEX AND APPROPRIATE $206,049
4 TO THL? DEPARTMENT OF GENERAL SERVICES FOR ASSOCIATED COSTS
5 WHEREAS, the Sherif f and the City have entered into an
6 agreement that the City shall provide a facility to house minimura
7 security irmates and the Sherif f shall pay f or the rent of the
8 facility;
9 the City has negotiated a ten-year lease agreement
10 with the owner of Princess Anne Executive Park for a minimum
11 security facility;
12 the Sheriff agrees to house in the leased facility
13 the Work Release Program inmates, and shall pay over to the City
14 all proceeds collected from the irmates for the cost of their keep;
15 WHEREAS, the Sheriff has further agreed to accept prisoners
16 of the United States goverrment to the degree that the fees paid
17 to the Sheriff for housing of these federal inraates shall meet or
18 exceed the annual rent of the leased facility, and shall pay over
19 to the City all of those collected funds, irrespective of the
20 actual number of housed prisoners;
21 WHEREAS, the first year's cost of the facility including one-
22 time expenditures is estimated at $206,049 funded by increased
23 revenues from the Work Release Program and the Federal Inmate
24 Housing Program.
25 NOW, RE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
26 VIRGINAL BFACH, VIRGINIA, that the City Manager be authorized to
27 enter into a ten-year lease agreement for the Work Release
28 Correction Center Annex at Princess Anne Executive Park consistent
29 with the agreement with the Sheriff;
30 BE IT FURTHER ORDAINED that funds in the amount of $206,049
1 be appropriated to the General Services Department for the first
2 year' s lease payment and one-time construction and equipment costs,
3 with a corresponding increase in estiraated revenues.
34 This ordinance shall be in ef fect from the date of its
35 adoption.
36 Adopted by the Council of the City of Virginia Beach, Virginia
37 on the 23 day of October , 1989.
38 First Reading: October 2. 1989
39 Second Reading: October 23, 1989
AF,'r,'O@IED AS TO
- 20 -
Item IV-G.5
CONSENT AGENDA ITEM # 31914
Upon motion by Councilman Baum, seconded by Councilman MC)SS, City Council
ADOPTED, upon SECOND READING:
Ordinance to APPROPRIATE $512,873 to the Sheriff's
Department for the Work Release Correction Canter
Annex, offset by $475,898 of Increased revenues.
Vot i ng 10-0
Counci I Wmbers Voting Aye:
Albert W. Balko, John A. BaLrn, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. MDss, Nbncy K. Parker, John L.
Perry and William D. Sessoms, Jr.
Council %mbers Voting Nay:
Nc)ne
Council %mbers Absent:
Payor Nbyera E. Oberndorf
1 AN ORDINANCE TO APPROPRIATE $512,873 TO THE SHERIFF'S
2 DEPARTMENT FOR.THE WORK RELEASE CORRECTION CENTER ANNEX
3 OFFSET BY $475,898 OF INCREASED S AND THE TRANSFER OF
4 $36,975 FROM GEN FUND RESERVES, AND TO AUTHORIZE
5\ TWENTY-FIVE ADDITIONAL DEPUTY POSITIONS APPROVED BY THE STATE
6 WHEREAS, the State Compensation Board has authorized twenty-
7 f ive additional deputy positions for the Work Release Correction
8 Center Annex for the Sheriff's Department;
9 WHEREAS, total costs for the facility in salaries, fringe
10 benefits, furniture, medical care, equipment and supplies are
11 $512,873;
12 WHEREAS, of the total $512,873 needed, $371,344 will be funded
13 through salary reimbursements from the Commonwealth, $104,554 from
14 increased revenues from the Work Release Program and Federal Inmate
15 Housing Program, and the transfer of $36,975 from General Fund
16 Reserve for Contingencies;
17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
18 VIRGINIA BFACH, VIRGINIA that twenty-five additional deputy
19 positions granted by the Compensation Board be approved and
20 $512,873 be appropriated to the Sheriff's Department;
21 BE IT FURTHER OPDAINED that estimated revenues from the State
22 in the form of salary reimbursements be increased by $371,344 and
23 the Work Release Program and Federal Inmate Housing Program be
24 increased by $104,554;
25 BE IT FURTHER ORDAINED that funds in the amount of $36,975 be
26 transferred from General Fund Reserves to the Sheriff's Department
27 for the City's portion of fringe benefits for the deputy positions;
28 This ordinance shall be in effect from the date of its
29 adoption.
30 Adopted by the Council of the City of vir a Beach, Virginia
31 on the 23 day of October 1989.
32 First Reading: October 2, 1989
33 Second Reading: October 23, 1989 LEGIAL S@
- 21 -
Item IV-G.6.a.
CONSENT AGENDA ITEM # 31915
Upon motion by Cbuncilman Baum, seconded by Councilman Moss, City Council
ADOPTED:
Ordinance appointing viewers In the petition of:
The Runnymede Corporation for the closure of a
portion of Race Street (Lynnhaven Borough);
Councilwoman fkCIanan, as a part of the record, advised the Viewers to be very
sure the Closure of Race Street does not initiate more traffic on the
residential South Boulevard.
The Viewers are:
David Grochmal Director of General Services
C. Oral Lambert Director of Public Works
Robert Scott Director of Planning
Voting-. 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baun, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Flenley, Reba
S. McC[anan, John D. Nbss, Nancy K. Parker, John L.
Perry and William D. Sessoms, Jr.
Cc)uncil Members Voting Nay:
rbne
Council Vembers Absent:
Mayor Meyera E. Oberndorf
ORDINANCE APPOINTING VIEWERS
WHEREAS, The Runnymede Corporation, has given due and
proper notice, in accordance with the statutes for such cases
made and provided that they will on the 23rd day of October,
1989, apply to the City Council of the City of Virginia Beach,
Virginia, for the appointment of Viewers to view the below-
described property and report in writing to the Council
whether, in the opinion of said Viewers, any, and if any, what
inconvenience would result from the discontinuance of the
hereinafter described portion of that certain street of
variable width, and has filed such application with said
Council.
NOW, THEREFORE, be it ORDAINED by the Council of the City
of Virginia Beach, Virginia:
TIIAT- C. Oral LambLrt, Tr-
Rob,-rt gentt, and
Dayi Grc)chmal are hereby
appointed to view the below described property and report in
writing to the Council, as soon as possible, whether in their
opinion, any, and if any,what inconvenience would result in the
discontinuing and vacating of a portion of that certain street
of variable width located in the City of Virginia Beach,
Virginia, and more particulary described as follows:
Race Street beginning at a point on the Northwest
corner of Race Street and South Boulevard thence
south 88 degrees 14' 00" East G6.07 feet to a point
being the northeast corner of the intersection of
Race Street and South Boulevard thence North 4
degrees 241 13" east 453.69 feet to a point being the
southeast corner of the intersection of Fourth Street
and Race Street thence south 87 degrees 161 52' east
140 feet to a point thence North 4 degrees 24' 13"
east 50.02 feet to a point thence North 87 degrees
16' 52" West 140 feet to a point being the Northeast
corner of the intersection of Race and Fourth Streets
thence North 4 degrees 241 13" East 399.28 feet to a
point thence North 74 degrees 211 07" West 45.50 feet
to a point tbence North 60 degrees 411 43" West 23.57
feet to a point thence South 4 degrees 241 1311 west
420.02 feet to a point being the Northwest corner of
the intersection of Fourth Street and Race Street
thence North 87 degrees 161 521 West 280.00 feet to a
point thence South 4 degrees 241 131 West 50.02 feet
to a point thence South 87 degrees 161 521 east 280
Race and Fourth Streets thence South 4 degrees 24'
13' West 454.79 feet to a point being tbe point of
beginning (Portion to be vacated as designated is
81,191 square feet of Race and Fourth Streets).
All the above as shown upon that certain plat entitled,
"Street Closure of Portions of Race Street and fourth Street"
Virginia Beach, Virginia," which plat is attached hereto and
made a part hereof and intended to be recorded with the
Ordinance closing the aforedescribed street.
Adopted: October 23, 1989
AppRoVED AS T(J
LEGAL SUFFICIENCY
IN THE MATTER OF CLOSIMG, VACATING AND DISCONTINUING
A PORTION OF THAT CERTAIN STREET, KNOWN AS RACE
STREET AND FOURTH STREETS, AS SHOWN UPON THAT CERTAIN
PLAT ENTITLED "STREET CLOSURE OF PORTIONS OF RACE STREET
AND FOURTH STREET' - VIRGINIA BEACH - VIRGINIA BEACH,
VIRGINIA', WHICH PLAT IS ATTACHED HERETO.
PETITION
TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGIMIA
Your Petitioner, The Runnymede Corporation, respectfully
represent as follows:
1. That pursuant to the provisions of Section 15.1-364 of
the 1950 Code of Virginia, as amended, the Petitioner applies
for the vacating, closing, and discontinuance of a portion of
that certain street, which is more specifically described as
follows:
Race Street beginning at a point on the Northwest
corner of Race Street and South Boulevard thence
south 88 degrees 141 00" East 66.07 feet to a point
being the northeast corner of the intersection of
Race Street and South Boulevard thence North 4
degrees 241 13" east 453.69 feet to a point being the
southeast corner of the intersection of Fourth Street
and Race Street thence south 87 degrees 16' 52" east
140 feet to a point thence North 4 degrees 241 13"
east 50.02 feet to a point thence North 87 degrees
161 520 West 140 feet to a point being the Northeast
corner of the intersection of Race and Fourth Stkeets
@thence North 4 degrees 241 13' East 399.28 feet to a
point thence North 74 degrees 211 07' West 45.50 feet
to a point thence North 60 degrees 41' 43" West 23.57
feet to a point thence South 4 degrees 241 13" West
420.02 feet to a point being the Northwest corner of
the intersection of Fourth Street and Race Street
thence North 87 degrees 161 521 West 280.00 feet to a
point thence South 4 degrees 241 13" West 50.02 feet
to a point thence South 87 degrees 16' 52" east 280
feet to a point being the Southwest intersection of
Race and Fourth Streets thence South 4 degrees 241
1311 West 454.79 feet to a point being the point of
beginning (Portion to be vacated as designated is
81,191 square feet of Race and Fourth Streets).
Said parcel of land being a portion of Race Street and
Fourth Street, as indicated on that certain plat entitled
"Street Closure of Portions of Race Street and Fourth Street'
- Virginia Beach, Virginia", which plat is attached hereto and
made a part hereof and intended to be recorded with the
Ordinance closing the aforedescribed street.
2. That no inconvenience will result to any persons by
reason of said closing, vacation, and discontinuance of said
street; and the Petition prays that tbis flonorable Council
appoint viewers as provided by law to view said platted street
proposed to be closed and to report in writing to the Council
on or before tbe 14th day of November, 1989, as to whether in
the opinion of said Viewers, what inconvenience, if any, would
result from the discontinuance and closing of this portion of
said street, as herein reported an described.
3. That on the 21st day of September, 1989 and on the
day of 28th, 1989, notice of the presenting of this application
was published in the Beacon, a newspaper of general circulation
in the City of Virginia Beach, Virginia.
4. That the fee simple owners of all land along and
adjacent to and affected by said portion of the platted street
are your Petitioner herein, The Runnymde Corporation and Jack
Aspinwall, Jack Rabbit Storage, Race Street, Virginia Beach,
Virginia 23451.
Respectfully submitted,
RPORATION
Peter McBride
FINE, FINE, LEGUM & FINE
POST ORFICE BOX 61549
VIRGINIA BEACH, VIRGINIA 23462
(804) 490-4545
NOTICE
PLEASE TAKE NOTICE, that at the meeting of the City
Council of the City of Virginia Beach, Virginia, to be held on
the 23rd day of October, 1989, at 6:00 p.m., at the City Hall
of the City of Virginia Beach, Princess Anne Station, the
undersigned will petition the Council for the appointment of
Viewers to view the below-described portion of that certain
street and report to the City Council whether in the opinion of
the Viewers, what, if any, inconvenience would result from the
vacating, closing and discontinuance of same, the said portion
of said street being described as follows:
Race Street beginning at a point on the Northwest
corner of Race Street and South Boulevard thence
south 88 degrees 141 00' East 66.07 feet to a point
being the northeast corner of the intersection of
Race Street and South Boulevard thence North 4
degrees 241 131 east 453.69 feet to a point being the
southeast corner of the intersection of Fourth Street
and Race Street thence south 87 degrees 161 5211 east
140 feet to a point thence North 4 degrees 241 131
east 50.02 feet to a point thence North 87 degrees
16'.52" West 140 feet to a point being the Northeast
corner of the intersection of Race and Fourth Streets
thence North 4 degrees 241 13' East 399.28 feet to a
point thence North 74 degrees 211 07' West 45.50 feet
to a point thence North 60 degrees 411 43" West 23.57
feet to a point thence South 4 degrees 241 1311 West
420.02 feet to a point being the blorthwest corner of
the intersection of Fourth Street and Race Street
tbence North 87 degrees 161 52" West 280.00 feet to a
point thence South 4 degrees 241 13" West 50.02 feet
to a point thence South 87 degrees 16' 52" east 280
feet to a point being the Southwest intersection of
Race and Fourth Streets thence South 4 degrees 241
13" West 454.79 feet to a point being the point of
beginning (Portion to be vacated as designated is
81,191 square feet of Race and Fourth Streets).
All the above, as shown upon that certain plat entitled
'Plat Showing Street Closure of Portions of Race Street &
Fourth Street' - Virgina Beach Borough - Virginia Beach,
Virginia, made by Miller-Stephenson & Associates, P.C., dated
August 31, 1989.
At that time, anyone affected may appear and present his
views.
LEGAL DESCRIPTION
Race Street beginning at a point on tbe Northwest
corner of Race Street and Soutb Boulevard thence
south 88 degrees 141 0011 East 66.07 feet to a point
being the northeast corner of the intersection of
Race Street and South Boulevard thence North 4
degrees 241 13" east 453.69 feet to a point being the
southeast corner of the intersection of Fourth Street
and Race Street thence south 87 degrees 161 52" east
140 feet to a point thence North 4 degrees 241 13"
east 50.02 feet to a point thence North 87,degrees
161 52' West 140 feet to a point being the Northeast
corner of the intersection of Race and Fourth Streets
thence North 4 degrees 241 131 East 399.28 feet to a
point thence North 74 degrees 211 07" West 45.50
feet to a point thence North 60 degrees 411 431 West
23.57 feet to a point thence South 4 degrees 241 13"
West 420.02 feet to a point being tbe Northwest
corner of the intersection of Fourtb Street and Race
Street thence North 87 degrees 161 52' West 280.00
feet to a point thence Soutb 4 degrees 241 131 West
50.02 feet to a point thence South 87 degrees 161 52"
east 280 feet to a point being the Southwest
intersection of Race and Foutth Streets thence South
4 degrees 241 1311 West 454.79 feet to a point being
the point of beginning (Portion to be vacated as
designated is 81,191 square feet of Race and Fourth
Streets).
After the report of the viewers is received, at the next
regular meeting of the City Council, or as soon thereafter as
the matter may be placed on the agenda, the undersigned will
Petition the City Council to vacate, close and discontinue that
portion of Cypress Road in the City of Virginia Beach,
Virginia, described above.
TIIE RUNNYME-DE CORPORATION
B
Peter McBride, Esq.
FINE, FINE, LEGUM & FINE
Post Office Box 61549
Virginia Beach, Virginia 23462
FINE, rA INE, TEGUM & FINE'
PItOPFSS@O.@l, A@OCIATION
A@ORNEYS A@ L@W ...... .... ... I....
I.I@HONE: 1..11 1.0-@@41 ..... .... .
...... .... 61, ..... ... . ...
@l. N.
CERTIFICATE OF VESTING OF TITLE
I, Peter @IcBride, attorney for The Runnymede
Corporation do hereby certify that:
I am an attorney at law and represent The Runnymede
Corporation, the petitioner.
2. If the property described below is discontinued,
closed and vacated by the Council of the City of Virginia
Beach, then title to said property will vest in.The
Runnymede Corporation, and Jack AsT)inwall, the adjacent
property owners.
The said property referred to herein is hereby described
as follows:
Race Street beginning at a point on the Northwest
corner of Race Street and South Boulevard thence
south 88 degrees 141 00" East 66.07 feet to a point
being the northeast corner of tbe intersection of
Race Street and South Boulevard thence North 4
degrees 241 1311 east 453.69 feet to a point being
the southeast corner of the intersection of Fourth
Street and Race Street thence south 67 degrees 161
52" east 140 foet to a point thence North 4 degrees
241 13" east 50.02 feet to a point thence North 87
degrees 161 52" west 140 feet to a point being the
Northeast corner of the intersection of Race and
Fourth Streets thence North 4 degrees 241 13" East
399.28 feet to a point thence North 74 degrees 211
07" West 45.50 feet to a point thence North 60
degrees 411 4311 West 23.57 feet to a point thence
South 4 degrees 24' 13" West 420.02 feet to a point
being the 14orthwest corner of tlie intersection of
Fourth Street and Race Street thence North 87
degrees 161 5211 West 280.00 feet to a point thence
South 4 degrees 24' 13" west 50.02 feet to a point
thence South 87 degrees 161 521 east 280 feet to a
point being the Southwest intersection of Race and
Fourth Streets thence South 4 degrees 241 13" West
454.79 feet to a point being the point of
beginning (Portion to be vacated as designated is
81,191 square feet of Race and Fourth Street8).
FINE, FINE, LEGUM & FINE
By
Peter McBride
ORDINANCE NO.
IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING
A PORTION OF THAT CERTAIN STREET, KNOWN AS RACE
STREET AND FOURTH STREETS, AS SHOWN UPON THAT CERTAIN
TLED 'STREET CLOSURE OF PORTIONS OF RACE STREET
PLAT ENTI
AND FOURTH STREET' - VIRGINIA BEACH - VIRGINIA BEACH,
VIRGINIA", WHICH PLAT IS ATTACHED HERETO.
WHEREAS, it appearing by affidavit that proper notice has been
given by The Runnymede Corporation, that they would make
application to the Council of the City of Virginia Beach,
Virginia, on November 14, 1989, to have the hereinafter
@escribed street discontinued, closed, and vacated; and
WHEREAS, it is the judgment of the Council that said
street be discontinued, closed, and vacated;
NO@q, THEREFORE,
SECTION I
BE IT ORDAINED by the Council of the City of Virginia
Beach, Virginia, that the hereinafter described street by
discontinued, closed and facated:
Portion to be vacated is designated as 81,191 square
feet of Race and Fourth Streets.
Said parcel of land designated as 'Street Closure of
Portions of Race Street and Fourth Street" - Virginia Beach
Virginia, Virginia', as indicated on that certain plat of
property in Virginia Beach, virginia, which plat is to be
recorded in the Clerk's Office of the Circuit Court of the City
of Virginia Beach, Virginia, upon adoption of this ordinance,
and is made a part hereof by reference.
SECTION II
A certified copy of this Ordinance shall be filed in the
Clerk's Office of the Circuit Court of the City of Virginia
Beach, Virginia, and indexed in the name of the City of
Virginia Beach as Grantor.
Adopted:
GPIN #1487-52-7531
Stcite of,,Virginia AFFIDAVIT
City of Norfolk
personally
This day
appeared before me and after b.eing duly sworn made octh that:
(1) (He) (She) is affidc,,it clerk of k Communications, Inc., in the cities of Norfolk, Portsmouth
a newspaper published by Landmar
Chesapeake, Stiffolk and Virginia Beach, State of Virginia;
(2) That the. advertisement hereto onnexed of CE STREE
in said
newspaper on the following d
Subscribed and sworn to before me in my city and state aforesaid this 3rd
day of
My commission expires
19
Notary Public
NOTFC@:
PLEASE T KE NOTICE, W, t
c@
Vi,
@c.
hi.
tle,
V14 19@4
37
:3,.Zg.91.19 s
A..ZI,91.Lg S
- 22 -
Itetn IV-G.6.b.
CONSENT AGENDA ITEM # 31916
Upon motion by Counci Iman Baum, seconded by C)ounci Iman Moss, City Counci I
ADOFITED:
Ordinance appointing viewers In the petition of:
Vintage Investment Corporation for the closure of a
portion of Cypress Road (Virginia Beach Borough).
The Viewers are:
David Grochmal Director of General Services
C. Oral Lambert Director of Public Works
Robert Scott Director of Plannfng
Vot I ng 10-0
Council Members Voting Aye:
Albert W. Balko, John A. BaLtn, Vice Wayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Nbncy K. Parker, John L.
Perry and William D. Sessoms, Jr.
Council Vembers Voting Nay:
None
Council Members Absent:
Nbyor Wyera E. Oberndorf
ORDINANCE APPOINTING VIEWERS
WHEREAS, Vintage Investment Corporation, has given due and
proper notice, in accordance with the statutes for such caseb
made and provided that they will on the 23rd day of October,
1989, apply to the City Council of the City of Virginia Beach,
Virginia, for the appointment of Viewers to view the below-
described property and report in writing to the Council
whether, in the opinion of said Viewers, any, and if any, what
inconvenience would result from the discontinuance of the
hereinafter described portion of that certain street of
variable width, and has filed such application with said
Council.
NOW, THEREFORE, be it ORDAINED by the Council of the City
of Virginia Beach, Virginia:
THAT C. Oral Lambert, Jr.
Robert Scott and
David Grochmal are hereby
appointed to view the below described property and report in
writing to the Council, as soon as possible, whether in their
opinion, any, and if any,what inconvenience would result in the
discontinuing and vacating of a portion of that certain street
of variable width located in the City of Virginia Beach,
Virginia, and more particulary described as follows:
Cypress Road beginning at a point on the South Side
of 21st Street 91.17 feet west of the southwest
corner of the intersection of 21st Street and Cypr'ess
Avenue thence South 83 degrees 38' 29" West a
distance of 32.70 feet to a point on the Southern
side of 21st Street thence South 26 degrees 201 00"
East a distance of 287.06 feet to a point thence
North 62 degrees 55' 08" East a distance of 28.76
feet to a point on the West side of Cypress Avenue
thence North 25 degrees 551 191 West a distance of
275.52 feet to a point on the South side of 21st
Street to point of beginning (Portion to be vacated
is designated is 8371.84 square feet of Cypress
Road).
All the above as shown upon that certain plat entitled,
"Street Closure Plat of Portion of Cypress Road - 30' Rigbt of
Way' as shown on 'Cypress Terrace' - Virginia Beach Borough -
Virginia Beach, virginia, which plat is attached hereto and
made a part hereof and intended to be recorded with the
ordinance closing the aforedescribed street.
Adopted: October 23, 1989
APPROVED AS TO
LEGAL SUFFICIENCY
NOTICE
PLEASE TAKE NOTICE, that at the meeting of the City
Council of the City ot Virginia Beach, Virginia, to be held on
the 23rd day of October, 1989, at 6:00 p.m., at the City Hall
of the City of Virginia Beach, Princess Anne Station, the
undersigned will petition the Council for the appointment of
-described portion of that certain
Viewers to view the below
street and report to the City Council whether in the opinion of
the Viewers, what, if any, inconvenience would result from the
vacating, closing and discontinuance of same, the said portion
of said street being described as follows:
Cypress Road beginning at a point on the South Side
of 21st Street 91.17 feet west of the southwest
corner of the intersection of 21st Street and Cypress
Avenue thence South 83 degrees 381 29" West a
distance of 32.70 feet to a point on the Southern
side of 21st Street thence South 26 degrees 201 00"
East a distance of 287.06 feet to a point thence
North 62 degrees 551 081 East a distance of 28.76
feet to a point on the West side of Cypress Avenue
thence North 25 degrees 551 19" West a distance of
275.52 feet to a point on the South side of 21st
Street to point of beginning (Portion to be vacated
is designated is 8371.84 square feet of Cypress
Road).
All the above, as shown upon that certain plat entitled
'Street Closure Plat of Portion of Cypress Road - 301 Right of
Way' as shown on 'Cypress Terrace' - Virgina Beach Borough -
Virginia Beach, Virginia, made by Gallup Surveyors & Engineers,
Ltd., dated July 17, 1989.
At that time, anyone affected may appear and present his
views.
After the report of the viewers is received, at the next
regular meeting of the City Council, or as soon thereafter as
the matter may be placed on the agenda, the undersigned will
Petition the City Council to vacate, close and discontinue that
portion of Cypress Road in the City of Virginia Beach,
Virginia, described above.
VINTAGE INVESTMENT CORPORATION
B" I/
-@f co-un-se'r -
Peter McBride, Esq.
FINE, FINE, LEGUM & FINE
Post Office Box 61549
Virginia Beach, Virginia 23462
i
I
I
I
IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING
A PORTION OF THAT CERTAIN STREET, XNOWN AS CYPRESS
ROAD, AS SHOWN UPON THAT CERTAIN PLAT ENTITLED
'STREET CLOSURE PLAT OF PORTION OF CYPRESS ROAD
- 30' RIGHT OF WAY' AS SHOWN ON 'CYPRESS TERRACE'
- VIRGINIA BEACH BOROUGH - VIRGINIA BEACH,
VIRGINIA', WHICH PLAT IS ATTACHED HERETO.
PETITION
TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA
Your Petitioner, Vintage Investment Corporation,
respectfully represent as follows:
1. That pursuant to the provisions of Section 15.1-364 of
the 1950 Code of Virginia, as amended, the Petitioner applies
for the vacating, closing, and discontinuance of a portion of
that certain street, which is more specifically described as
follows:
Cypress Road beginning at a point on the South Side
of 21st Street 91.17 feet west of the southwest
corner of the intersection of 21st Street and Cypress
Avenue thence South 83 degrees 381 29" West a
distance of 32.70 feet to a point on the Southern
side of 21st Street thence South 26 de@rees 201 00"
East a distance of 287.06 feet to a point thence
North 62 degrees 551 081 East a distance of 28.76
feet to a point on the West side of Cypress Avenue
thence North 25 degrees 551 191 West a distance of
275.52 feet to a point on the South side of 21st
Street to poirit of beginning (Portion to be vacated
is designated is 8371.84 square feet of Cypress
Road).
Said parcel of land being a portion of Cypress Roael, as
indicated on that certain plat entitlea 'Street Closure Plat of
Portion of Cypress Road - 301 right of way' as shown o.n
"Cypress Terrace"- Virginia Beach Borough - Virginia Beach,
Virginia", which plat is attached hereto and made a part hereof
and intended to be recorded with the Ordinance closing the
aforedescribed street.
2. That no inconvenience will result to any persons by
reason of said closing, vacation, and discontinuance of said
street; and the Petition prays that this Honorable Council
appoint viewers as provided by law to view said platted street
proposed to be closed and to report in writing to the Council
on or before the 14th day of November, 1989, as to whether in
the opinion of said Viewers, what inconvenience, if any, would
result from the discontinuance and closing of this portion of
said street, as herein reported an described.
3. That on the 21st day of September, 1989 and on the
day of 28th, 1989, notice of the presenting of this application
was published in the Beacon, a newspaper of general circulation
in the City of Virginia Beach, Virginia.
4. That tbe fee simple owners of all land along and
adjacent to and affected by said portion of the platted street
are your Petitioner herein, Vintage Investment Corporation,
and Pavilion Associates, L.P., 21st Street and Park Avc!rluer
Virginia Beach, Virginia 23451.
Respectfully submitted,
STMENT CORPORATION
Bv
Peter McBride
FINE, FINE, LEGUM & FINE
POST OFFICE BOX 61549
VIRGINIA BEACH, VIRGINIA 23462
(804) 490-4545
ORDINANCE NO.
IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING
A PORTION OF THAT CERTAIN STREET OF VARIABLE WIDTH,
KNOWN AS CYPRESS ROAD, AS SHOWN UPON THAT CERTAIN PLAT
ENTITLED "STREET CLOSURE PLAT OF PORTION OF CYPRESS ROAD 301
RIGHT OF WAY' AS SHOWN ON 'CYPRESS TERRACE'
VIRGINIA BEACH BOROUGH - VIRGINIA BEACH,
VIRGINIA', WHICH PLAT IS ATTACHED HERETO.
ice has been
WHEREAS, it appearing'by affidavit tbat proper not
given by Vintage Investment Corporation, that they would make
application to the Council of the City of Virginia Beach,
Virginia, on November 14, 1989, to have the hereinafter
described street discontinued, closed, and vacated; and
WHEREAS, it is the judgment of the Council that said
street be discontinued, closed, and vacated;
NOW, THEREFBRE,
SECTION I
BE IT ORDAINED by the Council of the City of Virginia
Beach, Virginia, that the hereinafter described street by
discontinued, closed and facated:
Portion to be vacated is designated as 8371.84 square
feet of Cypress Road.
Said parcel of land designated as "Street Closure Plat of
Portion of Cypress Road - 30' right of way" as shown on
'Cypress Terrace' - Virginia Beach Borough - Virginia Beach,
Virginia", as indicated on that certain plat of property in
Virginia Beach, Virginia, which plat is to be recorded iTi the
Clerk's Office of the Circuit Court of the City of Virginia
Beach, Virginia, upon adoption of this ordinance, and is made a
part hereof by reference.
SECTION II
A certified copy of this Ordinance shall be filed in the
Clerk's Office 6f the Circuit court of the City of Virginia
Beach, Virginia, and indexed in the name of the City Of.
Virginia Beach as Grantor.
Adopted:
GPIN #2417-87-9792
I
I
FINE, FINE', LEGUM & FINE
@.O@@STONAL @S@IATION
A@OU@-S AT @W .........
IEL"HONE: I ... 11.0..Il. ...... .... . ........
1..11 61 1 .8391 .. . ...
1. L. .......
CERTIFICATE OF VESTING OF TITLE
I, Peter McBride, attorney for Vintage Investment
Corporation do hereby certify that:
1. I am an attorney at law and represent Vintage
Investment Corporation, the petitioner.
2. If the property described below is discontinued,
closed and vacated by tbe Council of the City of Virginia
Beacb, then title to said property will vest in Vintage
Investment Corpora l@n, and Pavillion AssociatgLs, L.P., the
adjacent property owners or holder of the underlying fee in
said property.
The said property referred to herein is hereby described
as follows:
Cypress Road beginning at a point on the South Side
of 21st Street 91.17 feet west of the southwest
corner of the intersection of 21st Street and
Cypress Avenue thence South 83 degrees 381 29" West
a distance of 32.70 feet to a point on the Southern
side of 21st Street thence South 26 degrees 201 00"
East a distance of 287.06 feet to a point thence
North 62 degrees 551 08' East a distance of 28.76
feet to a point on the West side of Cypress Avenue
thence North 25 degrees 551 191 West a distance of
275.52 feet to a point on the South side of 21st
Street to point of beginning (Portion to be vacated
is designated is 8371.84 square feet of Cypress
Road).
FINE, FINE, LEGUM & FINE
E
@Pe@'McBr-ide
VINTAGE INVESTMENT CORPORATION
Bv -
Peter McBride, Esq. 17 --@f Cou-ns-eY-
FINE, FINE, LEGUM & FINE
Post Office Box 61549
Virginia Beach, Virginia 23462
State of Virginia to-.it: AFFIDAVIT
City of Norfolk
This day MARCIA WUNDERLE personally
appeared before me and after being duly sworn made ooth that:
(1) (He) (She) is affidavit clerk 'of THE VIRGINIAN PILOT AND LEDGER STAR
a newspaper published by Landmark Communications, Inc., in the cities of Norfolk, Portsmouth,
Chesapeake, SLiffolk and Virginia Beach, State of Virginia;
(2) That th@ advertisement hereto annexed of STREET CLOSE/CYPRESS
-- has been published in said
newspaper cn the following dates: 9.@ 92
19 so
Aff ia@t
Subscribed and sworn to before me in my city and state aforesaid this 3rd
day of OCTOBER 19 89
My commission expires
MY Commission Expi,es May 2C). 1991- i 9
Notary Public
CYPRESS AVENUE (60'RIW)
S 06- 35' 54" C
260. 00'
LO
cn
91
03 r
;kz
rn
rn
- 23 -
Item IV-H.1/2.
PUBLIC HEARING
PLANNING ITEM # 31917
Vice Mayor Robert E. Fentress DECLARED a PUBLIC HEARING on:
PLANNING
1. PIANNING - RECONSIDERATION
(a) LOUIS R. JONES CONDITIONS IN RONALD L. AND
HOLLY COZ (1/27/86)
2. PLANNING
(a) HOLLOMON-BROWN FUNERAL HOME, CHANGE OF ZONING DISTRICT
BAYSIDE CHAPEL, INC./LOUIS R. JONES CLASSIFICATION
(b) CHESAPEAKE AND POTOMAC TELEPHONE STREET CLOSURE
COMPANY OF VIRGINIA,INC.
(c) DOMINION BUILDING CORPORATION STREET CLOSURE
(d) THE PRESBYTERIAN LEAGUE CONDITIONAL USE PERMIT
OF NORFOLK PRESBYTERY, INC.
(e) AUTO SUNROOF AND ACCESSORIES, INC. CONDITIONAL USE PERMIT
(f) TRAVIS W. HALSTEAD, JR. & CONDITIONAL USE PERMIT
CYD L. HALSTEAD
(g) RIVERSIDE INVESTMENT ASSOCIATES, INC. CONDITIONAL USE PERMIT
(h) TIDEWATER WESTMINSTER HOMES, INC. CONDITIONAL USE PERMIT
(i) RICHARD G. AND TRACEY L. GARNER CONDITIONAL USE PERMIT
(j) PACE HOMES, INCORPORATED CONDITIONAL ZONING
CLASSIFICATION
(k) BOY SCOUTS OF AMERICA AND CHANGE OF ZONING DISTRICR
MOORE FARM ASSOCIATES CLASSIFICATION
(1) CITY ZONING ORDINANCE AMEND:
Article 1, Section 106
(rehearings of variance
applications)
Section 214
(sign height, setback
and landscaping)
(m) SITE PLAN ORDINANCE AMEND:
Section 7
(variances and appeals
related to waiver
requests)
- 24 -
Item IV-H.I.a.
PUBLIC HEARING
PLANNING ITEM # 31918
Attorney James M. Pickreli, 300 Bank of the Commonwealth Building, Phone: 672-
8365, represented the applicant
Honorable Louis R. Jones, the applicant.
Upon motion by Councilwoman McClanan, seconded by Councilman Baum, City Council
WAIVED Condition Number 5 to DELETE the requirement of a 75 foot buffer area in
the Request of LOUIS R. JONES for reconsideration of conditions in the January
27, 1986, approved application of Ronald L. and Holly Hall for a Change of
Zoninp District Classification from R-3 Residential District to 0-1 Office
District.
ORDINANCE UPON APPLICATION OF RONALD L. AND HOLLY
HALL FOR A CHANGE OF ZONING FRO@F R-3 TO 0-1
Z01861057
Ordinance upon application of Ronald L. and Holly
Hall for a Change of Zoning District Classification
from R-3 Residential District to 0-1 Office
District on certain property located at the
southeast corner of General Booth Boulevard and
Princess Anne Road and shown as "Residue Acreage"
on that certain plat recorded in Map Book 168, Page
51, in the Clerk's Office of the Circuit Court.
Said parcel contains 3.25 acres. PRINCESS ANNE
BOROUGH.
The approved application was subject to the following conditions:
1. Development shall be in compliance with the Nimmo
Church Historical-Cultural District.
2. Any development of the site shall be subject to
review by the Historical Review Board.
3. Structural height shall be limited to two (2)
stories plus dormer.
4. Landscaping of the site shall exceed n
@,teit the City ordinances.
ftmt!eytl
@i@.tt b@
The 75-foot buffer shall be incorporated into the development proposed for
property adjacent to the west.
- 25 -
Item IV-H.l.a.
PUBLIC HEARING
PLANNING ITEM # 31918 (Continued)
Voting: 10-0
Council Vembers Voting Aye:
Albert W. Balko, John A. Baun, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. WClanan, John D. Moss, Nancy K. Parker, John L.
Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Mayor %yera E. Oberndorf
Item IV-H.l.a. and IV-H.2.a were voted upon together.
- 26 -
Item IV-H.2.a.
PUBLIC HEARING
PLANNING ITEM # 31919
Attorney James M. Pickrell, 300 Bank of the Comonwealth Building, Phone: 672-
8365, represented the applicant
Honorable Louis R. Jones, the applicant.
Upon motion by Councilwoman McClanan, seconded by Councilman Baum, City Council
ADOPTED an Ordinance upon application of HOLLOMAN-BROWN FUNERAL HOME, BAYSIDE
CHAPEL., INC./LOUIS R. JONES for a Change of Zoning:
ORDINANCE UPON APPLICATION OF HOLLOMAN-BROWN
FUNERAL HOME, BAYSIDE CHAPEL, INC./LOUIS R. JONES
FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM
R-20 TO 0-2 Z010891266
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Holloman-Brown
Funeral Home, Bayside Chapel, Inc./Louis R. Jones
for a Change of Zoning District 0-lassification from
R-20 Residential District to 0-2 Office District on
certain property located on the south side of
General Booth Boulevard, 280 feet more or less east
of Princess Anne Road. Said parcel contains 34,848
square feet. More detailed information is available
in the Department of Planning. PRINCESS ANNE
BOROUGH
The following conditions shall be required:
1. Development of this parcel must be in accordance
with conditions No. I through 4, as attached to the
rezoning of the adjoining parcel on January 27,
1986.
2. The City Zoning Ordinance requires a 20-foot buffer
and Category IV screening between the office site
and the Nimmo United Methodist Church site. Within
the required 20-foot yard, existing trees shall be
preserved in accordance with Protecting Trees on
Development Sites available in the Planning
Department and the Landscape Services Division.
3. A final plat vacating the interior lot line shall
be recorded with the Clerk of Circuit Court.
4. Turn lanes shall be determined at Site Plan review.
5. Landscaping shall exceed the present City ordinance.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-
third of October, Nineteen Hundred and Eighty-nine,
- 27 -
Item 111-H.2.a.
PUBLIC HEARING
PLANNING ITEM # 31919 (Continued)
Voting: 10-0
Council Nbmbers Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Hanley, Reba
S. McClanan, John D. Moss, Nlancy K. Parker, John L.
Perry and William 0. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent;
Mayor Meyera E. Oberndorf
Item IV-H.l.a. and IV-H.2.a were voted upon together.
- 28 -
Item IV-H.2. b.
PUBLIC HEARING
PLANNING ITEM # 31920
Delegate Glenn Croshaw, Phone: 490-6000, represented the applicant
Upon motion by Councilman Heischober, seconded by Councilwoman Parker, City
Council AUTHORIZED FINAL APPROVAL of an Ordinance upon applicatlon of
CHESAPEAKE & POTOMAC TELEPtiONE COMPANY OF VIRGINIA, INC. for the
discontinuance, closure and abandonment of a portion of Holly Avenue.
Application of Chesapeake & Potomac Telephone
Cornpany of Virginia, Inc., for the discontinuance,
closure and abandonment of a portion of Holly
Avenue beginning at the western boundary of North
Great Neck Road and running easterly a distance of
150.47 feet. Said parcel contalns 3773.78 square
feet. More detailed information Is available In the
Department of Planning. LYNNHAVEN BOROUGH.
Voting: 9-0
Council Members Voting Aye:
John A. BaLn, Vice Veyor Robert E. Fentress, Harold
Heischober, Barbara M. @nley, Reba S. McClanan,
John D. MDss, Nancy K. Parker, John L. Perry and
William D. Sessoms, Jr.
Council %mbers Voting Nay;
tbne
Council Members Abstaining:
Albert W. Balko
Council I&mbers Absent:
Veyor Meyera E. Oberndorf
*C<)uncilman Balko ABSTAINED as he is retired from the Chesapeake & Potomac
Telephone Company
ORDINANCE NO.
IN THE MATTER OF THE CLOSING, VACATING
AND DISCONTINUING A PORTION OF TRAT CERTAIN
STREET KNOWN AS HOLLY AVENUE, AS SHOWN
UPON THAT CERTAIN PLAT ENTITLED "25
FOOT STRIP ADJACENT TO LOT 12 BLOCK O"
AS SHOWN AS HOLLY AVENUE ON THE AMENDED
MAP OF PROPERTY OF LYNNHAVEN BEACH AND PARK
CO., XAP BOOK 3, PAGE 71, LYNNHAVEN
BOROUGH, VIRGINIA BEACH, VIRGINIA.
WHEREAS, it appearing by affidavit that proper notice
has been given by Chesapeake & Potomac Telephone Company of
Virginia, Inc., that it would make application to the Council
of the City of Virginia Beach, Virginia, on the _day of
1 1988, to have the hereinafter described street
discontinued, closed, and vacated; and
WHEREAS, it is the judgment of the Council that said
street be discontinued, closed, and vacated;
NOW, THEREFORE,
SECTION 1
BE IT ORDAINED by the Council of the City of Virginia
Beach, Virginia, that the hereinafter described street be
discontinuted, closed, and vacated:
ALL that certain parcel of land located im-
mediately north of the old Norfolk and
Southern Railroad right of way and immediately
west of Gteat Neck Road and immediately south
of lot 12 in Block 0 and immediately east of
the southerly prolongation of the line
separating the aforesaid lot 12 in Block 0
from lot 11 in Block 0 as shown on the amended
map of "Property of Lynnhaven Beach and Park
Co.," which map is recorded in the Office of
the Clerk of the Circuit Court of the City of
Virginia Beach, Virginia, in Map Book 5 at
page 71, and with reference to the
abovedescribed amended map of "Property of
Lynnhaven Beach and Park Co.," being more
IN 1590-20-8096
particularly bounded and described as follows:
Beginning at the southeast corner of the
above-described lot 12 in Block 0 as shown on
the aforesaid amended map of "Property of the
Lynnhaven Beach and Park Co.,,, and from said
point of beginning running thence south 05
degrees 21 rainutes east along the west right
of way line of the aforesaid Great Neck Road,
a distance of 25.08 feet to a point located in
the aforesaid west right of way line of Great
Neck Road and which point is also located in
the north boundary line of the old Norfolk and
Southern Railroad right of way; thence turning
and running south 80 deg@ees 05 minutes west,
along the north boundary line of the aforesaid
Old Norfolk and Southern Railroad right of way
a distance of 150.47 feet to a point located
in the north boundary line of the aforesaid
old Norfolk and Southern Railroad righ:t of
way; thence turning and running north 05
degrees 21 minutes west a distance of 25.08
feet to a point which constitutes the
southwest corner of the aforesaid lot 12 in
Block 0; thence turning and running north 80
degrees 05 minutes east, along the
abovedescribed southern boundary line of lot
12 in Block 0, a distance of 150.47 feet to
the point and place of beginning of this
description.
SAVE AND EXCEPT the Chesapeake and Potomac
Telephone Company easement, the Virginia Power
Company easement and the 10 foot private
utility easement granted to Lot 12, all as
shown on the plat and physical survey entitled
11251 Strip Adjacent to Lot 12 Block 0 shown as
Holly Avenue on the Amended Map of Property of
Lynnhaven Beach & Park Co., Lynnhaven Borough,
Virginia Beach, Virginia,,, Scale 1,, = 30 feet
dated April 12, 1989, which plat is attached
hereto and incorporated herein by reference;
and
SAVE AND EXCEPT that certain 7 foot utility
easement to be dedicated to the City of
Virginia Beach (1,053.29 sq. ft.) as shown on
the plat entitled "Utility Easement Dedication
Plat, Property of Karen Maacks DB 2732 p.
1079, Lynnhaven Borough, Virginia Beach,
Virginia, Scale 1" = 20 feet dated June 15,
1989", which plat is also attached hereto and
incorporated herein by reference.
-2-
All of the above described po@tion of Holly
Avenue, which is shown on the two plats
described hereinabove, is also shown on the
map entitled "Amended Map of Property of
Lynnhaven Beach Park Co., Lynnhaven Borough,
Virginia Beach., Virginia", Scale 111 100
feet, dated 1913", which Amended map is also
made a part hereof by reference.
SECTION II
A certified copy of this Ordinance shall be filed in
the Office of the Circuit Court of the City of vi.,rginia Beach,
i.ndexed in the name of the City of Virginia Beach, as grantor.
SECTION III
As a condition of closure of this right-of-way, it is
understood and agreed that this property shall be utilized only
as a Chesapeake & Potomac Telephone Company of Virginia, Inc.,
switching station and no other use shall be allowed for the
parcel at any time subsequent to the enactment of this
6rdinance.
grc/docs/c&p
FINAL APPROVAL: October 23, 1989
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THIS DEED OF EASEMENT, made this 7th day of August, 1989,
by and between Karen W. Maacks, feme sole, party of the first
ipart, and the CITY OF VIRGINIA BEACH, a municipal corporation in
!the Co-onwealth of Virginia, party of the second part:
I WITNESSETH: That for and in consideration of the premises
land the benefits accruing or to accrue to the party of the first
Ipart, and other good and valuable consideration, the party of the
I
,@first part does hereby grant and convey or release with GENERAL
,,IIARRANTY her respective intere@t, in and to the hereinafter
i'described perpetual right of way and easement, to the party of
he second part, and/or its successors and assigns, to construct,
,reconstruct, alter, operate and maintain a 15 inch sanitary sewer
i
!line, under, upon and across lands and property of the party of
the first part, including the right of ingress and egress to the
isame, described as follows:
All of that certain 7 foot utility easement located
on what was a part_ of I-Iolly Avenue (see amended map
of Property of Lynnhaven Beach & Park Co., Lynnhaven
Borough, Virginia Beach, Virginia, Scale 1" = 100 feet,
dated 1913 and recorded in the Office of the Clerk of
the Circuit Court of the City of Virginia Beach, Virginia
in Map Book 5 at page 71) in the Lynnhaven Beach & Park
Co. area of Lynnhaven Borough in the City of Virginia
Beach, Virginia and being shown as 7' Utility Easement
to be Dedicated to the City of Va. Beach (1,053.29 sq.
ft.) on that certain plat entitled "Utility Easement
Dedication Plat, Property of Karen Maacks, DB 2732
p. 1079, Lynnhaven Borough, Virginia Beach, virginia,
Scale 1" = 20' dated June 15, 1989, a copy of which
is attached hereto and incorporated herein by reference.
The portion of Holly Avenue aforesaid which is crossed
by the abovedescribed 7 foot utility easement as shown
on the above described plat is described as follows:
All of that certain parcel of land located immediately
north of the old Norfolk and Southern Railroad right
of way and immediately west of Great Neck Road and
immediately south of lot 12 in Block 0 and immediately
east of the southerly prolongation of the line separating
the aforesaid lot 12 in Block 0 from lot 11 in Block 0
as shown on the amended map of "Property of Lynnhaven
Beach and Park Co.," which map is recorded in the Office
of the Clerk of the Circuit Court of the City of Virginia
Beach, Virginia, in Map Book 5 at page 71, and with
reference to the abovedescribed amended map of "Property
of Lynnhaven Beach and Park Co.," being more particularly
bounded and described as follows: Beginning at the south-
east corner of the abovedescribed lot 12 in Block 0 as
shown on the aforesaid amended map of "Property of the
Lynnhaven Beach and Park Co.," ang from said point of
beginning running thence south 05 21', along the west
right of way line of the aforesaid Great Neck Road,
a distance of 25.08 feet to a point located in the afore-
said west right of way line of Great Neck Road and
which point is also located in the north boundary line
of the old Norfolk and Southern Railroad right of way;
thence turning and running south 800 051 west, along the
north boundary line of the aforesaid Norfolk and Southern
Railroad right of way a distance of 150.47 feet to a
point located in the north boundary line of the afore-
said old Norfolk and Southern Railroad right of way;
thence turning and running north 050 21' west a distance
of 25.08 feet to a point which constitutes the southwest
corner of the aforesaid lot 12 in Block 0; thence turning
and running north 800 05' east, along the abovedescribed
southern boundary line of lot 12 in Block O,, a distance
of 150.47 feet to the point and place of beginning of
this description.
It being a part of the same property acquired by the party
of the first part from Cobo Corporation, a Virginia
@orporation by deed dated May 9th, 1988 and recorded
in deed book 2732 at page 1079 in the Office of the
Clerk of the Circuit Court of the City of Virginia Beach,
Virginia.
It is agreed between the parties hereto that the party of the
Isecond part and its agents, assigns, and/or successors shall
have the right to inspect the said easement and to cut and clean
all undergrowth and other obstructions in and along the said
foot easement or adjacent thereto that may in any way endanger
or interfere with the proper use of same.
The said party of the first part covenants that she is seized
n fee simple of the said property; that she has the right to
convey the abovedescribed easement unto the said party of the
I
Isecond part; that the party of the second part shall have quiet
and peaceable possession of the same, free from all encumbrances;
@nd that the party of the first part will execute such further
I
assurances of title as may be requisite.
The party of the first part agrees that the said party of
@he second part shall not be liable for any maintenance work
whatsoever to the areas encompassed in the abovedescribed easement
I
bxcept if said party of the second part is required to perform
i
@xcavation within the easement in order to effectuate maintenance
I
and/or repair of the 15 inch sanitary sewer line that is dedicated
2
to the City. All other maintenance of the land encompassed by
these easements shall be done by the party of the first part
and the City shall have no duty or liability to perform any
routine maintenance work in this easement other than that work
which arises out of maintaining and/or repairing the abovedescribed
15 inch sanitary sewer line.
The Owner agrees that when requested by the City, she shall
remove any fence(s), structure(s), landscaping or vehicle parking
within 48 hours of receipt of written notice requesting such
emoval. Except that in an emergency; or fail ur@ to remove after
ritten notice; party of the second part will remove, or have
@emoved by others, any impediment to access, maintenance or
ILperation and party of first part agrees that she is responsible
'tor replacement of said fence(s), structure(s), landscaping or
vehicle parking at her sole expense.
The party of the first part c6venants and agrees for herself, 1
aer heirs, assigns and successors, that the consideration afore-
@imentioned shall be in lieu of any and all claims of compensation
C@land damages by reason of the location, construction, reconstruction,
alteration or maintenance of said facility.
WITNESS the following signature and seal:
@on (7@@,S (SEAL)
Karen W. Maacks, femb sole
STATE OF FLORIDA
I
CITY OFPC@HJS@ (-obA to-wit:
I, DL-@12A 0 AILC:Y a notary public in
said for the city and state aforesaid, do hereby certify that
Karen W. Maacks, feme sole, whose name is signed to the foregoing
qriting, bearing date the 7th day of August, 1989, has acknowledged
same before me in my city and state aforesaid.
Given under my hand this (Of@ day of AQC?UC.T- 19 wi
Notary Pub@ ic
Commission Expires: tIL)CA@@'(PU'LIC, 'rF. OF rLOPII)4"
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- 29 -
Item IV-H.2.c.
PUBLIC HEARING
PLANNING ITEM # 31921
Attorney R. J. Nutter, II, 1613 Cutty Sark Road, Phone: 431-3100, represented
the applicant and requested an additional one year deferral. A plat has been
recorded dedicating a new alignment for Dwyer Road. Construction of this road
is not yet complete. The construction of an alternate Dwyer Road will require
more time than a typical condition of street closure.
Upon motion by Councilwoman McClanan, seconded by Councilman Perry, City
Council GRANTED one (1) year additional DEFERRAL for compliance in the Petition
of DOMINION BUILJ)ING CORPORATION for the discontinuance, closure and
abandonment of a portion of Dwyer Road.
Application of Dominion Building Corporation for
the discontinuance, closure and abandonment of a
portion of Dwyer Road beginning at a point 455.5
feet southwest of the intersection with Dam Neck
Road and running in a westerly direction a distance
of 2782.7 feet. Said street is 40 feet in width and
contains 2.553 acres. PRINCESS ANNE BOROUGH.
Voting: 9-1
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, Nancy K. Parker, John L. Perry" and
William D. Sessoms, Jr.
Council Members Voting Nay:
John D. Moss
Council Members Absent:
Mayor Meyera E. Oberndorf
"Verbal Aye
Councilman Moss advised even though he agreed to the DEFERRAL, his negative
vote reflects his continued opposition to the WAIVER of the right to have to
purchase the property.
Councilwoman McClanan and Councilwoman Parker advised they concurred with
Councilman Moss in his opposition to the WAIVER but agreed to the DEFERRAL.
- 30 -
Item IV-H.2.d.
PUBLIC HEARING
PLANNING ITEM # 31922
Attorney Peter W. Smith, of the firm of Stackhouse, Rowe and Srnlth represented
the app I I cant, Phone : 623-3 555
Upon motion by Councilwoman VcClanan, seconded by Councilman BaLn, City Cbuncif
ADOPTED an Ordinance upon application of THE PRESBYTERIAN LEAGUE OF NORFOLK
PRESBYTERY, INC. for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF THE PRESBYTERIAN
LEAGUE OF NORFOLK PRESBYTERY, INC. FOR A
CONDITIONAL USE PERMIT FOR A CHURCH RO]0891252
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
The Presbyterian League of Norfolk Presbytery,
Inc., has applied for a C<)nditional Use Permit for
a ch urch on certain property located at the
northwest corner of Princess Anne RDad and
Crossroad Trai I . The parcel contains 4.258 acres.
More detailed information Is available in the
Department of Planning. PRINCESS ANNE BOROUGH.
The following conditions shall be required:
1. A turn lane must be provided into the site via
Princess Anne Road.
2. A no ingress/egress easement must be platted along
the frontage of Lot 66 as it adjoins Crossroads
Trail.
3. Category I landscaping must be Installed between
the parking area and the adjoining residential
properties.
4. The interior property line must be vacated.
5. Submission of a Landscaping Plan to be approved by
City staff and Councilwoman Reba S. McCianan.
6. The utilization of best management practices for
controlling stortnwater runoff which are reasonably
appllcable to the development of the site and In
keeping with the recommendations for the proposed
Back Bay/North Landlng River Management District.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-
third of October, Nlneteen Hundred and Eighty-nine.
- 31 -
Item IV-H.2.d.
PLIBLIC HEARING
PLANNING ITEM # 31922 (Continued)
Voting: 9-0
Council Memt>ers Voting Aye:
Albert W. Balko, John A. BaLn, Vice Mayor Robert E.
Fentress, Harold Helschober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Nancy K. Parker and
William D. Sessorns, Jr.
Council @mbers Voting Nay:
Nc)ne
Council Nbmbers Absent:
Mayor Mayera E. Oberndorf and John L. Perry
- 32 -
Item IV-H.2.e.
PLIBLIC HEARING
PLANNING ITEM # 31923
Larry Martinette, 1265 Paramore Drive, Phone: 496-0661, President of Auto
Sunroof and Accessories, Inc., represented the applicant
Upon motion by Councilman Sessoms, seconded by Councilwoman Henley, City
Council ADOPTED an Ordinance upon application of AUTO SUNROOF AND ACCESSORIES,
INC. fora Conditional Use PerTnit:
ORDINANCE UPON APPLICATION OF AUTO SUNROOF AND
ACCESSORIES, INC., FOR A CONDITIONAL USE PERMIT FOR
AN AUTOMOBILE REPAIR GARAGE R010891253
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRIGNIA
Ordinance upon application of Auto Sunroof and
Accessories, Inc., for a Conditional Use PerTnit for
an automobile repair garage (installation of
sunroofs, luggage racks, spoilers and
runningboards) on the south side of Cleveland
Street, 1910 feet west of Witchduck Road. The
parcel Is located at 5321 Cleveland Street and
contains 3200 square feet. More detai led
information is available In the Department of
Planning. BAYSIDE BOROUGH.
The following conditions shall be required:
1. Required Category VI screening was not shown on the
submitted site plan. Category Vi screening will be
required during detailed site plan review unless a
variance from the Board of Zoning Appeals is
obtained.
2. Only customizing related work as indicated by the
applicant will be allowed.
3. All work must be performed wlthin the building. No
outside repairs are allowed.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginla, on the Twenty-
third of October, Nineteen Hundred and Eighty-nine.
- 33 -
Item IV-H.2.e.
PUBLIC HEARING
PLANNING ITEM # 31923 (Continued)
Voting: 8-0
Counci I Wmbers Voting Aye:
Albert W. Balko, John A. Baun, Vice Mayor Robert E.
Fentress, Barbara M. Henley, Reba S. tkCIanan, John
D. Moss, Nancy K. Parker and William D. Sessoms, Jr.
C<)uncil Members Voting Nay:
None
Council Members Abstaining:
Harold Helschober*
Council %mbers Absent:
Mayor Mayera E. Oberndorf and John L. Perry
*Councilman Harold Heischober VERBALLY ABSTAINED as the applicant might do sorne
work for him.
- 34 -
Item TV-H.2.f.
PUBLIC HEARING
PLANNING ITEM # 31924
Attorney William Cox, represented the applicant, and referenced letters from
John F. Shappel, Pastor of Bethel/Beech Grove United Methodist Churches, and
Mark A. Miller, adjacent resident in support of the application. Said letters
are hereby made a part of the record.
Travis and Cyd Halstead, 804 Trevino Court, the applicants, represented
themselves
Upon motion by Councilwoman Henley, seconded by Councilman Baum, City Council
ADOPTED an Ordinance upon application of 'FRAVIS W. HALSTEAD, JR. AND CYD L.
HALSTEAD for a Conditional Use Permit:
ORDINANCE UPON APPLTCATION OF TRAVIS W. HALSTEAD,
JR. AND CYD L. HALSTEAD FOR A CONDITIONAL USE
PERMIT FOR BOARDING HORSES R010891254
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Application of Travis W. Halstead, Jr., and Cyd L.
Halstead for a Conditional Use Permit for boarding
horses on the west side of Princes Anne Road, 2800
feet north of Stowe Road. The parcel is located at
1161 Princess Anne Road and contains 40.1493 acres.
More detailed information is available in the
Department of Planning. PUNGO BOROUGH.
The following conditions shall be required:
1. A right-of-way dedication is required along
Princess Anne Road to provide for a standard 50
foot right-of-way. Approximately 10 feet of
right-of-way dedication will be required.
2. No filling of the floodplain will be allowed.
3. A maximum of 25 horses, both owned and
boarded, will be allowed.
4. The utilization of best management practices for
controlling stormwater runoff which are reasonably
applicable to the development of the site and in
keeping with the recommendations for the proposed
Back Bay/North Landing River Management District.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-
third of October, Nineteen Hundred and Eighty-nine.
- 35 -
Item IV-H.2.f.
PUBLIC HEARING
PLANNING ITEM # 31924 (Cbntinued)
Vot I ng: 10-0
Council Nbmbers Voting Aye:
Albert W. Balko, John A. Baun, Vice Veyor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Nancy K. Parker, John L.
Perry and William D. Sessoms, Jr.
Council tkmt>ers Voting Nay:
tbne
Council Members Absent:
Mayor Voyera E. Oberndorf
- 36 -
Item IV-H.2.g.
PUBLIC HEARING
PLANNING ITEM # 31925
Attorney Charles Salle' , 192 Ballard Court, Phone: 490-3000, represented the
applicant
Upon motion by Councilman Perry, seconded by Councilman Sessoms, City Council
ADOPTED an Ordinance upon applicant of RIVERSIDE INVESTMENT ASSOCIATES, INC.
for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF RIVERSIDE INVESTMENT
ASSOCIATES, INC. FOR A CONDITTONAL USE PEPJITT FOR A
122-UNIT MOTEL R010891255
BE TT HEREBY ORDATNED BY THE COUNCTL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Riverside Investment
Associates, Inc. for a Conditional for a 122-unit
motel on certain property located at the southwest
corner of Greenwich Road and Ballard Court. The
parcel contains 1.7 acres. More detailed
information is available in the Department of
Planning. BAYSTDE BOROUGH.
The following conditions shall be required:
1. The utilization of best management practices for
controlling stormwater runoff which are reasonably
applicable to the development of the site.
2. Only one entrance will be permitted from Greenwich
Road to this site. The entrance shall be located
towards the center of the site.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-
third of October, Nineteen Hundred and Eighty-nine.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Nancy K. Parker, John L.
Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
- 37 -
Item IV-H.2.h.
PUBLIC HEARING
PLANNING ITEM # 31926
Upon motion by Co unc i I man He i schober, second ed by Co unc II man Moss, City Counc i I
DEFERRED un tII the City Co unc i I Weting of October 30, 1989, an Ordin ance upon
application of TIDEWATER WESTMINSTER HOP4ES, INC. for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF TIDEWATER WESTMINSTER
HOMES, INC. FOR A CONDITIONAL USE PERMIT FOR
APARTMENTS FOR THE ELDERLY
Appl lcation of Tidewater Westminster Homes, Inc.
for a Conditional Use Permit for apartments for the
el derl y on Lot 20, BI ock R, Aragona Vi I I age. The
parcel is located at 709 Aragona Boulevard and
contains 1.43 acres. BAYSIDE BOROUGH.
This DEFERRAL will enable representation for the application.
Vot I ng :10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Fbischober, Barbara M. @nley, Reba
S. McClanan, John D. Moss, Nancy K. Parker, John L.
Perry and William D. Sessorns, Jr.
Council Vembers Voting Nay:
None
Council Members Absent:
Meyor Nbyera E. Oberndorf
This application was MOVED to the last Item In the PLANNING AGENDA.
- 38 -
Item IV-H.2.i.
PLELIC HEARING
PLANNING ITEM # 31927
Tracey L. Garner, 1205 Warner Hall Drive, Phone: 427-5863, represented the
applicant
Upon motion by Cbuncilman Baun, seconded by Councilman Heischober, City Council
ADOFrrED an Ordinance upon appl ication of RICHARD G. AND TRACEY L. GARNER for a
Conditional Use Permit:
ORDINANCE UPON APPLICATION OF RICHARD G. AND TRACEY
L. GARNER FOR A CONDITIONAL USE PERMIT FOR A HOME
OCCUPATION (LEATHER CRAFTING) R010891256
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Application of Richard G. and Tracey L. Garner for
a Conditional Use Perinit for a home occupation
(leather crafting) on Lot 228, Section 4, Red Mill
Farms. The parcel is located at 1205 Warner Hall
Drive and contains 7,500 square feet. PRINCESS ANNE
BOROUGH.
The following condition shall be required:
1. Approval sha I I be for a per lod of *1/2oe (2) one ( I
year.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Councii of the City of Virginia Beach, Virginia, on the Twenty-
third of October, Nineteen Hundred and Eighty-nine.
Voting: 7-3
Council Nbmbers Voting Aye:
Albert W. Balko, John A. BaLn, Vice Veyor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, John
L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
Reba S. tkCIanan, John D. Moss and Nancy K. Parker
Council Members Absent:
Mayor Meyera E. Oberndorf
- 39 -
I tem I V-H. 2.j .
PLIBLIC HEARING
PLANNING ITEM # 31928
The following spoke In SUPPORT of the application:
Gerry Porterf I e I d , 516 Mu I i i gan Dr ive, Phone: 340-0322, Ta I bot and Associ ates,
represented the applicant, displayed site plans of Nowby Estate.
Jim Nbrris, President - Pace Construction, represented the appl lcant
E. Ray Cox, Sr., 395 Old Great Neck Road, represented the %w Hope Baptist
Church
The following spoke in OPPOSITION:
Art Jeffries, 311 Sunflower Court, represented the Sunflower Court Residents
and Woods of London Bridge. Art Jeffries requested a DEFERRAL to Inform the
residents of the adjoining areas.
Ron Jakeubeck, resident of Sunflower ()Ourt
Colonel William R. Nbthes, USA ret., resident of 314 Sunflower Court
Roy C. Rowe, 400 Ronnie Court, Phone: 498-1165, President of the Homeowners
Association - Woods of London Bridge
Upon motion by Cc)uncliman Balko, seconded by Councilman BaLrn, City Council
ADOPTED an Ordinance upon application of PACE HCMES, INCORPORATED for a
Conditional Zoning Classificatlon:
ORDINANCE UPON APPLICATION OF PACE HOMES,
INCORPORATED FOR A CONDITIONAL ZONING
CLASSIFICATION FROM R-10 TO A-12 Z010891266A
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Application of Pace Fbmes, Incorporated for a
Conditional Zoning Classificatlon from R-10
Residential District to A-12 Apartment District on
certain property located on the southwest side of
Reagan Avenue beginning at a point 40 feet more or
less northwest of Busky Lane. The parcel contains
10.979 acres. Plats with more detai led information
are available In the Department of Planning.
LYNNHAVEN BOROUGH.
The following conditions shall be required:
1. Agreement encompassing proffers shal I be recorded
with the Clerk of the Circuit court and Is hereby
made a part of the record.
This Ordinance shal I be effective upon the date of adoption.
Adopted by the Cbuncil of the City of Virginia Beach, Virginia, on the Twenty-
third of October, Nineteen Hundred and Eighty-nine.
- 40 -
I tem I V-H. 2.j .
PUBLIC HEARING
PLANNING ITEM # 31928 (Continued)
Voting: 7-3
Co unc i I Mem bers Vot I ng Aye
Albert W. Balko, John A. Bam, Vice %yor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, John
L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
Reba S. McClanan, John D. Moss and Nancy K. Parker
Council Members Absent:
Mayor Nbyera E. Oberndorf
M.11. & M.W. INVESTMENTS, INC.,
a Virginia corporation
TO: (COVENANTS AND CONDITIONS)
CITY OF VIRGINIA BEACH,
a municipal corporation of the
Commonwealth of Virginia
THIS AGREEMENT, made this 22nd day of August, 1989, by
M.W. & M.W. INVESTMENTS, INC., a Virginia corporation,
("Grantor"), of the one part, and CITY OF VIRGINIA BEACH, a
Municipal corporation of the Commonwealth of Virginia ("Grantee"),
of the other part.
WITNESSETH THAT:
WHEREAS, the Grantor has initiated an Amendment to the Zoning
Map of the City of Virginia Beach, Virginia, by petition of the
Grantor addressed to the Grantee, so as to rezone the Grantor's
property from R-10 Residential District to A-12 Apartment
District, on certain property located on the southwest side of
Reagan Avenue beginning at a point 400', more or less, northwest
of Busky Lane. Said Parcel contains 11.522 acres, in Lynnhaven
Borough, City of Virginia Beach, Virginia; said property being
referred to hereinafter as "the Property", and being shown on the
plat entitled "Plat of Property of M.W. & M.W. INVESTMENTS, INC.,
Lynnhaven Borough, Virginia Beach, Virginia, Scale: 1" = 60',
dated August 2, 1989, made by Harold C. Warren, Jr., Land
Surveyor, Virginia Beach, Virginia", and is duly recorded in the
Clerk's Office of the Circuit Court of the Ciiy of Virginia Beach,
Virginia, in Map Book 194, at page 83.
WHEREAS, the Grantee's policy is to provide only for the
orderly development of land, for various purposes, including
apartment purposes, through zoning and other land development
legislation; and
WHEREAS, the Grantor acknowledges that in order to recognize
the effects of change, and the need for various types of uses,
including apartment uses, certain reasonable conditions governing
the use of the Property for the protection of the community that
are not generally applicable to land in the A-12 zoning .
classifications are needed to cope with the situation which the
Grantor's proposed development gives rise to; and
WHEREAS, the Grantor has voluntarily proffered in writing, in
advance of and 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 in the A-12 zoning district or zone
by the existing overall zoning ordinances, the following
reasonable conditions related to the physical development and
operation of the property to be adopted as a part of said
Amendment to the new Zoning Map relative to the property described
above, which have a reasonable relation to the rezoning and the
need for which is generated by the rezoning and proposed
development; and
WHEREAS, said conditions having been proffered by the Grantor
and allowed and accepted by the Grantee as part of the Amendment
to the zoning ordinance, such conditions shall continue in full
force and effect until a subsequent Amendment changes the zoning
on the Property covered by such conditions; provided, however,
that such conditions shall continue despite a subsequent Amendment
if the subsequent amendment is part of a comprehensive
implementation of a new or substantially revised zoning ordinance,
unless, notwithstanding the foregoing, these conditions are
amended or varied by written instrument recorded in the Clerk's
office of the Circuit Court of the City of Virginia Beach,
Virginia, and executed by the record owner of the subject property
at the time of recordation of such instrument; provided, further,
that said instrument is consented to by the Grantee in writing as
evidenced by a certified copy of an ordinance or a resolution
adopted by the governing body of the Grantee, after a public
hearing before the Grantee advertised pursuant to the provisions
of the Code of Virginia, Section 15.1-431, which said ordinance or
resolution shall be recorded along with said instrument as
conclusive evidence of such consent.
NOW, THEREFORE, the Grantor, for themselves, their heirs,
personal representatives, assigns, grantees, and other successors
in title or interest, voluntarily and without any requirement by
or exaction from the Grantee or its governing body and without any
element of compulsion or quid pro quo for zoning, rezoning, site
plan, building permit, or subdivision approval, hereby makes the
following Declaration of conditions and restrictions as to the
physical development and operation of the subject property and
governing the use thereof and hereby covenants and agrees that
this Declaration shall constitute covenants running with the said
Property, which shall be binding upon the Property and upon all
parties and persons claiming under or through the Grantor, their
heirs, personal representatives, assigns, grantees and other
successors in interest or title, namely:
1. The Grantor agrees that upon development of the subject
site, ingress/egress will be improved by aligning the proposed
entrance with and restriping the existing intersection. The city
will restripe the subject intersection and the Grantor will
reimburse the city for its costs.
2. The Grantor is conscious of the fact that the subject
site is located in a high noise zone and agrees that it will
employ these construction techniques in all buildings to provide
noise abatement for its occupants:
a. Windows (double hung) Thermopane plus a storm window.
Thermopane window should be of heavy glazing 1/8" glass with
11/18" air space. There should also be a minimum of 2 3/4" air
space between the thermopane and the storm window. Glass in the
storm window 8hould be of a different thickness to eliminate the
possibility of resonance.
b. Patio Doors - Replace typical sliding patio doors with
double french doors with insulated glass.
c. walls - Should be of 2 x 6 construction. Sound-a-sote
sound deadening board should be installed between the studs and
the vinyl exterior. insulation should be a 5 1/2" batt
insulation. Resilient clips should be installed between studs and
interior sheetrock.
d. Ceiling - Normal construction practice@ should suffice
however resilient clips should be installed ceiling rafters and
sheetrock. This assumes that the roof construction will be of
normal pitch with 1/2" sheathing with asphalt shingles. Ceiling
should be insulated with R-30 blown in insulation.
in addition, a full disclosure of high noise status will be
provided in all contracts for occupancy.
3. The Grantor agrees to submit a Resubdivision Plat which
plat shall cause all interior lot lines to be vacated so as to
create a single parcel from Parcel A which parcel is shown on that
certain plat entitled "SUBDIVISION OF REGAN WOODS" made by John E.
Sirine and Associates, Ltd., dated August, 1977, which plat is
duly recorded in the Clerk's Office of the Circuit Court of the
City of Virginia Beach, Virginia, in Map Book 124, page 38, and
the ii-S@A Acre Tract of which this Agreement is the subject.
4. The Grantor recognizes that the subject site is
environmentally sensitive and therefore shall utilize those Best
Management Practices as are reasonably applicable to the property,
including, if acceptable to the City of Virginia Beach volume
control (infiltration) basins and trenches for storm water
management as well as water quality control.
SITE PLAN
5. The Grantor agrees to develop the property in substantial
compliance with the preliminary site plan, which is entitled
"REVISED REZONING AND PRELIMINARY SITE PLAN OF NEWBY ESTATE" for
Pace Construction, Inc., made by Talbot & Associates, Ltd.,
Project #891207, dated June 28, 1989, and revised July 20, 1989,
on file in the Planning Department, to include the following:
a. There shall be no more than 66 units permitted on the
property.
b. Buildings as shown to be 2-story 8-plex condominiums for
sale, each having direct on grade access from the ground floor.
C. Buildings shall be clustered along the 8' contour but
shall be no closer to the 8' contour than 10'.
d. The parking lot shall be situated between the proposed
8-plex units and adjacent townhouses located to the North of the
subject project physically separating the two and serving as a
buffer.
e. The parking lot shall be designed in a curvelinear
fashion to reduce the traffic speed and to create additional
landscaping areas adjacent to the adjoining townhouses.
It is recognized that further conditions may be required
during @he administration of applicable City ordinances and that
there will be detailed site plat review to meet all applicable
City codes, and that.further conditions may be required during the
administration of applicable City ordinances.
All references hereinabove to requirements and regulations
applicable thereto refer to the Comprehensive Zoning Ordinance of
the City of Virginia Beach, Virginia, in force as of March
1989, which is by this reference incorporated herein.
The Grantor covenants and agrees that (1) the Zoning
Administrator of the City of Virginia Beach, Virginia, shall be
vested with all necessary authority on behalf of the governing
b6dy of the City of Virginia Beach, Virginia, to administer and
enforce the foregoing conditions, including (i) the ordering in
writing of the remedying of any noncompliance with such
conditions, and (ii) the bringing of legal action or suit to
insure compliance with such conditions, including mandatory or
prohibitory injunction, abatement, damages or other appropriate
action, suit or proceedings; (2) the failure to meet all
conditions shall constitute cause to deny the issuahce of any of
the required building or occupancy permits as may be appropriate;
(3) if aggrieved by any decision of the Zoning Administrator
pursuant to the provisions, the Grantor shall petition to the
governing body for the review thereof prior to instituting
proceedings in court; and (4) the Zoning Map may show by an
appropriate symbol on the map the existence of conditions
attaching to the zoning of the subject property oh the map and
that the ordinance and the conditions may be readily available and
accessible for public inspection in the office of the Zoning
Administrator and in the Planning Department and that they shall
be recorded in the Clerk's Office of the Circuit Court of the City
of Virginia Beach, Virginia, and indexed in the name of the
Grantor and Grantee.
WITNESS the following signature and seal:
M.W. & M.W. INVESTMENTS, INC.,
a Virginia corporation
BY: (IVAAL@ P- ivJ (SEAL)
William R. Wood, President
STATE OF VIRGINIA:
CITY OF VIRGINIA BEACH, to-wit:
I, Michael E. Wood, a Notary Public for the City and State
aforesaid, do hereby certify that William R. Wood, President of
M.W. & M.W. Investments, Inc., a Virginia corporation, whose name
is signed on behalf of the Grantor to the foregoing instrument
bearing date on the 22nd day of August, 1989, has acknowledged the
same before me in the City and State aforesaid.
Notary Public
My commission expires: 11/28/89
- 41 -
Item IV-H.2.k.
PUBLIC HEARING
PLANNING ITEM # 31929
The fol lowing spoke In SUPPORT of the appl lcation
Richard K. Stel 1, 219 66th Street, Phone: 428-5824, John E. Sirine and
Associates Ltd., represented the applicant
David F. Peckens, Vice Cnairman - Bui Iding Committee, Scouting Service Genter -
Boy Scouts of America, (C & P Telephone) - # 11 Koger E)<ecutive Center Room
134. David F. Peckens advised desire to bul Id an 11,000 square foot service
center to Include training office facilities and meeting facilities.
Upon motion by Councilman Baun, seconded by Councilman Perry, City Council
ADOPTED an Ordinance upon application of BOY SCOUTS OF AMERICA and MOORE FARM
ASSOCIATES for a Change of Zc)ning:
ORDINANCE UPON APPLICATION OF BOY SCOUTS OF AMERICA
AND MOORE FARM ASSOCIATES FOR A CHANGE OF ZONING
DISTRICT CLASSIFICATION FROM R-10 TO B-2 Z010891267
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Appl ication of Boy Scouts of Pfnerica and Moore Farm
Associates for a Change of Zoning District
Classification from R-10 Residential District to
B-2 Community Business District on the east and
west sides of Fbatherwood Drive, 484.83 feet north
of Flaygood RDad on Parcels D-1, G-1 and 1-1,
Cypress Point North Shopping Center. The parcels
contain 13,278 square feet. BAYSIDE BOROUGH.
The landscape, screening and buffering measures proposed within the remaining
thirty-(30) foot buffer area consist of Category IV plant material along the
Bc)y Scouts of America site and a berm in conjunction with plant material along
the shopping center site.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginla, on the Twenty-
third of October, Nineteen Hundred and Eighty-nine.
Vot i ng: 8-2
Council Members Voting Aye:
Albert W. Balko, John A. Baun, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, John
D. Moss, John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
Reba S. McClanan and Nancy K. Parker
C<)uncil Members Absent:
%yor Veyera E. Oberndorf
- 42 -
Item IV-H.2.1.a.
PUBLIC HEARING
PLANNING ITEM # 31930
Upon motion by Co unc II wornan Hen I ey, second ed by Go unc if man Ba um, City Co unc i I
ADOFrED:
Ordinance to Anend and reordain Section 106 of the
City Zoning Ordinance, pertaining to rehearings of
Variance Applications.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. BaLxn, Vice Veyor Robert E.
Fentress, Harold Fbischober, Barbara M. Henley, Reba
S. McCianan, John D. Moss, Nbncy K. Parker, John L.
Perry and William D. Sessoms, Jr.
Council f&mbers Voting Nay:
None
Council Members Absent:
Nbyor Meyera E. Oberndorf
AN ORDINANCE TO AMEND AAD REORDAIN
2 SECTION 106 OF THE CITY ZONING
@3 ORDINANCE, PERTAINING TO REIIEARINGS
4, OF VARIANCE APPLICATIONS
BE IT ORDAINED BY TIIE CITY COUNCIL OF THE CITY OF VIRGINIA
!6@ BEACII, VIRGINIA:
7 That Section 106 of the City Zoning or@inance be,.and hereby
'8 'is, amended and reordained, and shall read as Eollows:
9 @Section 106. Appeals and variances.
10 (a) The board of zoning appeals shall hear and decide'
li@ appeals from any order, requirement, decision, or det6rminaEion
12 made by the zoni@ an administrative dfficer in the
13 administration or eneorcement of this ordinance as set forth@
14 seebl-ans ---,-Ihreugh -1@-4-@
is aineftd@. In addition thereto, the board shall have such other
16 powers and duties as are set Eorth, in sebtion 15.1-495 oE the Code
of Virqinia; Provided, however, that the board shall have no
18 authority to hear and decide applications for conditional use
19 permits.
20 (b) The membership, organization erg, -dttbies, and
21 procedures of the board of zoning appeals shzill be as set forth in
22 sections 15.1-494 through 15.1-497 oE the Code of Virginia, 1950,
.23 as amended. @ In the event the board denies an application for a
,@24 variance, ;substantiallv the same application
shall not be
@25. considered'by the board for a period of one year from the date of
@26 denial.
27@ (C) Every ap@l cation to the board of zoning appeals
28 shall be accompanied by a fee of one hundred dollars ($1 00. 00).t
which shall be applied to the costs of advertising and expenses
30@ incidental to
the
@31 processinq oE the appli6ation.
32. (d) In regard to article 12 and the National rlood Insurance
:33 Program, variances should only be issued for new construction and
@34. substantial improvements to be erected on a lot-of one-half (1/2)
35 acre or less in size contiguous to and surrounded by lots w th
36 existing structures constructed below the base flood level, in
37 conformance with the procedures below:
38 (1) Variances shall only be issued upon a showing oE good
39 and sufficient cause, a determination that failure to
40 grant the variance would result in exceptional hardship
41 to the applicant, and a determination that the granting
42 of a variance will not result in increased flood
43 heights, additional threats to public safety,
44 extraordinary public expense, create nuisances, cause
45 fraud on or victimization of the public, or conflict
46 with existing local laws or ordinances.
47 (2) Variances shall only be issued upon a determination that
48 the variance is the minimum necessary, considering the
49 flood hazard, to afford relief.
50 (3) The City of Virginia Beach shall notify the applicant in
51 writing over the signature of a city official that the
52 issuance of a variance to construct a structure below
53 the base flood level will result in increased premium
54 rates for flood insurance up to amounts as high as
55 twenty-five dollars ($25.00) per one hundred dollars
56 ($100.00) of insurance coverage, and such construction
57 below the base flood level increases risks to life and
58 property. Such notification shall be maintained with a
59 repord of all variance actions as required in paragraph
60 (4) below.
61 (4) The City oE Virginia Beach shall Maintclin a record of
62 all variance actions, including justification for their
63 issuance, and report such variances issued in its annual
64 report submitted to the administrator.
-.65 Adopted by the City Council of the City of Virginia Beach,
66 Virginia, on the 2.3@ day of 0 t
1989.
1
167 W14M/dhh
. 168 07/21/89
69 CA-89-3361
70 ,\ordin\proposed\0106czo.pro
2
"I
7
- 43 -
Ttem IV-H.2.1.b.
PUBLIC HEARING
PLANNING ITEM # 31931
Upon motion by Councilman Baum, seconded by Councilman Balko, City Council
ADOPTED, AS AMENDED*:
Ordinance to Amend Section 214 of the City Zoning
Ordinance pertaining to the Display of Street
Numbers on Freestanding Signs.
"The words "unless impractical", after the words "height and," on line 30 shall
be moved to line 31 after the words "face of the sign"
Voting: 8-2
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Harold Heischober,
Barbara M. Henley, John D. Moss, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
Vice Mayor Robert E. Fentress and Reba S. iMcClanan
Council Members Absent:
Mayor Meyera E. Oberndorf
1 AN ORDINANCE TO AMEND AND
2 REORDAIN SECTION 214 OF THE CITY
3 ZONING ORDINANCE PERTAINING TO
4 SIGN HEIGHT, SETBACK AND
5 LANDSCAPING.
6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
7 BEACH, VIRGINIA:
8 That Section 214 of the City Zoning Ordinance of the City of
9 Virginia Beach, Virginia, is hereby amended and reordained to read
10 as follows:
11 Section 214. Sign Height, setback and landscaping
12 (a) No freestanding sign shall exceed twelve (12) feet in
13 height froiu ground level.
14 (b) No freestanding sign shall be set back less than seven
15 feet from any existing public right-of-way; provided, however,
16 that a freestanding sign having a height of eight (8) feet or less
17 may be set back five (5) feet from any such right-of-way. The
18 minimum sign setback from interstate roadways and expressways
19 designated by the city council shall be one hundred (100) feet.
20 (c) There shall be a minimum of seventy-five (75) square
21 feet of landscaped area around any freestanding sign, which area
22 may include landscaping required by section 5A of the site plan
23 ordinance. All such landscaping shall be maintained in good
24 condition at all times by the owner, lessee or occupant of the
25 premises upon which such sign is located.
26 (d) Freestanding signs, including replacements of sign
27 faces, shall display the street number of the property upon wh@ch
28 the sign is located. Such display shall consist of numerals no
29 larger than twelve (12) inches and no less than six (6) inches in
30 height and shall be located within, but not extend above, th to
31 Portion of the face of the sign, unless impractical. The portion
32 of the sign displaying the street number shall not be deemed a
33 Part of the sian for Durnoses of measuring the surface area of
34 such sign.
35 Adopted by the City Council of the City of Virginia
36 Beach on the 23rd day of October, 1989.
37 wmm/lmt/cmm
38 06/29/89
39 07/12/89
40 09/18/89
41 10/17/89
42 10/23/89
43 CA-03359
44 \ordin\proposed\0214czo.pro
2
- 44 -
Item IV-H.2.m.
PUBLIC HEARING
PLANNING ITEM # 31932
Upon motion by Counci Iman Heischober, seconded by Counci Iman Moss, City Oounci I
ADOPITED:
Ordinance to AMEND and REORDAIN Section 7 of the
Site Plan Ordinance of the City of Virginia Beach,
Virginia, re variances and appeals as they relate
to development related waiver requests.
Councilman Wss referenced lines 29-33 and advised there should be provided
sorne formal notice to the Counci I that a Waiver has been granted and a delay
period for the effective date of the decision. The Council would be able to
decide whether to reverse this decision without incurring financial I iability
to the City.
The City %nager advlsed the verbiage "his designeell on lines 13 and 27
referred to Deputy City Manager Thornas Martinsen and in his absence, C. Ora I
Lambert, Jr., Director ot Public Works.
Voting: 6-4
Council Members Voting Aye:
Albert W. Balko, John A. BaLn, Vice %yor Robert E.
Fentress, Harold Heischober, John L. Perry and
William D. Sessoms, Jr.
Oouncil Members Voting Nay:
Barbara M. Henley, Reba S. NtClanan, John D. Moss and
Nancy K. Parker,
Council Nbmbers Absent:
%yor Meyera E. Oberndorf
I AN ORDINANCE TO AMEND AND REORDAIN
2 SECTION 7 OF THE SITE PLAN ORDINANCE
3 OF THE CITY OF VIRGINIA BEACH,
4 VIRGINIA, PERTAINING TO VARIANCES
5 AND APPEALS AS THEY RELATE TO
6 DEVELOPMENT RELATED WAIVER REQUESTS
7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
8 VIRGINIA BEACH, VIRGINIA:
9 That Section 7 of the Site Plan Ordinance of the City of
10 Virginia Beach, Virginia, pertaining to variances and appeals, be,
11 and hereby is, amended and reordained to read as follows:
12 Section 7. Variances and appeals.
13 7.1. The city manager and his designee are
14 authorized, upon appeal in specific cases, to grant a variance
15 from the terms of the ordinance as will not be contrary to the
16 public interest, when owing to special conditions, a literal
17 enforcement of the provisions will result in unnecessary hardship,
18 provided that the spirit of the ordinance shall be observed and
19 substantial justice done, as follows:
20 (1) Strict application of the terms of the ordinance
21 will effectively prohibit or unreasonably restrict
22 the use of the property.
23 (2) Granting of such variance will alleviate a clearly
24 demonstrable hardship approaching confiscation as
25 distinguished from a special privilege.
26 In authorizing a variance the city manager or his
27 designee may impose such conditions as may be necessary in the
28 public interest.
29 7.2. It is further provided that any decision of the
30 city manager or his designee may be modified, reversed or affirmed
31 by the city council upon appeal by any aggrieved party to such
32 decision, if such appeal is filed within thirty (30) days of such
33 decision.
35 7.3. Final decisions under this ordinance shall be
36 subject to review by the appropriate court of record, if filed
37 within thirty (30) days from the date of council action.
38 Adopted by the Council of the City of Virginia Beach,
39 Virginia on 23 day of October 1989.
40 EEF/lmt
41 06/01/89
42 06/22/89
43 CA-03341
44 \ordin\proposed\007site.pro
APPROVED AS TO CONTENTS
SIGNATURE
DEPART@A
APPROVED AS TO LEGAL
PMFY
2
- 45 -
Item IV-I.l.
APPOINTMENTS ITEM # 31933
Upon NOMINATION by Councilman Heischober, City Council APPOINTFD:
HAMPTON ROADS AIR POLLUTION CONTROL DISTRICR COMMISSION
Mary Morris, Alternate
Two year term: 11/1/89 - 10/31/91
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Nancy K. Parker, John L.
Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
- 46 -
Item IV-1.2.
APPOINTMENTS ITEM # 31934
Upon NOMINATION by Councilwoman McClanan, City Council REAPPOINTED:
HISTORICAL REVIEW BOARD
Thomas L. Ackiss
James H. Agles
Bartow W. Bridges, Jr.
Two year term: 11/1/89 - 10/31/91
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Nancy K. Parker, John L.
Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
- 47 -
Item IV-I.3.
APPOINTMENTS ITEM # 31935
Upon NOMINATION by Councilwoman McClanan, City Council APPOINTED:
TIDEWATER TRANSPORTATION DISTRICT COMMISSION
Thomas M. Martinsen, Jr., Alternate
To Serve at Pleasure of City Council
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Nancy K. Parker, John L.
Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
- 48 -
Item IV-L.I.
RECESS TO ITEM # 31936
ExECUTTVE SESSION
In accordance with Section 2.1-344, Code of Virginia as amended, and upon
motion by Councilman Heischober, seconded by Councilman Moss, City Council
RECESSED the FORMAL SESSION to RECONVENE October 24, 1989, at 9:00 AM, into
EXECUTIVE SESSION in the Conference Room, City Hall Building, for discussion of
a Personnel Matter (a. Interviews for the City Attorney position.) (9:12 P.M.)
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Nancy K. Parker, John L.
Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf