The URL can be used to link to this page

MARCH 27, 1989 "WORLD'S LARGEST RESORT CITY" CITY COUNCIL VICE MAYOR ROMRT E FE-@, V,,,i@. @ERT W. B@0, 10.1 -U., -@.- -@@ HEIW.OMR, 1, @_ HEN@Y, N,@ -.,@ -, l@@- A.- JOHN D, MO., -,@. -@@ - . P@R, A, JOHN L. IE-1, ,- WI-@ D, S@US, JR., A, 281 CITY HALL BUILDING MUNICIPAL CENTER @UBUY V @il, CITY COUNCIL AGENDA VIRGINIA BEACH, VIRGINIA 23456-9002 j @ BIMWN, Ci,, A@@ (8N) 427-4303 R- H- --, -l-, Ci@ MARCH 27, 1989 ITEM 1. COUNCIL CONFERENCE SESSION - Conference Room - 4:00 PM A. CITY COUNCIL CONCERNS ITEM 11. INFORMAL SESSION - Conference Roorn - 5:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF COUNCIL C. MOTION TO RECESS INTO EXECUTIVE SESSION ITEM Ill. FORMAL SESSION - Council Chamber - 6:00 PM A. INVOCATION: Reverend James E. Powell, Jr. Charity United Methodist Church B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA C. ELECTRONIC ROLL CALL OF CITY COUNCIL D. MINUTES 1. INFORMAL & FORMAL SESSIONS - March 20, 1989 E. RESOLUTION/ORDINANCES 1. Resolution authorizing the enlargement of the nonconforming use and structure located at 309 Fountain Drive, property of Thomas R. and Pamela J. Evans, Husband and Wife. 2. Ordinance authorizing and directing the City Manager to execute a Deed of Easement to C & P Telephone Company. 3. Ordinance to authorize a temporary encroachment into a portion of the rights-of-way of Donation Drive and Alfriends Trail to Rufus A. Jones, his heirs, assigns and successors in title. F. CONSENT AGENDA Al I matters listed under the Consent Agenda are considered in the ordinary course of business by City Council and will be enacted by one motion in the form listed. It an item is removed from the Consent Agenda, it will be discussed and voted upon separately. 1. Ordinance upon SECOND READING authorizing the issuance of Water and Sewer Revenue Bonds of the City of Virginia Beach in the maximum amount of $735,000. 2. Ordinance upon SECOND READING to APPROPRIATE $735,000 to Project 6-993, Old Dam Neck Road/Upton Estates Sewers to alleviate a health problem. 3. Ordinance upon SECOND READING to APPROPRIATE $82,767 in additional State funding for the Virginia Beach Community Diversion Project. 4. Ordinance upon FIRST READING to APPROPRIATE $245,000 for Growth Management Related Studies, such funding to be provided from ending balances. 5. Ordinance appointing viewers in the petition of Jerry C. Seay for the closure of a portion of Windsor Crescent (Bayside Borough). 6. Ordinance appointing viewers in the petition of F. Wayne McLeskey, Jr. for the closure of a portion of Shore Drive (Bayside Borough). G. PUBLIC HEARING 1. PLANNING a. Application of A. C. BROWN for a Conditional Use Permit for a single family dwelling in the AG-1 Agricultural District 960 feet more or less North of North Landing Road, beginning at a point 2792.02 feet East of Winston Road, containing 3 acres (PRINCESS ANNE BOROUGH). Recommendation: APPROVAL b. Application of VIRGINIA BEACH JET SKI & CYCLE CENTER, INC. for a Conditional Use PerTnit for small engine repair on the South side of Virginia Beach Boulevard, 759.65 teet West of the intersection with the Norfolk-Virginia Beach Expressway (1933 Virginia Beach Boulevard), containing 2.586 acres (LYNNHAVEN BOROUGH). Recommendation: APPROVAL c. Applications of ESG ENTERPRISES, INC. - DOUSTAN PARTNERSHIP, JOINT VENTURE for C)onditional Zoning Classifications (PRINCESS ANNE BOROUGH): AG-1 Agricultural District to A-24 Apartment District, 600 feet West of General oth Boulevard, beginning at a point 1840 feet more or less Northeast of London Bridge Road, containing 35.37 acres (relocated); AG-1 Agricultural District to 1-1 Light Industrial District, F398 feet more r less West of General Booth Boulevard, beginning at a point 2000 feet more or less North of London Bridge Road, containing 44.61 acres (relocated); AG-1 Agricultural District to 0-2 Office District, 600 feet West of General Booth Boulevard, beginning at a point 1036 feet North of London Bridge Road, containing 7.78 acres (relocated); AG-2 Agricultural District to A-24 Apartment District, 485 feet Test of General oth Boulevard, beginning at a point 1487.77 feet NDrth of London Bridge Road, containing 4.89 acres (relocated); AG-2 Agricultural District to B-2 Community Business District, on the West side of General Booth Boulevard, beginning at a point 1487.77 feet North of London Bridge Road, containing 16.43 acres (relocated); AG-2 A_qricultural District to H-1 Hotel District, on the West side of General Booth Boulevard, beginning at a point 2895.40 feet more or less North of London Bridge Road, containing 3.78 acres (relocated); AND, AG-2 Agricultural District to 0-2 Office District, on the West side ot General oth Boulevard, beginning at a point 1036 feet North of London Bridge Road, containing 7.34 acres (relocated); FZecommendation: WITHDRAWAL d. Application of BILLIE M. REED for a Variance to Section 4.4(b) of the Subdivision Ordinance which requires all lots created by subdivision to meet all requirements of the City Zoning Ordinance, located at 1634 West Little Neck Road (LYNNHAVEN BOROUGH). Recommendation: APPROVAL Appl i cation of HARVEY L. LINDSEY for a Variance to Section 4.4(b) of the Subdivision Ordinance which requires all lots created by subdivision to meet all requirements of the City Zoning Ordinance, located on the West side of Sandpiper Road, 100.6 feet South of Sandbridge Road (PRINCESS ANNE BOROUGH). Staff Recommendation: APPROVAL f. Application of SUSAN ZOBY for a COnditional Use Permit for boardinq horses. 900 feet South of Seaboard oad, 2200 feet more or less West of Princess Anne Road (2997 Seaboard Road), containing 60 acres (PRINCESS ANNE BOROUGH). Deferred January 23, 1989. Recommendation: APPROVAL g. Application of RONALD M. KRAMER for a conditional Us, P,rmit for an automobile repair and service establish ent on Lots 12 and 13, Lynnhaven Great Neck Road), containing 27,442.8 square feet (LYNNHAVEN BOROUGH). Recommendation: DENIAL h. Application of WILLIAM DRINKWATER et ux for a Conditional Zoning Classification, R-5D Residential Duplex District to R-T3 Resort Tourist District on Lot 2 and one-half of Lof 4, l@ock 55, Virginia Beach Development (500 Twenty-third Street), containing 7150 square feet (VIRGINIA BEACH BOROUGH). Recommendation: DENIAL i. Application of CITY OF VIRGINIA BEACH, for a Change of Zoning District Classification to P-1 Preservation District in Ocean- ark (BAYSIDE BOROUGH). Recommendation: APPROVAL, with the exception of Parcels Nos. 3, 4, 9, 10, 11, 12, 20, 25, and portions of 2, 8, 22, and 23. j. Ordinances to AMEND and REORDAIN the City Zoning Ordinance of the City of Virginia Beach, Virginia: 1. Article 1, Section Ill, re definition of public uses. 2. Article 2, Section 205, re parking/storage of major recreational equipment. Recommendation: APPROYAL k. Ordinances to AMEND and REORDAIN the City Zoning Ordinance re Zoning and Permit Application Procedure,: 1. Article 1, Section 105 re nonconformity 2. Article 1, Section 107 re amendments 3. Article 2, Section 221(c)(e)(i) re Procedural requirements and general standards for conditional uses H. UNFINISHED BUSINESS RESCHEDULE CITY COUNCIL SESSION: Monday, October 9, 1989 (YOM KIPPUR) 1. NEW BUSINESS J. ADJOURNMENT CITY COUNCIL SESSIONS RESCHEDULED FY 1989-1990 OPERATING BUDGET SCHEDULE MARCH 30, 1989 12: NOON CITY MANAGER'S PRESENTATION TO CITY COUNCIL (SPECIAL SESSION) APRIL 10, 1989 10:30 AM - 12: NOON CITY COUNCIL WORKSHOP - SCHOOL BUDGET (With School Board/Administration) APRIL 17, 1989 11:00 AM - 1:00 PM CITY COUNCIL WORKSHOP - CITY BUDGET APRIL 18, 1989 7:00 PM PUBLIC HEARING - CITY/SCHOOL BUDGET Princess Anne High School APRIL 24, 1989 2:00 PM - 4:00 PM CITY COUNCIL WORKSHOP FY 1989-1990 OPERATING BUDGET APRIL 25, 1989 7:00 PM PUBLIC HEARING FY 1989-1990 OPERATING BUDGET (Pavilion - Meeting Rooms) MAY 1, 1989 11:00 AM - 1:00 PM RECONCILIATION WORKSHOP FY 1989-1990 OPERATING BUDGET MAY 8, 1989 2:00 PM PUBLIC HEARING AND FIRST READING APPROPRIATION ORDINANCE Formal Ci ty Council Session) MAY 15, 1989 2:00 PM SECOND READING AND ADOPTION BY CITY COUNCIL (Fo@al City Council Session) (All other Sessions will be in accordance with the City Code) Item IV-D.I. MINUTES ITEM # 30995 Upon molion by Councilman Heischober, seconded by Councilman Sessoms, City Council APPROVED the MINUTES of the INFORMAL AND FORMAL SESSIONS of the City Council Meeting of March 27, 1989, as CORRECTED: Page 14, ITEM # 30952. Ordinance to authorize a temporary encroachment into a portion of the rights-of-way of Donation Drive and Alfriends Trail to Rufus A. Jones, his heirs, assigns and successors in title. The following condition shall be CORRECTED: 7. No opeti etit; of a ptt---- ex@t-ttndL-@xt-rem@@@2 stich @@-b@ubmi:t-t-ed-t-o-t-h@h1/2;ay D4-v4-si Condition No. 7 shall CORRECTLY read as follows: 7. The applicant sh6ll not cut through lawns or driveways but cut t rough the public asphalt roadway. This shall be submitted to the liighway Division for final approval. Voting: 11-0 Council Members @oting Aye: AlberL W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None M I N U T E S VIRGINIA BEACH CITY COUNCIL Vlrginia Beach, Virginia March 27, 1989 The VIRGINIA BEACH CITY COUNCIL was called to order by Mayor Meyera E. Oberndorf in the Conference Room, City Hall Building, on Monday, March 27, 1989 at 4:00 P.M. Council Members Present: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Absent: Reba S. McClanan (ENTERED: 4:05 A.M.) - 2 - C f T Y M A N A G E R I S I T E M S ltem # 30938 The Ci ty Manager ANNOUNCED Governor Ba Ii l es had signed the Water Bi II du ring the last Session of the General Assembly. Item # 30939 The City Monager advised of a SPECIAL SESSION of the VIRGINIA BEACH CITY COUNCIL In the Council Chamber, City Hall Building, on Thursday, March 30, 1989, at 12:00 NOON for the purpose of PRESENTING the FY 1989-90 OPERATING BUDGET. - 3 - C I T Y M A N A G E R ' S B R I E F I N G GROWTH MANAGEMENT Item # 30940 The City Manager introduced a video illustrating growth management issues in Collin County, Texas. This video was produced by Roy Mann and Associates and entitled: "Whatever Befalls the Earth". Individuals are shaped by their habitat. Chief Seattle said a long time ago: "Whatever Befalls the Earth, befalls the sons of Earth". If we do not preserve our habitat, something within ourselves will be diminished. The County Commissioners in Collin.County SCHEDULED a PUBLIC MEETING inviting citizens to address "quality of life" issues and to develop future programs to initiate these issues. The people of Collin County began to take a stand against the forces that would consume their land. They worked to preserve the "open spaces" that had nourished the quality of their lives. A Committee was formed, agendas and priorities identified, tasks assigned. The residents invested $1- 1/2-MILLION. After a nationwide search, a noted consulting firm was selected to devise a plan. An unusual team was compiled composed of botanists, biologists, zoologists, archaeologists and engineers. The team made a precise inventory of the environment. A plan evolved to preserve the "open space" of Collin County with a blending of special interests, a balancing of private interests and public needs. In April 1986, after two years of study, public meetings, work and negotiations, a plan was presented to the Commissioner's Court. It was approved. The Plan provided strategies for preserving the County's farmland. The Plan identified economical, viable ways the land could be kept as an agricultural or open-spaced resource. The plan is not anti-development but encourages development on land not suited for agriculture. Councilwoman Henley distributed newspaper articles from other localities in Virginia relative growth management issues. (Said articles are hereby made a part of the record.) - 4 - C 0 N C E R N S 0 F T H E M A Y 0 R Item # 30941 Mayor Oberndorf referenced the report presented to the NATIONAL LEAGUE OF CITIES Steering Committee on Energy, Environment and Natural Resources. This report was similar to the video previously depicted but reflecting the entire world:, i.e., destruction of rain forest, erosion of the shoreline and absolute loss of land mass. One of the representatives from Missouri displayed a bag manufactured from corn. These bags are biodegradable. They disintegrate in a landfill. The Missouri Corn Growers Association and the Missouri Corn Merchandising Council are working hard to find new markets and uses for the corn and biodegradable plastics were identified as a potential new use at the National Corn Growers Association in 1987. - 5 - C IT Y C 0 UN C I L C ON C E R N S Item # 30942 Councilwoman Henley requested the FY 1989-1990 OPERATING BUDGET SCHEDULE reflect April 18, 1989, as a PUBLIC HEARING for the FY 1989-190 OPERATING BUDGET not CITY/SCHOOL BUDGET. ITEM # 30943 Councilman Heischober referenced the April 24, 1989, CITY COUNCIL WORKSHOP of the FY 1989-1990 OPERATING BUDGET. This is an evening meeting with a large Planning Agenda. City Council will discuss further the possible RESCHEDNING of same. ITEM # 30944 Councilman Moss requested the City Manager provide the status of the noise abatement issue in compliance with the State. - 6 - ITEM # 30945 The INFORMAL SESSION ot the VIRGINIA BEACH CITY COUNCIL was called to order by Mayor Meyera E. Oberndorf in the Conference Room, City Hal I Bul Iding, on Monday, March 27, 1989, at 4:35 P.M. Oounci I Members Present: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. WClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Absent: None - 7 - ITEM # 30946 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purposes: 1. PERSONNEL MATTERS: Discussion or consideration of employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of public officers, appointees or employees. 2. PUBLICLY HELD PROPERTY: Discussion or consideration of the condition, acquisition or use of real property for public purpose, or of the disposition of publicly held property, or of plans for the future of an institution which could effect the value of property owned or desirable for ownership by such institution. 3. LEGAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants or attorneys, pertaining to actual or potential litigation, or other legal matters within the jurisdiction of the public body pursuant to Section 2.1-344 (a) (6). Upon motion by Councilman Heischober, seconded by Councilman Sessoms, City Council voted to proceed into EXECUTIVE SESSION. Voting: 11-0 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, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 8 - F 0 R M A L S E S S I 0 N VIRGINIA BEACH CITY COUNCIL March 27, 1989 6:00 P.M. Mayor Meyera E. Oberndorf cal led to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Counci I Chambers, City Hal I Bui Iding, on @nday, March 27, 1989, at 6:00 P.M. Council Members Prcsent: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Mos5, Mayor %yera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Absent: None INVOCATION: Reverend James E. Powell, Jr. Charity United Methodist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA 9 Item III-D.1 INTRODUCTION ITEM # 30947 ADD-ON Councilinan Balko introduced Betty J. Walker, Artistic Director and Virginia Bogstead, VIRGINIA BEACH COMMUNITY BALLET COMPANY. The VIRGINIA BEACH COMKUNITY BALLET COMPANY is celebrating its Fifteenth Birthday. The VIRGINIA BEACH COMMUNITY BALLET COMPANY extended its appreciation to the City of Virginia Beach through the Virginia Beach Arts and Humanities Grant Program. The VIRGINIA BEACH COMMUNITY BALLET COMPANY will be appearing at the Pavilion Theater on April Eighth and Ninth with the Virginia Beach Community Theatre, the Virginia Beach Community Orchestra and professional dancers from the New York City Ballet. Betty Walker extended invitations to the City Council to be their guests and presented Roses to Mayor Oberndorf. The ladies provided dessert from The Sugar Plum Bakery to City Council Members during their earlier Session. - 10 - Item 111-D.2. INTRODUCTION ITEM # 30948 ADD-ON Mayor Oberndorf introduced Boy Scout Troop 60 of First Presbyterian Church with Scoutmaster Frank Ventrelli. Tbe Scouts are in attendance to earn merit badges for Citizenship and Community Service Item Ill-D.3. MINUTES ITEM # 30949 Upon motion by Councilman Heischober, seconded by Councilwornan Henley, City Council APPROVED the MINUTES of the INFORMAL AND FORMAL SESSIONS of March 20, 1989. Voting: 11-0 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, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 12 - Item Ill-E.I. RESOLUTION/ORDINANCES ITEM # 30950 Tom Evans, 309 Founta i n Dr i ve, Phone: 425-0483, the app I i cant represented h i s w i f e and h i mse 1 f . Tom Evan s w! shed to bu i I d a garage to house both h i s personal automobiles and special interest automobiles. Upon mot ion by Counc 1 1 man Ba I ko, seconded by Vi ce %yor Fentress, Ci ty Counc i I DENIED: Resolution authorizing the en I a rgernent of the nonconforming use and structure located at 309 Fountain Drive property of Thomas R. Evans and Pamela J. Evans, husband and wife. Appl ication of Thomas R. Evans for a change in a nonconforming use on property located at 309 Founntain Drive. Said parcel contains 37,884 square feet. LYNNHAVEN BOROUGH. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice %yor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor %yera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 13 - Item III-E.2. RESOLUTION/ORDINANCES ITEM # 30951 Attorney Robert Cromwell, Pembroke One, Phone: 499-8971, represented the applicant Thomas David Wright, Engineer, represented the applicant Upon motion by Councilman Moss, seconded by Vice Mayor Fentress, City Council ADOPTED: Ordinance authorizing and directing the City Manager to execute a Deed of Easement to C & P Telephone Company. The structure will be adjacent and similar to the existing pump station No personnel will be stationed at the site No materials hazardous to the environment are to be installed or stored. Councilman Moss requested the green junction box at the driveway near the street edge be examined with the City's Landscaping recommendations to create a neater appearance. Voting: 10-0 Council Members Voting Aye: John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Abstaining: Albert W. Balko Council Members Absent: None *Councilman Balko ABSTAINED as he is retired from Chesapeake & Potomac Telephone Company. 1 -AN ORDINANCE AUTHORIZING AND DIRECTING 2 THE CITY MANAGER TO EXECUTE A DEED OF 3 EASEMENT TO C&P TELEPHONE COMPANY 4 5 6 WHEREAS, the City of Virginia Beach owns a public 7 utility sewer pump station site (hereinafter the I'sitell) at the 8 corner of Silverleaf Drive and Greeh Meadows Drive in the City of 9 Virginia Beach, as more particularly shown on the attached plat; 10 and 11 WHEREAS, C & P Telephone Company (hereinafter 'IC&Pll) 12 has requested that it be granted an easement as shown on the plat 13 to construct a communication facilitating system on the site; and 14 WHEREAS, City staff has reviewed this request and 15 recommends that it be granted in accordance with the terms and 16 conditions referenced in the deed of easement: 17 18 NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE 19 CITY OF VIRGINIA BEACH, VIRGINIA: 20 The City Manager is hereby authorized and directed to 21 execute a deed of easement, in substantially the form attached 22 hereto, granting an easement to C&P for the purpose of 23 constructing a communication facilitating system. 24 25 Adopted by the City Council of the City of Virginia 26 Beach, Virginia, on the 27 day of March 1989. 27 28 KJC/dhh 29 03/20/89 30 DEEDEASE.ORD 31 APPRO\IED lo, co@- SIGNA@P,E DEPAIZTMENT 'APPRO'VED AS TO LEGAD SUFFICIENCY AND FORM THIS DEED OF EASEMENT made this 28th day of br ar 1989, by and between THE CITY OF VIRGINIA BEACH, a municipal corporation in the Commonwealth of Virginia, party of the first part, and THE CHESAPEAKE AND POTOMAC TELEPHONE COMPANY, a Virginia corporation, party of the second part. That for and in consideration of the premises and the benefits accruing or to accrue to the party of the first part' and other good and valuable consideration, the party of the first part does hereby grant and convey or release its respective interest, in and to the hereinafter described easement area, to the party of the second part, and/or its successors and assigns, to construct, reconstruct, alter, operate and maintain a communication facilitating system consisting of a building, necessary electric service, telephone cables, posts, terminals location markers and such other appurtenances as party of the second i?art may require in, under, upon and across lands and property of the party of the first part, including the right of ingress and egress to the same, described as follows: ALL THAT certain piece or parcel of land shown as a Utility Easement containing 1750 square feet on the PLAT SHOWING EASEMENT HEREBY GRANTED FROM THE CITY OF VIRGINIA BEACH TO THE CHESAPEAKE AND POTOMAC TELEPHONE CO. OF VA. BEING PART OF "PUMPING STATION SITE" LARKSPUR MEADOWS SECTION 3, M.B. 120 P. 24, KEMPSVILLE BOROUGH, VIRGINIA BEACH, VA. a copy of which is attached hereto as Exhibit "A". The easement is more particularly described as beginning at a point on the northern right of way line of Green MeadOWS Drive (formerly Timberlake Drive) at the southwestern most corner of the "Pumping Station Site" Larkspur Meadows Section 3, and from said point of beginning north 061 03' 30" east, 70.00 feet to a point; thence south 83- 56, 30" east, 25.00 feet to a point; thence south 06- 03, 30"' west, 70.00 feet to a point on the northern right of way lin of Green Meadows Driv thence e north 83- 56- 30- west, 25.00 to the point of beginning. It is agreed between the parties hereto that the party of the second part and its agents, assigns, and/or successors shall have the right to inspect the said easement and to cut and clean all undergrowth and other obstructions in and along the said easement 0tr 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 it is seized in fee simple of the said property; that it has the right to convey the .same unto the said party of the second part; that the party of the second part shall have quiet and peaceable possession of the same, free from all encumbrances; and, that the party of the first part will execute such further assurances of title as may be requisite. The party of the first part herein shall not be responsible for: Any damages to property or injuries to persons that may arise from or be incident to the use and occupation of the said premises; for any injuries to any other 2 persons or their property on said premises at the invitation of the party of the second part; and, the party of the second part shall hold the party of the first part harmles@ from any and all such claims. Additionally, the party of the first part shall not be responsible for damages to property or injuries to persons which may arise from or be incident to the construction, maintenance, and use of the easement or improvements thereon. The party of the second part COVENANTS to maintain the easement in good repair so that no unreasonable damage will result from its use to the adjacent land of the party of the first part, their successors and assigns. The partytof the second part FURTHER COVENANTS that the architecture of the communications facilitating system shall be the same as the adjacent city pump station, including, but not limited to, brick color and roof color. It is the intent of the parties that this easement be granted for a period of forty (40) years, however, in the event the party of the second part abandons the easement, party of the second part warrants that, if requested to do so by party of the first part, it will remove any improvements made by it to the property and restore the premises to its original condition. The grant and other provisions of this easement shall constitute a covenant running with the land for the benefit of the party of the second part, its successors and assigns. 3 TO CONTENTS TURE IN WITNESS WHEREOF, the parties have executed this MENT nt. S TO LEGAL AND FORM CITY OF VIRGINIA BEAC8, VIRGINIA By: Aubrey V. watts, Jr. Attest: City Manager Ruth Hodges Smith, City Clerk THE CHESAPEAKE AND POTOMAC TELEPHONE COMPANY OF VIRGINIA By: 2m@. c..W Martin E. Warrington C-) STATE OF VIRGINIA Manager D.S.D.C. CITY OF VIRGINIA BEACH, to-wit: 1, , a Notary Public in and for the City and State aforesaid, do hereby certify that Aubrey V. Watts, Jr., City Manager for THE CITY OF VIRGINIA BEACH, whose name is signed to the foregoing writing, bearing date the _ day of - 1989, has acknowledged the same before me in my City and State aforesaid. Given under my hand this day of 1989. Notary Public My Commission Expires: 4 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: 1, a Notary Public in and for the City and State aforesaid, do hereby certify that Ruth Hodges Smith, City Clerk for THE CITY OF VIRGINIA BEACH, whose name is signed to the foregoing writing, bearing date the day of 1989, has acknowledged the same before me in my City and State aforesaid. Given under my hand this day of 1989. Notary Public My Commission Expires: t STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: i, Luther M. Ilester a Notary Public in and for the City and State aforesaid, do hereby certify that Martin E. Warrington I @lanager D.S.D.C. I for THE CHESAPEAKE AND POTOMAC TELEPHONE COMPANY OF VIRGINIA, whose name is signed to the foregoing writing, bearing date the 28 day of February 1989, has acknowledged the same before me in my City and State aforesaid. Given under my hand this 23 day of February 19 89 Notary Pu4li6 My Commission Expires: 20 November, 1990 5 APPROVED aj DEPT OF PUBLIC U fii!S PLAT IS BASED ON A CURRENT 4PPROVE FIELD S[JRVEY. D GPIN 1476-75-0619 OEPT IOF PUB4@ WORKS MS 120 P24 N 830 56' 30"W 8 9.3 2' 6 4.32' C) LU 'O rn n EXIST 0 0 0 PUMP LLJ STATION -i zt ft 09 10 LLI MB 120 P24 R- Lz 2 @00 4 4.3 2' 1 N 83'56'30" W 69.32' GREEN MEADOWS DR. (60'RIW) (FORMERLY TIMBERLAKE DR. MB 120 P 24) PLAT SHOWING EASEMENT TO BE GRANTED FROM THE CITY OF VIRGINIA BEACH TO THE CHESAPEAKE AND POTOMAC TELEPHONE CO. OF VA. BEING PART OF "PUMPING STATION SITE" LARKSPUR MEADOWS SECTION 3 M.B.120 P.24 KEMPSVILLE BOROUGH VIRGINIA BEACII, VA. SCALE I"=20- DECEMBLP 13, 1988 REV: 2/01/89. REV: 3/15/89 20 0 20 40 l@=20' scale f eat GALLUP SURVEYORS a ENGINEERS, L TD. 315 FIRSTCOLONIAL ROAD VIRGINIA BEACH, VIRGINIA 23454 I&J COLU..'.. FB- P- OF PUOLIC UTI @,PMNT API VED DEPTIOF PUB@IC WORKS GPIN 1476-75-0619 ma 120 P 24 N 830 56'30'W 89.32' 6!;. 32' U- z o: ui UB 120 P24 44,32' N 83'56',30" W 69.,32' GREEN MEADOWS DR. (60'RIW) (FORMERLY TIMBERLAKE DR. MB 120 P 24) PLAT SHOWING EASENENT TO BE GRANTED FROM THE CITY OF VIRGINIA BEACH TO THE CHESAPEAKE AND POTOMAC TELEPHONE CO. OF VA. BEING PART OF "PUMPING STATION SITE" LARKSPUR MEADOWS SECTION 3 K.B.'420 P.24 KEMPSVILLE BOROUGH VIRGINIA BEAC[I, VA. SCALE 1"=20' DECEMBER 13, 1988 REV: 2/01/89. REV: 3/15/89 0 20 40 20 f =20' - feet, SAL.L.UP SURVEYORS a ENGINEERS, L TD. 315 F)RST COLONAL ROAD VIRGINIA BEACH, VIRGINIA 23454 "j COLUMBIA. MO. - 14 - Item Ill-E.3. RESOLUTIOWORDINANCES ITEM # 30952 Attorney Charl es Sallel , 192 Bal la rd Court, Phone: 490-3000, represented the applicant OPPOSITION: Wi 1 1 lam L. Dud l ey, Jr. , 4328 Al friend s Trai I , Phone: 490-3833, represented the residents of Altriends Trail Upon motion by Counci Iman Heischober, seconded by Counci lman Perry, City Council ADOPTED: Ordinance to authorize a temporary encroachment into a portion of the rights-of-way of Donation Drive and Alfriends Trail to Rufus A. Jones, his heirs, assigns and successors in title. The following conditions shall be required: 1. The owner agrees to remove the encroachment when notified by the City of Virginia Beach, at no expense to the City. 2. The owner agrees to keep and hold the City free and harmless of any liability as a result of the encroachment. 3. The owner agrees to maintain said encroachment so as not to become unsightly or a hazard. 4. The owner must submit, and have approved, a traffic control plan before commencing work within the City's right-of-way. 5. Prior to any construction within the existing public right-of-way, the owner or his agent shall obtain a pertn i tfrom the Highway Inspections Bureau. 6. Prior to issuance of a Highway permit, the owner or his agent must post a Perfonnance Bond and show proof of public liability (minimum $300,000). 7. No open cut of a public roadway shall t>e allowed except under extreme circumstances; such exceptions shall be submitted to the Highway Division for final approval. 8. Owner agrees to connect to sanitary sewer facilities when they become available. 9. Owner agrees to coordinate the installation of the proposed private sanitary sewer with the owner of Parcel A as shown on Attachment #2 titled "Parcel A, Donation Shores for Captain A. T. Nicholson", as to cause only one open cut in the pavement of North Witchduck Road. 10. Owner agrees to restore the rights-of-way to their original condition. - 15 - Item III-E.3. RESOLUTION/ORDINANCE ITEM # 30952 (Continued) Voting: 11-0 Counci I Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McC[anan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None C)ouncil Members Absent: None Requested by Department of Public Works 1 AN ORDINANCE TO AUTHORIZE 2 A TEMPORARY ENCROACHMENT 3 INTO A PORTION OF THE 4 RIGHTS-OF-WAY OF DONATION 5 DRIVE AND ALFRIENDS TRAIL 6 TO RUFUS A. JONES, HIS HEIRS, 7 ASSIGNS AND SUCCESSORS IN TITLE 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 That pursuant to the authority and to the extent 11 thereof contained in Section 15.1-893, Code of Virginia, 1950, as 12 amended, Rufus A. Jones, his heirs, assigns and successors in 13 title is authorized to construct and maintain a temporary 14 encroachment into the rights-of-way of Donation Drive and 15 Alfriends Trail. 16 That the temporary encroachment herein authorized is 17 for the purpose of constructing and maintaining two 211 diameter 18 sanitary force mains to serve Lots 16 and 29, as shown on that 19 certain plat entitled Subdivision of Donation Shores found at Map 20 Book 71, at Page 25, in the City of Virginia Beach, and that said 21 encroachment shall be constructed and maintained in accordance 22 with the City of Virginia Beach Public Works Department's 23 specifications as to size, alignment and location, and further 24 that such temporary encroachment is more particularly described 25 as follows: 26 An area of encroachment into a 27 portion of the City's rights-of-way 28 known as Donation Drive and 29 Alfriends Trail as shown on that 30 certain plat entitled: 11211 SAN. 31 FORCE MAIN ENCROACHMENTS FOR RUFUS 32 A. JONES JULY 27, 1988,11 and also 33 shown on that certain plat 34 entitled: "SANITARY SEWER AND 35 WATER PLAN OF PARCEL A, DONATION 36 SHORES FOR CAPTAIN A. T. NICHOLSON 37 BAYSIDE BOROUGH VIRGINIA BEACH, 38 VIRGINIA," copies of which are on 39 file in the Department of Public 40 Works and to which reference is 41 made for a more particular 42 description. 43 PROVIDED, HOWEVER , that the temporary encroachment 44 herein authorized shall terminate upon notice by the City of 45 Virginia Beach to Rufus A. Jones, his heirs, assigns and 46 successors in title and that within thirty (30) days after such 47 notice is given, said encroachment shall be removed from the 48 city's rights-of-way of Donation Drive and Alfriends Trail and 49 that Rufus A. Jones, his heirs, assigns and successors in title 50 shall bear all costs and expenses of such removal. 51 AND, PROVIDED FURTHER, that it is expressly understood 52 and agreed that Rufus A. Jones, his heirs, assigns and 53 successors in title shall indemnify and hold harmless the City of 54 Vi.rginia Beach, its agents and employees from and against all 55 claims, damages, losses and expenses including reasonable 56 attorney's fees in case it shall be necessary to file or defend 57 an action arising out of the l,ocation or existence of such 58 encroachment. 59 AND, PROVIDED FURTHER, that this ordinance shall not be 60 in effect until such time that Rufus A. Jones executes an 61 agreement with the City of Virginia Beach encompassing the 62 aforementioned provisions. 63 Adopted by the Council of the City of Virginia Beach, 64 Virginia, on the 27 day of March 19 89 65 JAS/jls 66 03/15/89 67 CA-89-3218 68 (ordin\noncode\jones.ord) 2 THIS AGREEMENT, made this day of 19@ by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, party of the first part, and RUFUS A. JONES, HIS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, party of the second part. W I T N E S E T H: That, WHEREAS, it is proposed by the party of the second part to construct and maintain two 211 diameter sanitary force mains to serve Lots 16 and 29, as shown on that certain plat entitled Subdivision of Donation Shores found at Map Book 71, at Page 25, in the city of virginia Beach; and WHEREAS, in constructing and maintaining such force mains, it is necessary that the said party of the second part encroach into a portion of an existing City rights-of-way known as Donation Drive and Alfriends Trail; and said party of the second part has requested that the party of the first part grant a temporary encroachment to facilitate such force mains within a portion of the City's rights-of-way known as Donation Drive and Alfriends Trail. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the party of the second part and for the further consideration of one Dollar ($1.00), in hand paid, to the said party of the first GPIN part, receipt of which is hereby acknowledged, the party of the first part doth grant to the party of the second part a temporary encroachment to use a portion of the City's rights- of-way known as Donation Drive and Alfriends Trail for the purpose of constructing and maintaining such force mains. It is expressly understood and agreed that such temporary encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City of Virginia Beach Public Works Department's specifications and approval as to size, aligrlment and location and is more particularly described as follows, to wit: An area of encroaclunent into a portion of the City's rights-of-way known as Donation Drive and Alfriends Trail as shown on that certain plat entitled: 11211 SAN. FORCE MAIN ENCROACHMENTS FOR RUFUS A. JONES JULY 27, 1988,11 and also shown on that certain plat entitled: "SANITARY SEWER AND WATER PLAN OF PARCEL A, DONATION SHORES FOR CAPTAIN A. T. NICHOLSON BAYSIDE BOROUGH VIRGINIA BEACH, VIRGINIA," copies of which are attached hereto and to which reference is made for a more particular description. It is further expressly understood and agreed that the temporary encroachment herein authorized shall terminate upon notice by the City of virginia Beach to the party of the second part, and that within thirty (30) days after such notice is given, such temporary encroachment shall be removed from the City's rights-of-way known as Donation Drive and Alfriends Trail by the party of the second part; and that the party of 2 the second part shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the party of the second part shall indemnify and hold harmless the City of Virginia Beach, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of such temporary encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge such permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the party of the second part. It is further expressly understood and agreed that the party of the second part must submit and have approved a traffic control plan before commencing work in the City's rights-of-way. It is further expressly understood and agreed that the party of the second part agrees that no open cut of the public roadway shall be allowed except under extreme circumstances. Such exceptions shall be submitted to the Highway Division, Department of Public Works, for final approval. 3 it is further expressly understood and agreed that the party of the second part must obtain a permit from the Highway Inspections Bureau prior to commencing any construction within the City's rights-of-way. It is further expressly understood and agreed that prior to issuance of a Highway permit, the party of the second part must post a Performance Bond and show proof of public liability insurance of a minimum of Three Hundred Thousand Dollars ($300,000.00). It is further expressly understood and agreed that the party of the second part connect with sanitary sewer facilities when they become available, within the time stipulated by the City and that plans must be submitted to the Department of Public utilities for review. It is further expressly understood and agreed that the party of the second part agrees to coordinate the installation of the proposed private sanitary sewer with the owner of Parcel A as shown on that certain plat entitled "Sanitary Sewer And Water Plan Of Parcel A, Donation Shores for Captain A. T. Nicholson," as to cause only one open cut in the pavement of North Witchduck Road. It is further expressly understood and agreed that the party of the second part agrees to restore the rights- of-way to their original condition. 4 It is further expressly understood and agreed that the party of the first part, upon revocation of such authority and permission so granted, may remove any such encroachment and charge the cost thereof to the party of the second part, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the party of the second part to remove such temporary encroachment; and pending such removal, the party of the first part may charge the party of the second part compensation for the use of such portion of the City's rights-of-way encroached upon the equivalent of what would be the real property tax upon the land so occupied if it were owned by the party of the second part; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the city shall impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that such encroachment is allowed to continue thereafter, and shall collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. CITY OF VIRGINIA BEACH By City Manager (SEAL) ATTEST: City Clerk 5 By Rdfut A. J@es STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, a Notary Public in and for the City and State aforesaid, do hereby certify that AUBREY V. WATTS, JR., City Manager for the CITY OF VIRGINIA BEACH, whose name is signed to the foregoing Agreement bearing date on the day of -, 19 has acknowledged the same before me in my City and State aforesaid. GIVEN under my hand this _ day of 19 Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, a Notary Public in and for the City and State aforesaid, do hereby certify that RUTH HODGES SMITH, City Clerk for the CITY OF 6 VIRGINIA BEACH, whose name is signed to the foregoing Agreement bearing date on the day of 19 -1 has acknowledged the same before me in my City and State aforesaid. GIVEN under my hand this _ day of 19 Notary Public My commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: 1, a Notary Public in and for the City and State aforesaid, do hereby certify that Rufus A. Jones, whose name is signed to the foregoing writing, bearing date the day of 19 has acknowledged the same before me in my City and State aforesaid. Given under my hand this day of 41 19@ Notary Public My Commission Expires: AS TO CONTEN is r, UMO, JAS/ih; IGNATUKE 09/13/88 DF-2020 (encroach\jones.agr) EPARTMENT 7 APPROVED AS TO LEC-AL SUFFICIENCY AND 'r-C,R.M CITY ATTO' TE LOCATION MAP A'F'FACliMfNT L-T PVIL DoNi,noN 2" SAN. FORCE MAIN ENCROACHMENTS FOR, RUFUS A. JO.NES JULY 27.1988 ATRACI[MENT #2 CK t4oR f VA SAMIT.RY 5E.ER A.0 WATER PLAN Of PARCEL A. DONATION StiORES FOR CAPTAIN A. T. NICHOLSON O.YSIDE BOROUGH VIRGINIA BEACH. V.PG..IA ..@.AT... IT.. ..AC., V..G ... A '75 - 16 - Item ITI-F. CONSENT AGENDA ITEM # 30953 Upon motion by Councilwoman Henley, seconded by Councilwoman Parker, City Council APPROVED in ONE MOTION Items, 1, 2, 3, 5, and 6 of the CONSENT AGENDA. Item III-F.4 was voted upon separately Voting: 11-0i@ 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*, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None *Councilman Moss voted a VERBAL NAY on Ttems 111-F.5 and III-F.6 of the CONSENT AGENDA. - 17 - Item III-F.l. CONSENT AGENDA ITEM # 30954 Upon motion by Councilwoman Henley, seconded by Councilwoman Parker, City Council ADOPTED upon SECOND READING: Ordinance authorizing the issuance of Water and Sewer Revenue Bonds of the City of Virginia Beach in the maximum amount of $735,000. Voting: 11-0 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, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None 1 AN ORDINANCE AUTHORIZING THE ISSUANCE 2 OF WATER AND SEWER REVENUE BONDS OF 3 THE CITY OF VIRGINIA BEACH IN THE 4 MAXIMUM AMOUNT OF $735,000 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 7 BEACH, VIRGINIA: 8 1. It is hereby determined to be necessary and 9 expedient for the City of Virginia Beach, Virginia (the City), to 10 continue its program of improving and extending its water and 11 sewer system (the System) which will promote the public welfare 12 of the City and its inhabitants and will facilitate the orderly 13 growth, development, and general welfare of the City, and to 14 finance the costs thereof through the borrowing of $735,000 and 15 issuing the City's revenue bonds therefor. 16 2. Pursuant to the City Charter and the Public Finance 17 Act, there are hereby authorized to be issued water and sewer 18 system revenue bonds of the City in the maximum amount of 19 $735,000 to provide funds, together with other available funds, 20 for financing the costs of improvements to the System. 21 3. The bonds shall bear such date or dates, mature at 22 such time or times not exceeding 40 years from their dates, bear 23 interest at such rate or rates not to exceed 15% per year, be in 24 such denominations and form, be executed in such manner and be 25 sold at such time or times and in such manner as the City Council 26 may thereafter provide by appropriate resolution or resolutions. 27 4. The System is an undertaking from which the City 28 may derive a revenue. The bonds shall be limited obligations of 29 the City, payable as to principal, premium, if any, and interest 30 solely from the revenues derived by the City from the System and 31 shall not be included within the otherwise authorized indebted- 32 ness of the City. The bonds shall not be deemed to create or 33 constitute an indebtedness of or a pledge of the faith and credit 34 of the Commonwealth of Virginia or of any county, city, town, or 35 other political subdivision of the commonwealth, including the 36 City, and shall so state on their face. The issuance of the 37 bonds and the undertaking of the covenants, conditions, and 38 agreements to be contained in resolutions to be adopted or 39 agreements to be entered into hereafter shall not directly, 40 indirectly, or contingently obligate the Commonwealth, the City 41 or any other political subdivision of the Commonwealth to levy 42 and collect any taxes whatsoever or make any appropriation 43 therefor, except from the revenues pledged to the payment of the 44 principal of and premium, if any, and interest on the bonds. 45 5. Such resolutions to be adopted and agreements to be 46 entered into hereafter authorizing the issuance of the bonds and 47 providing the details thereof shall contain appropriate covenants 48 requiring the City to fix, charge, and collect such rates, fees, 49 and other charges for the use of and the services furnished by 50 the System and to revise the same from time to time and as often 51 as shall be necessary so as to produce sufficient net revenues to 52 pay principal of and premium, if any, and interest on the bonds 53 as the same become due and to provide a margin of safety there- 54 for. Such resolutions and agreements shall also include such 55 additional covenants, agreements, and other terms as are custom- 56 ary for the protection of the holders of water and sewer revenue 57 obligations. 58 6. This Ordinance shall be in full force and effect 59 from its passage. 60 ADOPTED by the Council of the City of Virginia Beach, 61 Virginia, on this 27 day of March 1989. 62 APPROVED: 63 64 65 Mayor 66 67 ATTEST: 68 69 70 71 City Clerk FIRST READING: March 20, 1989 March 27, 1989 SECOND READING: 2 - 18 - Item III-F.2. CONSENT AGENDA ITEM # 30955 Upon motion by Councilwoman Henley, seconded by Councilwoman Parker, City Council ADOPTED upon SECOND READING: Ordinance to APPROPRIATE $735,000 to Project 6-993, Old Dam Neck Road/Upton Estates Sewers to alleviate a health problem. Voting: 11-0 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, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None The City Clerk advised James E. Harper, 1046 Old Dam Neck Road (Upton Estates), wished to express the appreciation of the residents. AN oRDiNANcE To APPROPRIATE IN THE AMOUNR OF $735,000 TO 6-993 OLD DAM NECK ROAD/UPION ESTATES SEWERS To TE A HEALTH PROBLEM the current capital i-inprovement program includes in the "Requested But Not @ed" section, the Old Dam Neck Road/Upton Estates Sewer project which has been identified by the local Health Department as a Class II health problem indicating potential health problems in the next five to ten y-, and WHEREAS, as a result of a recent survey by the Health Department, the pr-oject area has been reclassified and is now identified as a Class I health problein indicating iate need for sewers to prevent condenmations of dwell- irxgs which @y occur with future septic tank failur-es, and WHEREAS, the city has received wre than 51% signed petitions frcm area residents requesting city sewer service, and , the cost of the project is estimated at $735,000 with project funds to be made available through the issuance of revenue borids. NOW, RE, BE IT 0 BY IM COUNCIL OF @ CITY OF BEACH, @INIA that prc)ject 6-993 Old Dam Neck Road/Upton Estates Sewer is hereby established as a capital project and that funds in the amount of $735,000 are hereby appropriated to the project. BE IT ORDAINED that the appropriations be offset by $735,000 of estimted revenues fr-om the proceeds of water and sewer revenue bonds. This ordinance shall be effective frcm the date of its adoption. Adopted by the Council of the City of Vi@ia Beach, Virginia on the 27 day of March 1989. First Readirxg: March 20, 1989 Second Reading: March 27, 1989 - 19 - Item 111-F.3. CONSENT AGENDA ITEM # 30956 Upon motlon by C<)unci lwoman Henley, seconded by Counci lwoman Parker, City Council ADOPTED upon SECOND READING: Ordinance to APPROPRIATE $82,767 in additional State funding for the Vlrginia Beach Community Diversion Project. Voting: 11-0 Counci I Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McCianan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Oouncil Members Absent: None T A To $82,767 IN N CRD ADDITICNAL STME RMIW, FM THE -ACE @TY DIVERSICIN the ConyRunity Diversion Initiative was established by the State Department of Corrections as a mechanism for diverting -,non-violent" offenders fran incaroeration, and the number of offenders diverted froin the cc)urt system was initially targeted at seven hundred (700) ndsdemeanants and forty-five (45) felons, and the actual number of misdeneanants diverted by the progran is nine hundred forty-five (945), a progr@tic increase of 35%, and , the Adult Comunity Corrections Division of the Virginia DeparbTLent of Corrections has increased the fundirig allocation to the Virginia Beach program by $82,767 to compensate for the increased number of diversions, and , these additional funds will be needed for oontractuai support services for the Ca-unity Diversion program, for program staff state-maridated training, and for other related operational expenditures. NOW, , BE IT Eff TBE OOUNCIL OF TM CITY OF VIMINTA MM, viMMM, that additional furids in the amount of $82,767 be appropriated in support of the activities of the Virginia Beach ccmmunity Diversion Initiative Program. This ordinance shall be in effect from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the 27 day of March , 1989. March 20, 1989 First Readirig: Second Reading: March 27,-1989 - 20 - Item III-F.4. CONSENT AGENDA ITEM # 30957 The following spoke in SUPPORT: Gene Daniels, President of Virginia Beach Farm Bureau, represented the Members The following spoke in OPPOSITION: Tammy Burroughs-Dail, 2865 Seaboard Road, Phone: 721-2766 Marvin Rollins, 1521 Mill Landing Road, Phone: 426-6459 Joe E. Burroughs, 2983 Seaboard Road, Phone: 426-6035 Al Henley, 3112 Colchester Road, Phone: 426-6991 Hubert Dail, Jr., 2865 Seaboard Road, Phone: 721-2766 Upon motion by Councilwoman Henley, seconded by Councilman Baum, City Council APPROVED, upon FIRST READING, AS AMENDED*: Ordinance to APPROPRIATE $245,000 for Growth Management Related Studies, such funding to be provided from ending balances. "The word "issue" shall be changed to "issues" in the third paragraph after the words "WHEREAS, additional work is needed to further pursue the issues.." The words "Purchase of Development Rights" shall be added after "...Transferrable Development Rights" in the third paragraph. A maximum amount of $245,000 shall be appropriated. Voting: 10-1 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: Reba S. McClanan Council Members Absent: None AN ORDINANCE TO APPROPRIATE A MAXIMUM OF $245,000 FOR GROWTH MANAGEMENT RELATED STUDIES, SUCH FUNDING TO BE PROVIDED FROM ENDING BALANCES WHEREAS: The City Council desires that interim regulations addressing growth below the Green Line be developed; WHEREAS: City Counci I desires that a long-term growth management strategy for the area below the Green Line be developed in conjunction with the overall update of the Comprehensive Plan; WHEREAS: Additional work is needed to further pursue the issues of Transferrable Development Rights and Purchase of Development Rights; WHEREAS: Such studies will be coordinated with various land use and economic analysis previously performed; WHEREAS-. A proposal to perform consulting services has been received and is deemed acceptable and appropriate; and, WHEREAS: Funds are available in the undesignated year-end balance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That f unds i n the maximum amount of $245,000 be appropriated to the General Fund for growth management studies; and, that the City Manager is authorized to enter into such contracts that are necessary to fullfil the intent of these studies. This Ordinance shall be in effect frorn the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 1989. FIRST READING: -March 27, 1989 SECOND READING: 21 - Item III-F.5. CONSENT AGENDA ITEM # 30958 Upon motion by Councilwoman Henley, seconded by Councilwoman Parker, City Council ADOPTED: Ordinance appointing viewers in the petition of Jerry C. Seay for the closure of a portion of Windsor Crescent (Bayside Borough). The Viewers are: David Grochmal Director of General Services C. Oral Lambert Director of Public Works Robert J. Scott Director of Planning Voting: 10-1 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, flarold Heischober, Barbara M. Henley, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: John D. Moss Council Members Absent: None *Verbal Nay ORDINANCE APPOINTIN ERS WHEREAS, Mr. Jerry C. Seay has given due and proper notice, in accordance with the statutes for such cases made and provided that he will on the 27th day of rch , 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 portions of those certain streets 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 J. Scott and David Grochmal are hereby appointed to view the below described property and report in writing to the Council on or before 1 1989, whether in their opinion, any, and if any, what inconvenience would result in the discontinuing and vacating of portions of those certain streets of variable width located in the City of Virginia Beach, Virginia, and more particularly described as follows: THAT CERTAIN portion of Windsor Crescent (unimproved), described by beginning at a point on the northern right-of-way line of Jefferson Boulevard at the southwestern most corner of Lot 6, Block 57, Plat of Ocean Park, Section C (MB 5, page 195), thence in an easterly direction along the northern right-of-way line of Jefferson Boulevard along the arc of a curve having a radius of 2599.15 feet, an arc distance of 70.01 feet to the TRUE POINT OF BEGINNING, thence following the lot line of Lot 6 along the arc of a curve having a radius of 30.00 GUY, CROMWELL, BETZ feet, an arc distance of 6 5 . 13 feet to a & LUSTIG, P,C, point; thence following the lot line of Lot 6 along the arc of a curve having a radius of 214.08 feet, an arc distance of 80.56 feet to a point; thence north 451 07' 16" east, 24.67 feet to a point in the center of Windsor Crescent; thence along the center line of Windsor Crescent south 22- 01' 47" east, 4 3 . 58 f eet to a point; thence, following the center line of Windsor Crescent in a southerly direction along the arc of a curve having a radius of 234.08 feet, an arc distance of 85.34 feet to a point; thence following the center line of Windsor Crescent in a southerly direction along the arc of a curve having a radius of 88.78 feet an arc distance of 28.85 feet to a point on the northern right-of-way line of Jefferson Boulevard; thence in a westerly direction along the northern right-of-way line of Jefferson Boulevard along the arc of a curve having a radius of 2599.15 feet an arc distance of 66.86 feet to the TRUE POINT OF BEGINNING, as shown on that "PLAT OF PROPOSED STREET CLOSING OF A PORTION OF WINDSOR CRESCENT, AN UNIMPROVED STREET, ADJOINING LOT 6, BLOCK 57, FOR JERRY C. SEAY" located in the Bayside Borough, Virginia Beach, Virginia, dated February 14, 1989, and prepared by Aygarn Associates, P.C. All of the above as shown upon that certain plat entitled, PROPOSED STREET CLOSING OF A PORTION OF WINDSOR CRESCENT, AN UNIMPROVED STREET, ADJOINING LOT 6, BLOCK 57, FOR JERRY C. SEAY, which plat is attached hereto and made a part hereof and is intended to be recorded with the Ordinance closing the aforedescribed street. Adopted: March 27, 1989 --o co@l; -,,- @ @,T GUY, CROMWELL, BETZ & LUSTIG, P.C. .TT.@@.l@ T l@. 0954i -2- AFFIDAVIT Chesapeake Post 1024 Battlefield Boulevard Chesapeake, Virginia 23320 State of Virginia City of Chesapeake, to-wit: This day AY4,e@,A I , 'F, t-- - V/, , ' - personally appeared before md and after'f)elng duly sworn made oath that: (1) (He)(She) is affidavit clerk of a newsp@per published by Byerly Publications, in the City of Chesa0eake, State of Virginia; (2) That the advertisement hereto annexed of Industrial Development Authority has been published in said newspaper on the following dates: and Dated: 4)yltZctj .1989 Affiant Subscribed and sworn to before me in my city and state aforesaid this day of , 1989. My commission expires: 9.,f Nota@y P@li@ THAT CERTAIN portion of Windsor Crescent (unimproved), thencc in a north dcscribed by beginning at a point westerly direction on the northem right-of-way li- of PLEASE TAKE NOTICE, that along the arc of a curve having a Jefferson Boulevard at the south- at the mccting Of the City Council radius of 20.00 feet an arc distancc wcstern most corner of Lot 6, of the City o of 38.80 fm to a point; thence in a ,, k 57, Plat of Ocean Park, Sec- f Virginia Beach, Vir- weslerly dircction along Lhe arc of a -'oc ginia, to be held on the 27th day of ciurve having a radius of 162.50 tion C (MB 5, page 195), thcnce in March, 1989, at 6:00 P.M., al the ail casterly direction along the City Hall of the City of Virginia feet, an arc distancc of 145.12 fect them right-of-way linc of Jeffer- Beach, at Princess Anne, to a point; thcnce in a southwest- nor the under- erly direction along the' arc of a seii Boulevard along thc arc of a signed will pelifion the Cou,cil fr curve having a radius of 2599.15 the appointment of Viewers to viow curve having a radius of 20.00 feet, fcci, an arc dislance of 70.01 fect to -described portion of a TRUE POINT OF BEGINNING, as GIN- thv below an arc dislance of 36.89 feet to the the TRUE POINT OF BE certain slrcet and tO fcporl to the depicted on Lhat "PLAT SHOWING NING, thence following the lot line City Council whcther in the opin- PROPOSED STREET CLOSURE of Lot 6 along the arc of a curve ion of the Viewers, what, if any, OF A PORTION OF SHORE having a radius of 30.00 fect, an arc inconvcnience would result from DRIVE (UNINTROVED), Baysidc distance of 65.13 feet to a point; the vacating, closing and di - Borough, Ih@nc@ following the lot linc of Lot scontin VIRGINIA BEACH, along the arc of a curve having a uance of same, the said portions of datcd 12-7-1988 as revised 2-23-89, .,@dius of 214.08 fect, an arc dis- said streets being described a, fol- prcparcd by@G.F. Sutton and Asso- " ce of 80.56 feet to a point; lows: ciates. tan THAT CERTAIN unimprov,(f At tbat timc, anyone affected may LhCncc norlh 45* 07' 16" cast, 24.67 portion Of SHORE DRIVE appcar and be hcard. fect to a point in the center of (formerly Lynnhaven Boulevard) After the rcport of the Viewers is Windsor Crescent; thence along the abbutting part of Blo,k 35, Section@ received, at the next regular mecung center line of Windsor Crescent of the City Council, or as soon to a point; thence, following thc D, Ocean Park, bcing dcscribcd by south 22@ 01' 47" east, 43.58 feet refcrence to a point t the south thereafter as the matter may bc center line of Windsor Crescent in a Western comer of a Parcel desc,ibd placcd on the agenda, the under- southerly direction along the arc of as PART OF BLOCK 35, SEC- signcd will Petition thc City a curve having a radius of 234.08 TION D, OCEAN PARK as hown Council to vacatc, close and feet, an arc dislance of 85.34 fcct to on die Plant cntitied RESUBDIVI- discontinue the portion of that @ point; thence following the ccnter SION OF PART OF BLOCK 35, strcct in the City of Virginia Bcach, @.nc of Windsor Crescent in a SECTION D,'OCEAN PARK for Virginia, described above. southerly direction along the arc of F. WAYNE MC LESKEY, JR. MR. F. WAYNE MC LESKEY, a curvc having a radius of 88.78 (D.B. 2708, P. 725) and procceding JR. feet an arc distance of 28.85 fcct to from said rcference point in a R. Edward Bourdon, It., Esquirc a point on the northern right-of-way n-therly direcaon along the castem GUY, CROMWELL, BETZ & linc of Jefferson Boulevard; thence ,,,-%,wa line of Ocean Tides LUSTIG, P.C. rig" y in a wcsterly direction along the Dr. lowing tlie arc of a curve Pembroke Office Park having a radi -@Orthem right-of-way line of Jeffer- us Of 975.09 fect, an Pembroke One, The Fifth Floor son Boulevard along the arc of a arc distance of 82.66 fccl to a point; Virginia Beach, Virginia 23462- curve having a radius of 2599.15 thence continuing in a northerly di- 2989 feet an arc distancc of 66.86 fcct to fcction along the castcrn light-of- (804) 499-8971 the TRLIE POINT OF BEGIN- way line of Ocean Tid,s Drive 10 - 7 NING, as shown on that "PLAT along thc arc of a curve having a 2T3-15VBS OF PROPOSED STREET CLOS- radius of 528.42 fcet, an arc dis- ING OF A PORTION OF WIND- tancc of 76.59 feet Lo the TRUE Publi- POINT OF 13EGINNING; thence SOR CRESCENT, AN UNIM- continuing in a northerly dircction PRC)VED STREET, ADJOINING along the arc of a curve having a PLEASE TAKE NOTICE, that LOT 6, BLOCK 57, FOR JERRY radius of 528.4@ feet, an arc dis- at the meeting of the City Council C. SEAY" located in the Bayside lance of 35.12 feet to a point; O.f t.he City of Virginia Beach, Vir- Borough, Virginia Beach, Virginia, thence continuing in a northerly di- ginia, to be lield on the 27Lh day of d@ted February 14, 1989, and pre- rcction along Lhe ,c f a curvc March, 1989, at 6:00 p.m., at the pared by Aygam Associates, P.C- having a radius of 20.00 feet, ar arc City Hall of the City of Virginia At the time, anyone affectcd may distance of 30.23 fcct to a point; Beach, at Princcss Anne, tile under- 3Ppear and be h=d. tilencc North 87' 37' 12" cast, signcd will petidon Lhc Council fr After the report of the Viewers is Ln 151.04 fcet to a point; thence in a the appoinlment of Viewers to view received, at the next rcgular mee6ng > southcrly direction along the arc of the bclow-described portion of a of the City Council, or as soon a curve liaving a radius of 20.00 cerlain strcci and to report to the thereafter as thc mattcr may be 7' f-t, - arc distancc of 29.71 fect to CitY Council whether in the opin- placed on the agenda, the undcr- o .!4 @ g > a Poirit; thcnce con ion of the Vicwcrs, what, if any, signed will Pctition thc City tinuing in a . ;= inconveniencc would result from Council to vacate, close and sotitherly direction along the arc of the vacating, closing and discontin- discontinue the portions of those Ci C) 0. a curve having a radju, of 724.33 uancc ot@ samc, the said portions of strcets in the City of fect, an arc dis(,,ince of 28. 25 feet Virginia @ to a point on the westcr said strccts being dcscribcd as fol- Beach, Virginia, described abovc. 0 d-D n right-of- lows: MR. JERRY C. S AY @ E way "ne Of MYstic Cove Drive; E V) R. Edward Bourdon, Jr., Esquire cq GUY, CROMWELL, BETZ & AFFIDAVIT STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, R. Edward Bourdon, Jr., attorney for Mr. Jerry C. Seay, being first duly sworn, deposes and states: 1. That I am an attorney at law and represent Mr. Jerry C. Seay. 2. That on the 13th da@,- of March 1989, I posted notice of the application to close a portion of that certain platted street of variable width designated as unimproved Windsor Crescent on behalf of Mr. Jerry C. Seay, for the appointment of Viewers, and said Notice was posted at the following locations: (a) COURTHOUSE - Circuit Court of the City of Virginia Beach, Virginia, Bulletin Board; (b) CITY HALL ANNEX - 19th street and Arctic Avenue, Virginia Beach, virginia, Bulletin Board; and THAT CERTAIN portion of Windsor Crescent (unimproved), described by beginning at a point on the northern right-of-way line of Jefferson Boulevard at the southwestern most corner of Lot 6, Block 57, Plat of Ocean Park, Section C (MB 5, page 195), thence in an easterly direction along the northern right-of-way line of Jefferson Boulevard along the arc of a curve having a radius of 2599.15 feet, an arc distance of 70.01 feet to the TRUE POINT OF BEGINNING, thence following the lot line of Lot 6 along the arc of a curve having a radius of 30.00 feet, an arc distance of 65.13 feet to a point; thence following the lot line of Lot 6 along the arc of a curve having a radius of 214.08 feet, an arc distance of 80.56 feet to a point; thence north 451 07' 16" east, 24.67 feet to a point in the center of Windsor Crescent; thence along the center line of Windsor Crescent south 22@ 01' 47" east, 43.58 feet to a point; thence, following the center line of Windsor Crescent in a southerly direction along the arc of a curve having a radius of 234.08 feet, an arc distance of 85.34 feet to a point; thence following the center line of Windsor Crescent in a southerly direction along the arc of a curve having a radius of 88.78 feet an arc distance of 28.85 feet to GUY, CROMWELL, BETZ a point on the northern right-of-way line of & LUSTIG, P.C. Jefferson Boulevard; thence in a westerly T I.. direction along the northern right-of-way line of Jefferson Boulevard along the arc of a curve having a radius of 2599.15 feet an arc distance of 66.86 feet to the TRUE POINT OF BEGINNING, as shown on that "PLAT OF PROPOSED STREET CLOSING OF A PORTION OF WINDSOR CRESCENT, AN UNIMPROVED STREET, ADJOINING LOT 6, BLOCK 57, FOR JERRY C. SEAY" located in the Bayside Borough, Virginia Beach, Virginia, dated February 14, 1989, and prepared by Aygarn Associates, P.C. 3. That on the 8th day of March 1989 and 15th day of rch 1989, the above referenced notice was published in the irginia Beach Sun -, a newspaper of general circulation in the City of Virginia Beach, Virginia as evidenced by the publisher's affidavit attached hereto. And further the depone Subscribed and sworn to before me this 16th day of March 1989. Notar@ Public @j My commission expires: 10/16/92 GUY, CROMWELL, BETZ & LUSTIG, P.C. .110.@@yl., ,w 0956i -2- ORDINANCE NO. IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET OF VARIABLE WIDTH, KNOWN AS WINDSOR CRESCENT (UNIMPROVED) AS SHOWN UPON THAT CERTAIN PLAT ENTITLED, "PROPOSED STREET CLOSING OF A PORTION OF WINDSOR CRESCENT, AN UNIMPROVED STREET, ADJOINING LOT 6, BLOCK 57, FOR JERRY C. SEAY, BAYSIDE BOROUGH, VIRGINIA BEACH, VIRGINIA, WHICH PLAT IS ATTACHED HERETO. WHEREAS, it appearing by affidavit that proper notice has been given by Mr. Jerry C. Seay, that he would make application to the Council of the City of Virginia Beach, Virginia, on Y@rch 27 1 1989, to have a portion of the hereinafter described street discontinued, closed, and vacated; and WHEREAS, it is the judgment of the Council that the portion of said street be discontinued, closed, and vacated; NOW THEREFORE, SECTION I BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia, that the hereinafter described street be discontinued, closed, and vacated: THAT CERTAIN portion of Windsor Crescent (unimproved), described by beginning at a point on the northern right-of-way line of Jefferson Boulevard at the southwestern most corner of Lot 6, Block 57, Plat of Ocean Park, Section C (MB 5, page 195), thence in an easterly direction along the northern right-of-way line of Jefferson Boulevard along the arc of a curve having a radius of 2599.15 feet, an arc distance of 70.01 feet to the TRUE POINT OF BEGINNING, thence following the lot line of Lot 6 along the arc of a curve having a radius of 30.00 feet, an arc distance of 65.13 feet to a point; thence following the lot line of Lot 6 along the arc of a curve having a radius of 214.08 feet, an arc distance of 80.56 feet to a point; thence north 451 07' 16" east, 24.67 feet to a point in the center of Windsor Crescent; thence along the center line of Windsor Crescent south 221 01' 47" GUY, CROMWELL, BETZ east, 43.58 feet to a point; thence, & LUSTIG, P.C. following the center line of Windsor .TTO..@YS.1 L@. Crescent in a southerly direction along the arc of a curve having a radius of 234.08 feet, an arc distance of 85.34 feet to a point; thence following the center line of Windsor Crescent in a southerly direction along the arc of a curve having a radius of 88.78 feet an arc distance of 28.85 feet to a point on the northern right-of-way line of Jefferson Boulevard; thence in a westerly direction along the northern right-of-way line of Jefferson Boulevard along the arc of a curve having a radius of 2599.15 feet an arc distance of 66.86 feet to the TRUE POINT OF BEGINNING, as shown on that "PLAT OF PROPOSED STREET CLOSING OF A PORTION OF WINDSOR CRESCENT, AN UNIMPROVED STREET, ADJOINING LOT 6, BLOCK 57, FOR JERRY C. SEAY" located in the Bayside Borough, Virginia Beach, virginia, dated February 14, 1989, and prepared by Aygarn Associates, P.C. Said parcel of land being a portion of Windsor Crescent as indicated on that certain plat of the property to be vacated, 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 which is 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 Virginia Beach, Virginia, and indexed in the name of the City of virginia Beach as Grantor. SECTION III Adopted: GUY, CROMWELL, BETZ & LUSTIG. P.C. 0953i -2- I E PLEASE TAKE NOTICE, that at the meeting of the City Council of the City of Virginia Beach, Virginia, to be held on the ?7t-b day of March 1 1989, at 7,00 p.m., at the City Hall of the City of Virginia Beach, at Princess Anne, the undersigned will petition the Council for the appointment of Viewers to view the below-described portion of a certain street and to 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 portions of said streets being described as follows: THAT CERTAIN portion of Windsor Crescent (unimproved), described by beginning at a point on the northern right-of-way line of Jefferson Boulevard at the southwestern most corner of Lot 6, Block 57, Plat of Ocean Park, Section C (MB 5, page 195), thence in an easterly direction along the northern right-of-way line of Jefferson Boulevard along the arc of a curve having a radius of 2599.15 feet, an arc distance of 70.01 feet to the TRUE POINT OF BEGINNING, thence following the lot line of Lot 6 along the arc of a curve having a radius of 30.00 feet, an arc distance of 65.13 feet to a point; thence following the lot line of Lot 6 along the arc of a curve having a radius of 214.08 feet, an arc distance of 80.56 feet to a point; thence north 451 071 16" east, 24.67 feet to a point in the center of Windsor Crescent; thence along the center line of Windsor Crescent south 221 01' 47" east, 43.58 feet to a point; thence, following the center line of Windsor Crescent in a southerly direction along the arc of a curve having a radius of 234.08 feet, an arc distance of 85.34 feet to a point; thence following the center line of Windsor Crescent in a southerly direction along the arc of a curve having a radius of 88.78 feet an arc distance of 28.85 feet to a point on the northern right-of-way line of Jefferson Boulevard; thence in a westerly direction along the northern right-of-way line of Jefferson Boulevard along the arc of a curve having a radius of 2599.15 feet an arc distance of 66.86 feet to the TRUE POINT OF BEGINNING, as shown on that "PLAT OF PROPOSED STREET CLOSING OF A PORTION OF WINDSOR CRESCENT, AN UNIMPROVED STREET, UY. CROMWELL. BETZ ADJOINING LOT 6, BLOCK 57, FOR JERRY C. & LUSTIG. P.C. SEAY" located in the Bayside Borough, Virginia Beach, Virginia, dated February 14, 1989, and prepared by Aygarn Associates, P.C. At that time, anyone affected may appear and be heard. 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 the portions of those streets in the City of Virginia Beach, Virginia, described above. MR. JERRY C. SEAY By@ Of Counsel R. Edward Bourdon, Jr., Esquire GUY, CROMWELL, BETZ & LUSTIG, P.C. Pembroke Office Park Pembroke One, The Fifth Floor virginia Beach, Virginia 23462-2989 (804) 499-8971 Uy. CROMWELL. BETZ & LUSTIG. P.C. T L@W 0958i @l -2- P E T I T I 0 N TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Your Petitioner, Mr. Jerry C. Seay respectfully represents as follows: 1. That pursuant to the provisions of Section 15.1-364 of the 19 50 Code of Virginia, as amended, the petitioner applies for the vacating, closing, and discontinuance of a portion of that certain platted street, which is more specifically described as follows: THAT CERTAIN portion of Windsor Crescent (unimproved), described by beginning at a point on the northern right-of-way line of Jefferson Boulevard at the southwestern most corner of Lot 6, Block 57, Plat of Ocean Park, Section C (MB 5, page 195), thence in an easterly direction along the northern right-of-way line of Jefferson Boulevard along the arc of a curve having a radius of 2599.15 feet, an arc distance of 70.01 feet to the TRUE POINT OF BEGINNING, thence following the lot line of Lot 6 along the arc of a curve having a radius of 30.00 feet, an arc distance of 65.13 feet to a point; thence following the lot line of Lot 6 along the arc of a curve having a radius of 214.08 feet, an arc distance of 80.56 feet to a point; thence north 451 07' 16" east, 24.67 feet to a point in the center of Windsor Crescent; thence along the center line of Windsor Crescent south 221 01' 47" east, 43.58 feet to a point; thence, following the center line of Windsor Crescent in a southerly direction along the arc of a curve having a radius of 234.08 feet, an arc distance of 85.34 feet to a point; thence following the center line of Windsor Crescent in a southerly direction along the arc of a curve having a radius of 88.78 feet an arc distance of 28.85 feet to a point on the northern right-of-way line of Jefferson Boulevard; thence in a westerly direction along the northern right-of-way line of Jefferson Boulevard along the arc of a curve having a radius of 2599.15 feet an arc distance of 66.86 feet to the TRUE POINT OF BEGINNING, as shown on that "PLAT OF PROPOSED STREET CLOSING OF A PORTION OF WINDSOR CRESCENT, AN UNIMPROVED STREET, ADJOINING LOT 6, BLOCK 57, FOR JERRY C. SEAY" located in the Bayside Borough, Virginia Beach, Virginia, dated February 14, GUY, CROMWELL, BETZ 1989, and prepared by Aygarn Associates, P.C. & LUSTIG, P.C. Said parcel of land being a portion of Windsor Crescent (unimproved), as indicated on that certain plat entitled, PROPOSED STREET CLOSING OF A PORTION OF WINDSOR CRESCENT, AN UNIMPROVED STREET, ADJOINING LOT 6, BLOCK 57, FOR JERRY C. SEAY, which plat is attached hereto and made a part hereof and intended to be recorded with the ordinance closing the aforedescribed street. 2. That he will grant unto the City of virginia Beach, a municipal corporation, a perpetual easement for ingress and egress over and across the portion of the platted street for which closure is sought. Attached hereto as Exhibit A is a proposed Deed of Easement. 3. That no inconvenience will result to any persons by reason of said closing, vacation, and discontinuance of said street; and the petitioner 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 - day of , 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 and described. 4. That on the - day of I 1989, Notice of the presenting of this Application was posted at the Courthouse of the Circuit Court of the City of Virginia Beach, Virginia, on the premises to be closed, and at the City Hall Annex, 19th Street and Arctic Avenue, Virginia Beach, Virginia, as evidenced by the Affidavit attached hereto, and a copy of said Notice. GUY, CROMWELL, BETZ & LUSTIG, P.C. -2- 5 . That the Petitioner is the owner in fee simple of all land along and adjacent to the western line of said portion of the platted street to be closed. Respectfully submitted, JERRY C. y@ Counsel R. Edward Bourdon, Jr. Esquire GUY, CROMKELL, BETZ & LUSTIG, P.C. Pembroke Office Park Pembroke One - Fifth Floor Virginia Beach, Virginia 23462 (804) 499-8971 GUY, CROMWELL, BETZ & LUSTIG, P.C. 0955i -3- EXHIBIT A DEED OF EASEMENT THIS DEED OF EASEMENT, made this day of 1989, by and between JERRY C. SEAY, unmarried, party of the first part, hereinafter sometimes called "Grantor"; and THE CITY OF VIRGINIA BEACH, a Virginia municipal corporation, party of the second part, hereinafter sometimes called "Granteell. W I T N E S S E T H : That for and in consideration of the premises and the benefits accruing or to accrue to the party of the first part, and other good and valuable consideration, the party of the first part does hereby grant and convey or release with GENERAL WARRANTY as to that property titled in his name and subject to all matters of record, to the party of the second part, and/or its successors and assigns, the following described easement to-wit: A nonexclusive easement appurtenant of varying width, for purposes of ingress and egress only, as shown on that "PLAT SHOWING EASEMENT FOR INGRESS AND EGRESS TO BE GRANTED TO THE CITY OF VIRGINIA BEACH BY JERRY C. SEAY, across a closed portion of Windsor Crescent, Bayside Borough, Virginia Beach, Virginia," made by Aygarn Associates, P.C., dated 1 1989, a copy of which plat is attached hereto as Exhibit "A" and made a part of this deed by reference. Said easement shall be granted for the purpose of Ingress and Egress from existing Jefferson Boulevard to the grantees property at the northern boundary of the easement. GUY, CROMWELL, BETZ & LUSTIG. P.C. .1 L.W The easement herein conveyed is upon land acquired by the party of the first part by Ordinance of the City Council of the City of Virginia Beach dated 1 1989 and recorded in the Clerk's Office of the Circuit Court of the City of virginia Beach in Deed Book at Page - . The grantor warrants that he possesses both the fee simple title and present right of way; dominion, control and possession of the property described herein. The grantor herein shall not be responsible for any damages to property or injuries to persons which may arise from or be incident to the use and occupation of the said premises, or for damages to the property of the grantee, or for damages to the property or injuries to the person of the grantee's officers, agents, servants, or employees, or others who may be on said premises at their invitation or the invitation of anyone of them, arising from or incident to governmental activities; and the grantee shall hold the grantors harmless from any and all such claims, additionally, the grantors shall not be responsible for damages to property or injuries to persons which may arise from or be incident to the use of the easement or improvements thereon. The consideration herein above recited shall constitute payment in full for any damages to the land of the grantor, his successors and assigns, by reason of the C,UY, CROMWELL, BETZ installation and maintenance of any improvements necessary to & LUSTIG, P.C. .TT ... @Y@ .1 L.. utilize the easement granted herein. -2- The grantee COVENANTS to maintain the easement in good repair so that no unreasonable damage will result from its use to the adjacent land of the grantors, their successors and assigns . The grant and other provisions of this easement shall constitute a covenant running with the land for the benefit of the grantee, its successors and assigns. IN WITNESS WHEREOF, the parties have executed this instrument. JERRY C. SEAY THE CITY OF VIRGINIA BEACH By: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of 1987 by Jerry C. Seay. Notary Public My commission expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of 1987 by of GUY. CROMWELL. BETZ the City of Virginia Beach. LUSTIG, P.C. @w Notary Public My commission expires: 0959i -3- - 22 - Item 111-F.6. CONSENT AGENDA ITEM # 30959 Upon motion by Counci lwoman Henley, seconded by Counci lwornan Parker, City Council ADOPTED: Ordinance appointing viewers in the petition of F. Wayne McLeskey, Jr. for the closure of a portion of Shore Drive (Bayside Borough) The Viewers are: David Grochmal Director of General Services C. Oral Lambert Director of Public Works Robert J. Scott Director of Planning Voting: 10-1 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Veyor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. NtClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Counci I Members Voting Nay: John D. Moss* Council Memt>ers Absent: None *Verbal Nay ORDINANCE APPOINTI EWER WHEREAS, Mr. F. Wayne Mc Leskey, Jr. has given due and proper notice, in accordance with the statutes for such cases made and provided that he will on the 27th day of March, 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 portions of those certain streets of variable width, and has filed such application with said Council. NOW, THEREFORE, be it ORDATNED by the Council of the City of Virginia Beach, Virginia: THAT, C. Oral Lambert, Jr. Robert J. Scott and David Grochmal are hereby appointed to view the below described property and report in writing to the Council on or before 1 19 89 , whether in their opinion, any, and if any, what inconvenience would result in the discontinuing and vacating of portions of those certain streets of variable width located in the City of Virginia Beach, virginia, and more particularly described as follows: THAT CERTAIN unimproved portion of SHORE DRIVE (formerly Lynnhaven Boulevard) abbutting part of Block 35, Section D, Ocean Park, being described by reference to a point at the south western corner of a parcel described as PART OF BLOCK 35, SECTION D, OCEAN PARK as shown on that Plat entitled RESUBDIVISION OF PART OF BLOCK 35, SECTION D, OCEAN PARK for F. WAYNE MC LESKEY, JR. (D.B. 2708, p. 725) and proceeding from said reference point in a northerly direction along the eastern right-of-way line of Ocean Tides Drive following the arc of a curve having a radius GUY, CROMWELL, BETZ of 975.09 feet, an arc distance of 82.66 feet & LUSTIG, P.C. to a point; thence continuing in a northerly direction along the eastern right-of-way line of Ocean Tides Drive along the arc of a curve having a radius of 52 8 . 42 feet, an arc distance of 76.59 feet to the TRUE POINT OF BEGINNING; thence continuing in a northerly direction along the arc of a curve having a radius of 528.42 feet, an arc distance of 35.12 feet to a point; thence continuing in a northerly direction along the arc of a curve having a radius of 20.00 feet, an arc distance of 30.23 feet to a point; thence North 87' 37' 12" east, 151.04 feet to a point; thence in a southerly direction along the arc of a curve having a radius of 20.00 feet, an arc distance of 29.71 feet to a point; thence continuing in a southerly direction along the arc of a curve having a radius of 724.33 feet, an arc distance of 28.25 feet to a point on the western right-of-way line of Mystic Cove Drive; thence in a northwesterly direction along the arc of a curve having a radius of 20.00 feet an arc distance of 38.80 feet to a point; thence in a westerly direction along the arc of a curve having a radius of 162.50 feet, an arc distance of 145.12 feet to a point; thence in a southwesterly direction along the arc of a curve having a radius of 20.00 feet, an arc distance of 36.89 feet to the TRUE POINT OF BEGINNING, as depicted on that "PLAT SHOWING PROPOSED STREET CLOSURE OF A PORTION OF SHORE DRIVE (UNIMPROVED), Bayside Borough, VIRGINIA BEACH, dated 12-7-1988 as revised 2-23-89, prepared by G.F. Sutton and Associates. All of the above as shown upon that certain plat entitled, "PLAT SHOWING PROPOSED STREET CLOSURE OF A PORTION OF SHORE DRIVE (UNIMPROVED), Bayside Borough, virginia Beach, Virginia," which plat is attached hereto and made a part hereof and is intended to be recorded with the Ordinance closing the aforedescribed street. Adopted: March 27, 1989 @T r6S TO COZ4 GUY, CROMWELL, BETZ & LUSTIG, P.C. .TT..@@Y@ T @.W 0967i -2- @ED-2Z-e-P -rHU 1 2 : :3 1 C; F= S u -r -r 0 F4!S!S 0 C - F' 6POWt4 A6 @S@Kv@P OW A@vr-t? 5rrF- @N - AKEFA ENCWI-ASSW -Ttll-S -5LlE391VISIOW RAKT-@ Pl@k' 35; ipit46 @c',W. TAkr=) .305(P SQ,FR A@. VAKIA F2@F- WIPITI 7 M.@,r,, rr2 Pallo7r p A': 6r-, F,; f KIT A- [7A;ZT 0 r- EFW@ K 3@ lz- A5" A! 77.2.9' @VAN = B4@t$ 6aFr = @Ol@ AC, A@Ar e, W- XVICATN Z70,6) D. 2 7dg, @eal 18,,W @.t4 716 W"19 w I 00 MAKIkIF-@5 @ANPIK'6 ON @fmw@\/Ft4 er@riam oiir- (11.13.Ilgi fla@14) PL@-T @HOWINC-1 op: @ @(:D@-TtON (D@ REvi Z-2.3 -go @6116@l A@61QIA BRACH ,4wiktlA P. ,(ii kk M.B. ,-q UTrON & ASSOCIATES ZONE FILE NO.-@ AFFIDAVIT Chesapeake Post 1024 Battlefield Boulevard Chesapeake, Virginia 23320 State of Virginia City of Chesapeake, to-wit: This day personally appeared before md and after@E)ei-ng CIU.LY sworn made oath that: (1) (ife)(She) is affidavit clerk of a newsp@per published by Byerly Publications, in the City of Chesapeake, State of Virginia; .11 (2) That the advertisement hereto annexed of Industrial Development Authority has been published in said newspaper on the following dates: lyyr(@ 0, i-t and Dated: .1989 ffiant Subscribed and sworn to before me in my city and state aforesaid this day of 1 1989. zl@11191 My commission expires: Nota@y Pwolic,- THAT CERTAIN portion of Windsor Crescent (unimproved), P.bli,! Nti.,- thencc in a northwesterly direction dcscribed by bcginning at a point along the arc of a curve having a on the northem right-of-way li- of PLEASE TAKF NOTICE, hat T-fferson Boulevard at the soulh- al the meeting of the City Council radius of 20.00 feet an arc distance "cstern most corncr of Lot 6, of 38.80 fect to a point; thence in a @lock 57, Plat of Ocean Park, Sec- Of tllc Ci[Y Of Vilginia Beach, Vi,- wcsterly direction a n@, the arc of a ginia, to be held on the 270i day of 'o ciarve having a radius of 162.50 tion C (MB 5, page 195), thence in March, 1989, at 6:00 p.,n., aL the feet, an arc dislance of 145.12 feet aii casterly dircction along the City Hall of the CitY of Virginia northem right-of-way line of Jcffer- h - crty dircction along the: arc of a soii Boulevard along the arc of a B-ch, at Princess Anne, t c under to a point; thence in a southwest- signed will pelifion the Council for curve having a radius of 20.00 feet, curve having a radius of 2599.15 fcct, an arc distance of 70.01 feet to the appointment of Viewers to viow an arc dislance of 36.89 feet to thc the TRUE POINT OF BEGIN- the below-described portion of a TRUE POINT OF BEGINNING, as NING, Lhence following thc lot line certain slrect and to rcpo,l to the depicted on that "PLAT SHOWING of Lot 6 along the arc of a curvc CiLy CoUncil whether in the opin- PROPOSED STREET CLOSURE having a radius of 30-00 feet, an arc ion of the Viewers, what, if any, OF A PORTION OF SHORE inconvenience would result from DRIVE (UNIWROVED), Bayside distance of 65.13 feet to a point; the vacadng, closing and discontin- Borough, VIRGINIA BEACH, .hencc following the lot linc of Lot uance of same, the said portions of dated 12-7-1988 as revised 2-23-89. along thc arc of a curve having a said strcets being describcd as fol. prcpared by G.F. Sutton and Asso-I radius of 214.08 feet, an arc dis- lows: ciates tancc of 80.56 feet to a point; THAT CERTAIN unimprovef At t'hat time, anyone affectcd may thence norlh 45' 07' 16" cast, 24.67 portion Of SHORE DRIVE appcar and be heard. fcet to a point in the center of (formerly Lynnhaven Boulevard) Aftcr thc report of the Viewers is Windsor Crescent; thence along Lhc abbtitting part of Block 35, secuon, reccived, at the next rcgular mecdng center line of Windsor Crescent of the City Council, or as soon to a point; thence, following thc D, Occan Park, being dcscribed by south 22' 01' 47" east, 43.58 fcet reference to a point at th, south thcrcafter as the matter may be center line of Windsor Crescent in a wcstem comer of a parcel described placcd on thc agenda, thc undcr- southerly dircction along the arc of as PART OF BLOCK 35, SEC- signed will Petition thc City Council to vacale, close and feet, an arc distance of 85.34 feet to TION D, OCEAN PARK as sliowil a curvc having a radius of 234.08 on the Plant entitied RESUBDIVI- discontinue the portion of that a point; thence following the center SION OF PART OF BLOCK 35, strect in the City of Virginia Beach, SECTION D,' line of Windsor Crescent in a OCEAN PARK for Virginia, described above. southerly direction along the arc of F. WAYNE MC LESKEY, JR. MR. F. WAYNE MC LESKEY, a curve having a radius of 88.78 (D.B. 2708, p. 725) and procecding JR. feet an arc distance of 28.85 fect to from said refercnce point in a R. Edward Bourdon, Jr., Esquire a point on the norlhem right-of-way northerly dirccoon alo,g the castcm GUY, CROMWELL, BETZ & line of Jefferson Boulcvard; thcnce ight-ol-way line of Ocean Tides LUSTIG, P.C. I c Dr@", fliow In a westerly direction a ong th ing the arc of a curve Pembroke Office Park northem right-of-way line of Jeffer- having a radius of 975.09 feet, a, Pembroke Oiie, The Fifth Floor son Boulevard along the arc of a arc distance of 82.66 feet to a point; Virginia Beach, Virginia 23462- curvc having a radius of 2599.15 thence continuing in a northerly di- 2989 feet an arc distance of 66.86 fect to rcction along the eastern right-of- (804) 499-8971 the TRL)E POINT OF BEGIN- way line of Occan Tid,, Drivc 10 -7 NING, as shown.on that "PLAT along the arc of a curve having a 2T3-15VBS OF PROPOSED STREET CLOS- radius of 528.42 fect, a, arc dis- ING OF A PORTION OF WIND- tancc of 76.59 fcet to th, TRUE OR CRESCENT, AN UNIM- F'OINT OF BEGINNING; th,,c, Public Noticc S continu,'ng j'n a northerly direction PROVED STREET, ADJOINING along the arc of, a curve having a PLEASE TAKE NOTICE, that LOT 6, BLOCK 57, FOR JERRY radius of 528.42 feet, an arc dis- at thC meeting of the City Council C. SEAY" located in the Bayside tancc of 35.12 fccl to a point; O.f t.hc CitY of Virginia Beach, Vir- Borough, Virginia Beach, Virginia, thcncc continuing in a northerly di- ginia, to be held on the 27th da, of dited February 14, 1989, and pre- rection along thc arc of a curv, Marcii, 1989, at 6:00 p.m., at the p-d by Aygam Associates, P.C- having a radius of.20.00 fcct, ar arc City Hall Of Lhe City of Virginia At thc time, anyone affectcd may distancc of 30.23 fccl to a point; 13Pach, at Princess Anne, the under- appear and be heud- thencc North 87- 37' 12" cast, signed will pcti 0 Aftcr the report of the Viewers is ti n the Council for 151.04 feet 10 2 Point; thenc, in a the appointmcni of Viewcrs to view received, at the next regular meefing > southerly direction along the arc of the bclow-dcscribed portion of a of thc City Council, or as soon a curve having a radius of 20.00 cer-.n sLreeL and to report to the thereafter as the matter may be f." . .distance of 29.71 feet o CitY Council whether in tlie opin- placcd on the agenda, the under- 2 a point; thence continuing in a ion of thc Viewcrs, what, if any, signed will Petition the City 0 southcrly direction I,,g the arc of inconvenience would result from Council to vacatc, close and '6 a curvc having a radius of 724.33 the vacating, closing and disco,lin- discontinue the portions of h 0-1/2 uance of samc, Vigi fcct, an arc disL'Ince or 28. thc said portions of streets in thc City of na 0; 'O' 25 fect a to a POint On thc westcrn right-of- said strects being describcd as fol- Beach, Virginia, describcd above. lows: P E E way l@ne Of MYstic Cove Drive; MR. JERRY C. SEAY , , .!Z R. Edward Bourdon, Jr., Esquire ;R > GUY, CROMWELL, BE;TZ & FFIDAVIT STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, R. Edward Bourdon, Jr., attorney for Mr. F. Wayne Mc Leskey, Jr., being first duly sworn, deposes and states: 1. That I am an attorney at law and represent Mr. F. Wayne Mc Leskey, Jr. 2. That on the iith day of Mar,l, 1989, I posted notice of the application to close a portion of that certain platted street of variable width designated as an unimproved portion of Shore Drive on behalf of Mr. F. Wayne Mc Leskey, Jr., for the Appointment of Viewers, and said Notice was posted at the following locations: (a) COURTHOUSE - Circuit Court of the CitY Of Virginia Beach, Virginia, Bulletin Board; (b) CITY HALL ANNEX - 19th street and Arctic Avenue, virginia Beach, Virginia, Bulletin Board; and THAT CERTAIN unimproved portion of SHORE DRIVE (formerly Lynnhaven Boulevard) abbutting part of Block 35, Section D, ocean Park, being described by reference to a point at the south western corner of a parcel described as PART OF BLOCK 35, SECTION D, OCEAN PARK as shown on that Plat entitled RESUBDIVISION OF PART OF BLOCK 35, SECTION D, OCEAN PARK for F. WAYNE MC LESKEY, JR. (D.B. 2708, p. 725) and proceeding from said reference point in a northerly direction along the eastern right-of-way line of Ocean Tides Drive following the arc of a curve having a radius of 975.09 feet, an arc distance of 82.66 feet to a point; thence continuing in a northerly direction along the eastern right-of-way line of ocean Tides Drive along the arc of a curve having a radius of 528.42 feet, an arc distance of 76.59 feet to the TRUE POINT OF BEGINNING; thence continuing in a northerly direction along the arc of a curve having a radius of 528.42 feet, an arc distance of 35.12 feet to a point; thence continuing in a northerly direction along the arc of a curve having a radius of 20.00 feet, an arc distance of 30.23 feet to a point; thence North 87* 37' 1211 east, 151.04 feet to a point; thence in a southerly direction along the arc of a curve having a radius of 20.00 feet, an arc distance of 29.71 feet to a point; thence continuing in GUY, CROMWELL, BETZ a southerly direction along the arc of a curve & LUSTIG, P.C. having a radius of 724.33 feet, an arc .TTO..@Y@.1 L@W distance of 28.25 feet to a point on the western right-of-way line of Mystic Cove Drive; thence in a northwesterly direction along the arc of a curve having a radius of 20.00 feet an arc distance of 38.80 feet to a point; thence in a westerly direction along the arc of a curve having a radius of 162.50 feet, an arc distance of 145.12 feet to a point; thence in a southwesterly direction along the arc of a curve having a radius of 20.00 feet, an arc distance of 36.89 feet to the TRUE POINT OF BEGINNING, as depicted on that "PLAT SHOWING PROPOSED STREET CLOSURE OF A PORTION OF SHORE DRIVE (UNIMPROVED), Bayside Borough, VIRGINIA BEACH, dated 12-7-1988 as revised 2-23-89, prepared by G.F. Sutton and Associates. 3. That on the 8th day of March 1989 and 15th day of March 1989, the above referenced notice was published in the Virginia Beaeb .1i@n I a newspaper of general circulation in the City of Virginia Beach, Virginia as evidenced by the publisher's affidavit attached hereto. And further the deponent saith not. R. Edward Bourdon, J Subscribed and sworn to before me this 16th day of March 1989. Not#i I my commission expires: 10/16/92 GUY, CROMWELL, BETZ & LUSTIG, P.C. L.W 0965i @l -2- ORDINANCE NO. IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET OF VARIABLE WIDTH, KNOWN AS SHORE DRIVE (UNIMPROVED) AS SHOWN UPON THAT CERTAIN PLAT ENTITLED, 'PLAT SHOWING PROPOSED STREET CLOSURE OF A PORTION OF SHORE DRIVE (UNIMPROVED), BAYSIDE BOROUGH, VIRGINIA BEACH, VIRGINIA, WHICH PLAT IS ATTACHED HERETO. WHEREAS, it appearing by affidavit that proper notice has been given by Mr. F. Wayne Mc Leskey, that he would make application to the Council of the City of virginia Beach, Virginia, on March 27, 198 9 , to have a portion of the hereinafter described street discontinued, closed, and vacated; and WHEREAS, it is the judgment of the Council that the portion of said street be discontinued, closed, and vacated; NOW THEREFORE, SECTION I BE IT ORDAINED by the Council of the City of virginia Beach, Virginia, that the hereinafter described street be discontinued, closed, and vacated: THAT CERTAIN unimproved portion of SHORE DRIVE (formerly Lynnhaven Boulevard) abbutting part of Block 35, Section D, Ocean Park, being described by reference to a point at the south western corner of a parcel described as PART OF BLOCK 35, SECTION D, OCEAN PARK as shown on that Plat entitled RESUBDIVISION OF PART OF BLOCK 35, SECTION D, OCEAN PARK for F. WAYNE MC LESKEY, JR. (D.B. 2708, p. 725) and proceeding from said reference point in a northerly direction along the eastern right-of-way line of Ocean Tides Drive following the arc of a curve having a radius of 975.09 feet, an arc distance of 82.66 feet to a point; thence continuing in a northerly direction along the eastern right-of-way line of Ocean Tides Drive along the arc of a curve having a radius of 528.42 feet, an arc distance of 76.59 feet to the TRUE POINT OF BEGINNING; thence continuing in a northerly direction along the arc of a curve having a radius of 528.42 feet, an arc distance of 35.12 feet to a point; thence continuing in a northerly direction along the arc of a curve GUY, CROMWELL, BETZ having a radius of 20.00 feet, an arc distance & LUSTIG, P.C. of 30.23 feet to a point; thence North 871 37' 12" east, 151.04 feet to a point; thence in a southerly direction along the arc of a curve having a radius of 20.00 feet, an arc distance of 29.71 feet to a point; thence continuing in a southerly direction along the arc of a curve having a radius of 724 .33 f eet, an arc distance of 28.25 feet to a point on the western right-of-way line of Mystic Cove Drive; thence in a northwesterly direction along the arc of a curve having a radius of 20.00 feet an arc distance of 38.80 feet to a point; thence in a westerly direction along the arc of a curve having a radius of 162.50 feet, an arc distance of 145.12 feet to a point; thence in a southwesterly direction along the arc of a curve having a radius of 20.00 feet, an arc distance of 36.89 feet to the TRUE POINT OF BEGINNING, as depicted on that "PLAT SHOWING PROPOSED STREET CLOSURE OF A PORTION OF SHORE DRIVE (UNIMPROVED), Bayside Borough, VIRGINIA BEACH, dated 12-7-1988 as revised 2-23-89, prepared by G.F. Sutton and Associates. Said parcel of land being a portion of Shore Drive as indicated on that certain plat of the property to be vacated, 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 which is 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 Virginia Beach, Virginia, and indexed in the name of the City of Virginia Beach as Grantor. SECTION III Adopted: GUY, CROMWELL, BETZ & LUSTIG, P.C. @Y@ T L.W 0968i -2- GUY, CROMWF-LL, BETZ LUSTIG, P. C. R@-.. D. G- T ... .... ........ W.@.. L@.T@. ATTORNEYS AND Co .... LORS AT L@w F... P...@.@ .. ........ R ... T B. C.o-.@@. J.. A..A C ... ... T..-. F. B.T., J.. p....... O@@.@. P- H-. R. sy..., J.. J...@. M. C.@.- P....... O..-T.. F@@T@@ F,... T..-. S. C@.@.. T.L.. R. E- - - B.@...., J., B.@,., V@ .... . .......... F@. O.-.. M. K.@,.Y, In J.. M. A.... R.-- M. D.. D..A, J.. . ..... C. K... A..... R-. N. S.@... J,- 0. K-.-@ February 28, 1989 I R. Edward Bourdon, Jr. attorney for Mr. F. Wayne Mc Leskey, Jr., do hereby certify that: 1. I am an attorney at law and represent Mr. F. Wayne Mc Leskey, Jr. 2. That based upon my examination of title, it is my opinion that if the portion of the street sought to be closed is discontinued, closed and vacated by the Council of the City of Virginia Beach, Virginia, then title to said street will vest in the City of Virginia Beach, Virginia, a municipal corporation, subject to the rights of the abutting property owner. 3. The portion of street to be closed, referred to herein is described as follows: THAT CERTAIN unimproved portion of SHORE DRIVE (formerly Lynnhaven Boulevard) abbutting J:)art of Block 35, Section D, Ocean Park, being described by reference to a point at the south western corner of a parcel described as PART OF BLOCK 35, SECTION D, OCEAN PARK as shown on that Plat entitled RESUBDIVISION OF PART OF BLOCK 35, SECTION D, OCEAN PARK for F. WAYNE MC LESKEY, JR. (D.B. 2708, P. 725) and proceeding from said reference point in a northerly direction along the eastern right-of-way line of Ocean Tides Drive following the arc of a curve having a radius of 975.09 feet, an arc distance of 82.66 feet to a point; thence continuing in a northerly GUY, CROMWELY,, BFTZ & LUSTIO, P. C. February 28, 1989 Page 2 direction along the eastern right-of-way line of Ocean Tides Drive along the arc of a curve having a radius of 528.42 feet, an arc distance of 76.59 feet to the TRUE POINT OF BEGINNING; thence continuing in a northerly direction along the arc of a curve having a radius of 528.42 feet, an arc distance of 35.12 feet to a point; thence continuing in a northerly direction along the arc of a curve having a radius of 20.00 feet, an arc distance of 30.23 feet to a point; thence North 871 371 12" east, 151.04 feet to a point; thence in a southerly direction along the arc of a curve having a radius of 20.00 feet, an arc distance of 29.71 feet to a point; thence continuing in a southerly direction along the arc of a curve having a radius of 724.33 feet, an arc distance of 28.25 feet t6 a point on the western right-of-way line of Mystic Cove Drive; thence in a northwesterly direction along the arc of a curve having a radius of 20.00 feet an arc distance of 38.80 feet to a point; thence in a westerly direction along the arc of a curve having a radius of 162.50 feet, an arc distance of 145.12 feet to a point; thence in a southwesterly direction along the arc of a curve having a radius of 20.00 feet, an arc distance of 36.89 feet to the TRUE POINT OF BEGINNING, as depicted on that "PLAT SHOWING PROPOSED STREET CLOSURE OF A PORTION OF SHORE DRIVE (UNIMPROVED), Bayside Borough, VIRGINIA BEACH, dated 12-7-1988 as revised 2-23-89, prepared by G.F. Sutton and Associates. GUY, CROMWELL, BETZ & LUSTIG, P.C. By 0963i N 0 T I C E PLEASE TAKE NOTICE, that at the meeting of the City Council of the City of Virginia Beach, Virginia, to be held on the 27th day of March, 1989, at 7:00 p.m., at the City Hall of the City of Virginia Beach, at Princess Anne, the undersigned will petition the Council for the appointment of Viewers to view the below-described portion of a certain street and to 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 portions of said streets being described as follows: THAT CERTAIN unimproved portion of SHORE DRIVE (formerly Lynnhaven Boulevard) abbutting part of Block 35, Section D, Ocean Park, being described by reference to a point at the south western corner of a parcel described as PART OF BLOCK 35, SECTION D, OCEAN PARK as shown on that Plat entitled RESUBDIVISION OF PART OF BLOCK 35, SECTION D, OCEAN PARK for F. WAYNE MC LESKEY, JR. (D.B. 2708, p. 725) and proceeding from said reference point in a northerly direction along the eastern right-of-way line of Ocean Tides Drive following the arc of a curve having a radius of 975.09 feet, an arc distance of 82.66 feet to a point; thence continuing in a northerly direction along the eastern right-of-way line of Ocean Tides Drive along the arc of a curve having a radius of 528.42 feet, an arc distance of 76.59 feet to the TRUE POINT OF BEGINNING; thence continuing in a northerly direction along the arc of a curve having a radius of 528.42 feet, an arc distance of 35.12 feet to a point; thence continuing in a northerly direction along the arc of a curve having a radius of 20.00 feet, an arc distance of 30.23 feet to a point; thence North 87' 37' 12" east, 151.04 feet to a point; thence in a southerly direction along the arc of a curve having a radius of 20.00 feet, an arc distance of 29.71 feet to a point; thence continuing in a southerly direction along the arc of a curve having a radius of 724.33 feet, an arc distance of 28.25 feet to a point on the western right-of-way line of Mystic Cove Drive; thence in a northwesterly direction along the arc of a curve having a radius of 20.00 feet an arc distance of 38.80 feet to a point; thence in a westerly direction along the arc of a curve having a radius of 162.50 GUY, CROMWELL, BETZ feet, an arc distance of 145.12 feet to a LUSTIG. P.C. point; thence in a southwesterly direction .1 L@W along the arc of a curve having a radius of 20.00 feet, an arc distance of 36.89 feet to the TRUE POINT OF BEGINNING, as depicted on that "PLAT SHOWING PROPOSED STREET CLOSURE OF A PORTION OF SHORE DRIVE (UNIMPROVED), Bayside Borough, VIRGINIA BEACH, dated 12-7-1988 as revised 2-23-89, prepared by G.F- Sutton and Associates. At that time, anyone affected may appear and be heard. 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 the portion of that street in the City of Virginia Beach, Virginia, described above. MR. F. WAYNE MC LESKEY, JR. B R. Edward Bourdon, Jr., Esquire GUY, CROMWELL, BETZ & LUSTIG, P.C. Pembroke Office Park Pembroke One, The Fifth Floor Virginia Beach, Virginia 23462-2989 (804) 499-8971 GUY, CROMWELL, BETZ & LUSTIG, P.C. 0964i -2- LEGAL DESCRIP I@ON THAT CERTAIN unimproved portion of SHORE DRIVE (formerly Lynnhaven Boulevard) abbutting part of Block 35, Section D, Ocean Park, being described by reference to a point at the south western corner of a parcel described as PART OF BLOCK 35, SECTION D, OCEAN PARK as shown on that Plat entitled RESUBDIVISION OF PART OF BLOCK 35, SECTION D, OCEAN PARK for F. WAYNE MC LESKEY, JR. (D.B. 2708, p. 725) and proceeding from said reference point in a northerly direction along the eastern right-of-way line of Ocean Tides Drive following the arc of a curve having a radius of 975.09 feet, an arc distance of 82.66 feet to a point; thence continuing in a northerly direction along the eastern right-of-way line of ocean Tides Drive along the arc of a curve having a radius of 528.42 feet, an arc distance of 76.59 feet to the TRUE POINT OF BEGINNING; thence continuing in a northerly direction along the arc of a curve having a radius of 528.42 feet, an arc distance of 35.12 feet to a point; thence continuing in a northerly direction along the arc of a curve having a radius of 20.00 feet, an arc distance of 30.23 feet to a point; thence North 871 371 12" east, 151.04 feet to a point; thence in a southerly direction along the arc of a curve having a radius of 20.00 feet, an arc distance of 29.71 feet to a point; thence continuing in a southerly direction along the arc of a curve having a radius of 724.33 feet, an arc distance of 28.25 feet to a point on the western right-of-way line of Mystic Cove Drive; thence in a northwesterly direction along the arc of a curve having a radius of 20.00 feet an arc distance of 38.80 feet to a point; thence in a westerly direction along the arc of a curve having a radius of 162.50 feet, an arc distance of 145.12 feet to a point; thence in a southwesterly direction along the arc of a curve having a radius of 20.00 feet, an arc distance of 36.89 feet to the TRUE POINT OF BEGINNING, as depicted on that "PLAT SHOWING PROPOSED STREET CLOSURE OF A PORTION OF SHORE DRIVE (UNIMPROVED), Bayside Borough, VIRGINIA BEACH, dated 12-7-1988 as revised 2-23-89, prepared by G.F. Sutton and Associates. GUY, CROMWELL, BETZ & LUSTIG, P.C. L,@W 096@2i P E T I T I 0 N TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Your Petitioner, Mr. F. Wayne Mc Leskey, Jr. respectfully represents as follows: 1. That pursuant to the provisions of Section 15.1-364 of the 19 50 Code of Virginia, as amended, the petitioner applies for the vacating, closing, and discontinuance of a portion of that certain platted street, which is more specifically described as follows: THAT CERTAIN unimproved portion of SHORE DRIVE (formerly Lynnhaven Boulevard) abbutting part of Block 35, Section D, Ocean Park, being described by reference to a point at the south western corner of a parcel described as PART OF BLOCK 35, SECTION D, OCEAN PARK as shown on that Plat entitled RESUBDIVISION OF PART OF BLOCK 35, SECTION D, OCEAN PARK for F. WAYNE MC LESKEY, JR. (D.B. 2708, p. 725) and proceeding from said reference point in a northerly direction along the eastern right-of-way line of Ocean Tides Drive following the arc of a curve having a radius of 975.09 feet, an arc distance of 82.66 feet to a point; thence continuing in a northerly direction along the eastern right-of-way line of Ocean Tides Drive along the arc of a curve having a radius of 528.42 feet, an arc distance of 76.59 feet to the TRUE POINT OF BEGINNING; thence continuing in a northerly direction along the arc of a curve having a radius of 528.42 feet, an arc distance of 35.12 feet to a point; thence continuing in a northerly direction along the arc of a curve having a radius of 20.00 feet, an arc distance of 30.23 feet to a point; thence North 871 37' 12" east, 151.04 feet to a point; thence in a southerly direction along the arc of a curve having a radius of 20.00 feet, an arc distance of 29.71 feet to a point; thence continuing in a southerly direction along the arc of a curve having a radius of 724.33 feet, an arc distance of 28.25 feet to a point on the western right-of-way line of Mystic Cove Drive; thence in a northwesterly direction along the arc of a curve having a radius of 20.00 feet an arc distance of 38.80 feet to a point; thence in a westerly direction along the arc of a curve having a radius of 162.50 feet, an arc distance of 145.12 feet to a point; thence in a southwesterly direction along the arc of a curve having a radius of GUY, CROMWELL, BETZ 20.00 feet, an arc distance of 36.89 feet to & LUSTIG, P.C, the TRUE POINT OF BEGINNING, as depicted on .TT ... l@@.T 1,@. that "PLAT SHOWING PROPOSED STREET CLOSURE OF A PORTION OF SHORE DRIVE (UNIMPROVED), Bayside Borough, VIRGINIA BEACH, dated 12-7-1988 as revised 2-23-89, prepared by G.F. Sutton and Associates. Said parcel of land being a portion of Shore Drive (unimproved), as indicated on that certain plat entitled, "PLAT SHOWING PROPOSED STREET CLOSURE OF A PORTION OF SHORE DRIVE (UNIMPROVED), Bayside 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 he will grant unto the City of Virginia Beach, a municipal corporation, a perpetual easement for ingress and egress over and across the portion of the platted street for which closure is sought. Attached hereto as Exhibit A is a proposed Deed of Easement. 3. That no inconvenience will result to any persons by reason of said closing, vacation, and discontinuance of said street; and the petitioner 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 - day of , 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 and described. 4. That on the - day of 1 1989, Notice of the presenting of this Application was posted at the Courthouse of the Circuit Court of the City of Virginia Beach, Virginia, on the premises to be closed, and at the City Hall Annex, 19th Street and Arctic Avenue, Virginia Beach, Virginia, as evidenced by the Affidavit attached hereto, and a copy of said Notice. GUY, CROMWELL, BETZ & LUSTIG, P.c. .TT ... @Y@ .1 L,@. -2- 5 That the Petitioner is the owner in fee simple of all land along and adjacent to the southern line of said portion of the platted street to be closed. Respectfully submitted, Mr. F. WAYNE MC LESKEY, JR. ByQ@ Of Counsel R. Edward Bourdon, Jr. Esquire GUY, CROMWELL, BETZ & LUSTIG, P.C. Pembroke Office Park Pembroke One - Fifth Floor Virginia Beach, Virginia 23462 (804) 499-8971 GUY, CROMWELL, BETZ & LUSTIG, P.C. T L@. 0966i -3- - 23 - Item Ill-F.7. ANNOUNCEMENT ITEM # 30960 ADD-ON Mayor Oberndorf g ratef u 1 1 y acknow I edged the exce I I ent prof ess i ona I serv 1 ces of Donald Trueblood, City Engineer, who wi I I be retiring effective March Thirty- first after ten (10) years. - 24 - Item lit-F.8. ANNOUNCEMENT ITEM # 30961 ADD-ON The City Clerk referenced the application of FERRELL PARKWAY ASSOCIATES, INC. for a Change of Zoning from R-20 to 0-2 which was advertised for the March 27, 1989 Forrnal Session of City C)ouncil. However, when the application was heard at the Planning Commission on March 14, 1989, it was DEFERRED. Therefore, this application w! I I not be heard tonight, but wi I I be advertised for a date after the April Planning Commission. - 25 - Item I I I -G. PUBLIC HEARING ITEM # 30962 Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on: PLANNING (a) A. C. BROWN CONDITIONAL USE PERMIT (b) VIRGINIA BEACH JET SKI CYCLE CENTER, INC. CONDITIONAL USE PERMIT (c) ESG ENTERPRISES, INC. CONDITIONAL ZONING CLASSIFICATIONS (d) BILLIE M. REED VARIANCE (e) HARYEY L. LINDSAY VARIANCE (f) SUSAN ZOBY CONDITFONAL USE PERMIT (g) RONALD M. KRAMER CONDITIONAL USE PERMIT (h) WILLIAM DRINKWATER et ux CONDITIONAL USE PERMIT (i) CITY OF VIRGINIA BEACH CHANGE OF ZONING (j) CITY ZONING ORDINANCE AMENDMENTS: Public Uses Recreational Equipment (k) CITY ZONING ORDINANCE AMENDMENTS: Nonconfor-mity Amendments Conditional Uses - 26 - Item III-G.I.a PUBLIC HEARING PLANNING ITEM # 30963 Barry Knight, Phone: 426-7741, represented the applicant Upon motion by Councilwoman McClanan, seconded by Councilman Baum, City Council ADOPTED an Ordinance upon application of A. C. BROWN for a Conditional Use Permit: ORDINANCE UPON APPLTCATION OF A CONDITIONAL USE PERMIT FOR A SINGLE FAMILY DWELLING IN THE AC-1 AGRICULTURAL DTSTRICT R03891203 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of A. C. Brown for a Conditional Use Permit for a single family dwelling in the AG-1 Agricultural District on certain property located 960 feet more or less north of North Landing Road beginning at a point 2792.02 feet east of Winston Road. Said parcel contains 3 acres. Plats with more detailed information are available in the Department of Planning. PRINCESS ANNE BOROUGH. The following conditions shall be required: 1. The subdivision of the subject site must be completed and the final plat recorded. 2. Right-of-way dedications and improvements to Hargrove's Lane as required during subdivision review. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty- seventh Day of March, Nineteen Hundred and Eighty-nine. - 27 - Item III-G.I.a PUBLIC HEARING PLANNING ITEM # 30963 (Continued) Voting: 11-0 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, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 28 - Item III-G.I.b. PUBLIC HEARING PLANNING ITEM # 30964 Barry Hull, 3725 Mantle Lane, Phone: 431-2152, owner representing himself Upon motion by Councilman Balko, seconded by Councilman Heischober, City Council ADOPTED Ordinance upon application of VIRGINIA BEACH JET SKI & CYCLE CENTER, INC. for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF VIRGINIA BEACH JET SKI & CYCLE CENTER, INC. FOR A CONDITIONAL USE PERMIT FOR A SMALL ENGINE REPAIR R03891204 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VTRGINIA Ordinance upon application of Virginia Beach Jet Ski and Cycle Center, Inc. for a Conditional Use Permit for small engine repair on the south side of Virginia Beach Boulevard, 759.65 feet west of the intersection with the Norfolk-Virginia Beach Expressway. Said parcel is located at 1933 Virginia Beach Boulevard and contains 2.586 acres. Plats with more detailed information are available in the Department of Planning. LYNNHAVEN BOROUGH. The following conditions shall be required: 1. All repairs are to be performed within 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, Virginia, on the Twenty- seventh Day of March, Nineteen Hundred and Eighty-nine. - 29 - Item III-G.I.b. PUBLIC HEARING PLANNING ITEM # 30964 (Continued) Voting: 11-0 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, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 30 - Item III-C.l.c. PUBLIC HEARING PLANNING ITEM # 30965 Attorney R. J. Nutter, II, 2809 South Lynnhaven Road, Phone: 431-3100, represented the applicant Upon motion by Councilwoman McClanan, seconded by Councilwoman Parker, City Council ALLOWED WITHDRAWAL of Ordinances upon application of ESC ENTERPRISES, INC. - DOUSTAN PARTNERSHTP, JOINT VENTURE for Conditional Zoning Classifications: ORDINANCE UPON APPLICATION OF ESC ENTERPRISES, INC. - DOUSTAN PARTNERSHIP, JOINT VENTURE FOR A CONDTTONAL ZONING CLASSIFICATION FROM AG-1 TO A-24 Ordinance upon application of ESG Enterprises, Inc. -Doustan Partnership, Joint Venture for a Conditional Zoning Classification from AG-1 Agricultural District to A-24 Apartment District on certain property located 600 feet west of General Booth Boulevard beginning at a point 1840 feet more or less northeast of London Bridge Road (Relocated). Said parcel contains 35.37 acres. More detailed information is available in the Department of Planning. PRINCESS ANNE BOROUGH. A N D, ORDINANCE UPON APPLICATION OF ESG ENTERPRISES, INC. - DOUSTAN PARTNERSHIP, JOINT VENTURE FOR A CONDITIONAL ZONING CLASSIFICATION FROM AG-1 AGRICULTURAL DISTRICT TO I-1 LIGHT INDUSTRIAL DISTRICT ON CERTAIN PROPERTY Ordinance upon application of ESG Enterprises, Inc. - Doustan Partnership Joint Venture for a Conditional Zoning Classification from AG-1 Agricultural District to I-I light Industrial District on certain property located 1398 feet more or less west of General Booth Boulevard beginning at a point 2000 feet more or less north of London Bridge Road (Relocated'). Said parcel contains 44.61 acres. More detailed information is available in the Department of Planning. PRTNCESS ANNE BOROUGH. A N D, ORDINANCE UPON APPLICATION OF ESG ENTERPRISES, INC. - DOUSTAN PARTNERSHIP, JOINT VENTURE FOR A CONDITIONAL ZONING CLASSIFICATION FROM AC-1 TO 0-2 Ordinance upon application of ESG Enterprises, Inc. - Doustan Partnership, Joint Venture for a Conditional Zoning Classification from AG-1 Agricultural District to 0-2 Office District on certain property located 600 feet west of General Booth Boulevard beginning at a point 1036 feet north of London Bridge Road (Relocated). Said parcel contains 7.78 aces. More detailed information is available in the Department of Planning. PRINCESS ANNE BOROUGH - 31 - Item IIT-G.l.c. PUBLIC REARING PLANNING TTEM # 30965 (Continued) ORDTNANCE UPON APPLICATION OF ESG ENTERPRISES, INC. - DOUSTAN PARTNERSHTP, JOINT VENTURE FOR A CONDTTTONAL ZONING CLASSIFICATTON FROM AG-2 TO A-24 Ordinance upon application of ESG Enterprises, Inc. - Doustan Partnership, Joint Venture for a Conditional Zoning Classification from AG-2 Agricultural District to A-24 Apartment District on certain property located 485 feet west of General Booth Boulevard beginning at a point 1487.77 feet north of London Bridge Road (Relocated). Said parcel contains 4.89 acres. More detailed information is available in the Department of Planning. PRINCESS ANNE BOROUGH. A N D, ORDTNANCE UPON APPLICATTON OF ESG ENTERPRISES, INC. - DOUSTAN PARTNERSHIP, JOINT VENTURE FOR A CONDITONAL ZONTNG CLASSIFICATION FROM AG-2 TO B-2 Ordinance upon application of ESG Enterprises, Inc. -Doustan Partnership, Joint Venture for a Conditional Zoning Classification from AG-2 Agricultural District to B-2 Community Business District on certain property located on the west side of General Booth Boulevard beginning at a point 1487.77 feet north of London Bridge Road (Relocated). Said parcel contains 16.43 acres. More detailed information is available in the Department of Planning. PRINCESS ANNE BOROUGH. A N D, ORDINANCE UPON APPLICATION OF ESG ENTERPRISES, INC. - DOUSTAN PARTNERSHIP, JOINT VENTURE FOR A CONDITIONAL ZONING CLASSIFICATION FROM AC-2 TO H-1 Ordinance upon application of ESG Enterprises, Tnc. - Doustan Partnership, Joint Venture for a Conditional Zoning Classification from AG-2 Agricultural District to H-1 Hotel District on certain property located on the west side of General Booth Boulevard beginning at a point 2895.40 feet more or less north of London Bridge Road (Relocated). Said parcel contains 3.78 acres. Plats with more detailed information are available in the Department of Planning. PRINCESS ANNE BOROUGH. - 32 - Item 111-G.l.c. PUBLIC HEARING PLANNING ITEM # 30965 (Continued) ORDINANCE UPON APPLICATION OF ESG ENTERPRISES, INC. - DOUSTAN PARTNERSHIP JOINT VENTURE FOR A CONDITIONAL ZONING CLASSIFICATION FROM AC-2 TO 0-2 Ordinance upon application of ESG Enterprises, Inc. - Doustan Partnership, Joint Venture for a Conditional Zoning Classification from AG-2 Agricultural to 0-2 Office District on certain property located on the west side of General Booth Boulevard beginning at a point 1036 feet north of London Bridge (Relocated). Said parcel contains 7.34 acres. More detailed information is available in the Department of Planning. PRINCESS ANNE BOROUGH. 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, Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: William D. Sessoms - 33 - Item III-G.I.d. PUBLIC HFARING PLANNING ITEM # 30966 Attorney Grover Wright, represented the applicant Upon motion by Councilman Balko, seconded by Councilman Sessoms, City Council APPROVED the application of BILLIE M. REED for a Variance to Section 4.4(b) of the Subdivision Ordinance which requires all lots created by subdivisions to meet all requirements of the City Zoning Ordinance. Appeal from Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Billie M. Reed. Property is located at 1634 West Little Neck Road. Plats with more detailed information are available in the Department of Planning. LYNNHAVEN BOROUGH. The following condition shall be required: 1. Parcels 2 and 3 will share an entrance and driveway. Voting: 10-1 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: John D. Moss Council Members Absent: None - 34 - Item 111-G.I.e. PUBLIC HEARING PLANNING ITEM # 30967 David A. Greer, 1046 Cambridge Cresent, Phone: 622-3366, represented the applicant William P. Ballard, Jr., 1400 Dominion Tower, Norfolk, Phone: 640-8223, represented the applicant OPPOSITION: Maxine C. Graham, 3057 South Sandpiper Road, Phone: 721-3000, represented self and several members of the Community. Upon motion by Councilwoman McClanan, seconded by Councilman Perry, City Council DENIED the application ot HARVEY L. LINDSEY for a Variance to Section 4.4(b) of the Subdivision Ordinance which requires all lots created by subdivision to meet all requirements of the City Zoning Ordinance. Appeal from Decisions of Administrative Officers in regard to certain e I ernents of the Subdivision Ordinance, Subdivision for Harvey L. Li ndsey. Property is located on the west side of Sandpiper Road, 100.6 feet south of Sandbridge Rc)ad. Plats with more detai led information are avai lable in the Department of Planning. PRINCESS ANNE BOROUGH. Voting: 7-4 Council Members Voting Aye: Albert W. Balko, Harold Heischober, Reba S. McClanan, John D. tbss, Mayor Voyera E. Oberndorf Nancy K. Parker and John L. Perry Council Members Voting Nay: John A. Baum, Vice Mayor Robert E. Fentress, Barbara M. Henley and William D. Sessoms, Jr. Council Members Absent: None - 35 - Item III-G.I.f. PUBLIC HEARING PLANNING ITEM # 30968 Ben Hubbard, represented the applicant Susan Zoby, the applicant, represented herseif OPPOSITION: Hubert Dail, 3504 Sandfiddle Road, Phone: 426-7090 Upon motion by Councilwoman McClanan, seconded by Councilman Baum, City Council ADOPTED an Ordinance upon application of SUSAN ZOBY for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF SUSAN ZOBY FOR A CONDITIONAL USE PERMIT FOR BOARDING HORSES R03891205 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGTNIA Ordinance upon application of Susan Zoby for a Conditional Use Permit for boarding horses on property located 900 feet south of Seaboard Road, 2200 feet more or less west of Princess Anne Road. Said parcel is located at 2997 Seaboard Road and contains 60 acres. Plats with more detailed information are available in the Department of Planning. PRINCESS ANNE BOROUGH. The following conditions shall be required: 1. Appropriately sized drainage easements are to be dedicated over all drainage systems including one hundred fifty-feet (150') over the large canal along the western property line and thirty-feet (30') over the internal ditches draining the sixty-six-foot (66') City-owned parcel. 2. An erosion control plan is to be submitted along with mitigation calculations for the fill around the barn already placed in the floodplain. The floodplain shall be restored or mitigation completed in the field. 3. All boarded horses must be kept a minimum of one hundred-feet (100') from any property line. 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. 5. The applicant must obtain an encroachment permit for the driveway crossing a City right-of-way and for corrals located within a City right-of-way. 6. There shall be no restrictions on the number of horses boarded other than the limits imposed according to the amount of acreage stipulated in the City Zoning Ordinance. - 36 - Item III-G.I.f. PUBLIC HEARING PLANNING ITEM # 30968 (Continued) This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty- seventh Day of March, Nineteen Hundred and Eighty-nine. Voting: 11-0 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, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 37 - Item III-G.I.g. PUBLIC HEARING PLANNING ITEM # 30969 Warren Tisdale, 1800 Sovran Center, Norfolk Phone: 628-5556, represented the applicant and presented petitions in support of the applicant. (Said petitions are hereby made a part of the record.) Julian Lipscomb, Vice President and General Manager Kramer Tire Company, also represented the applicant Dan Nunn, 2501 Bayview Avenue, Phone: 460-5238, co-owner of the property to the south of the proposed application OPPOSITION: Captain Les Fenlon, 2224 Scallop Road, Phone: 481-2501, President of the Lynnhaven Colony Civic League, presented petitions in OPPOSITION (Said petitions are herby made a part of the record.) Alfronso J. Strazullo, 3120 Sandpine Road, Phone: 481-0024, former President of the Lynnhaven Civic League Reverend Fred Grosse, 2217 West Great Neck Road, Phone: 486-7674, represented the Lynnhaven Colony Congregational Church James Ramborger, 2265 Laurel Cove Drive, Phone: represented the Lynnhaven Colony Civic League Jack L. Fox, 4300 Sandy Bay Drive, Phone: 460-9023, represented the Shore Drive Beautification Committee A MOTION was made by Councilman Balko, seconded by Councilman Moss to DENY an Ordinance upon application of RONALD M. KRAMER for a Conditional Use Permit for an automobile repair and service establishment on Lots 12 and 13, Lynnhaven Park (2220 North Great Neck Road), containing 27,442.8 square feet (LYNNHAVEN BOROUGH). A SUBSTITUTE MOTION was made by Councilman Heischober, seconded by Councilman Baum, to ADOPT an Ordinance upon application of RONALD M. KRAMER for a Conditional Use Permit for an automobile repair and service establishment on Lots 12 and 13, Lynnhaven Park (2220 North Great Neck Road), containing 27,442.8 square feet (LYNNHAVEN BOROUGH). Voting: 3-8 (MOTION LOST TO A NEGATIVE VOTE) Council Members Voting Aye: John A. Baum, Harold Heischober and John L. Perry Council Members Voting Nay: Albert W. Balko, Vice Mayor Robert E. Fentress, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, and William D. Sessoms, Jr. Council Members Absent: None - 38 - Item III-G.I.g. PUBLTC HEARING PLANNING ITEM # 30969 (Continued) Upon motion by Councilman Balko, seconded by Councilman Moss, City Council DENIED an Ordinance upon application of RONALD M. KRAMER for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF RONALD M. KRAMER FOR A CONDITIONAL USE PERMIT FOR AN AUTONIOBTLE REPAIR & SERVICE ESTABLISHMENT Ordinance upon application of Ronald M. Kramer for a Conditional Use Permit for an automobile repair and service establishment on Lots 12 and 13, Lynnhaven Park. Said parcel is located at 2220 North Great Neck Road and contains 27,442.8 square feet. LYNNHAVEN BOROUGH. Voting: 8-3 Council Members Voting Aye: Albert W. Balko, Vice Mayor Robert E. Fentress, Barbara M. Henley, Reba S. McClanan, John D. @loss, Mayor Meyera E. Oberndorf, Nancy K. Parker, and William D. Sessoms, Jr. Council @lembers Voting Nay: John A. Baum, Harold Heischober and John L. Perry Council Members Absent: None - 39 - Item III-C.l.h. PUBLIC HEARING PLANNING ITEM # 30970 Senator Moody E. (Sonny) Stallings, Jr., represented the applicant Attorney William Drinkwater, the applicant, represented himself OPPOSITION: C. W. Ramsey, 614 23 1/2 Street, Phone: 422-4585 Jeanne Jarnagin, 501 23rd Street, Phone: 425-5801 Larry Van Nostrand, 413 23rd Street, Phone: 428-1827 represented the Old Beach Civic League A MOTION was made by Vice Mayor Fentress, seconded by Councilwoman Parker to DENY an Ordinance upon application of WILLIAM DRINKWATER et ux for a Conditional Zoning Classification, R-5D Residential Duplex District to R-T3 Resort Tourist District on Lot 2 and one-half of Lot 4, Block 55, Virginia Beach Development (500 Twenty-third Street), containing 7150 square feet (VIRGINIA BEACH BOROUGH). A SUBSTITUTE MOTION was made by Councilman Perry, seconded by Councilwoman McClanan to ADOPT an Ordinance upon application of WILLIAM DRINKWATER for a Conditional Zoning Classification: (MOTION TO APPROVE FAILED DUE TO A TIE VOTE) ORDINANCE UPON APPLICATION OF WILLIAM DRINKWATER ET UX FOR A CONDITIONAL ZONING CLASSIFICATION, R-5D TO R-T3 Ordinance upon application of William Drinkwater et ux for a Conditional Zoning Classification, R-5D Residential Duplex District to R-T3 Resort Tourist District on Lot 2 and 1/2 of Lot 4, Block 55, Virginia Beach Development. Said parcel is located at 500 23rd Street and contains 7150 square feet. VIRGINIA BEACH BOROUGH. - 40 - Item III-G.l.h. PUBLIC HEARING PLANNING ITEM # 30970 (Continued) Voting: 5-5 (MOTION TO APPROVE LOST TO A TIE VOTE) Council Members Voting Aye: Albert W. Balko, John A. Baum, Harold Heischober, Reba S. McClanan, and John L. Perry Council Members Voting Nay: Vice Mayor Robert E. Fentress, Barbara M. Henley, John D. Moss, Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Abstaining: William D. Sessoms* Council Members Absent: None "Councilman Sessoms ABSTAINED due to business reasons. - 41 - Item III-G.I.i. PUBLIC HFARING PLANNING ITF2,1 # 30971 Attorney Robert B. Cromwell, Pembroke One, Phone: 499-8971, represented F. Wayne @IcClesky Pam Brockwell, Ocean Park Civic League Judith Connors, 3958 Whispering Oaks Place, Phone: 464-03640, represented the Ocean Park Civic League and expressed appreciation. A MOTION was made by Councilman Heischober, seconded by Vice Mayor Fentress to ADOPT an Ordinance upon application of the CITY OF VIRGINIA BEACH for a Change of Zoning District Classification with the EXCEPTION of Parcels Nos. 3, 4, 9, 10, 11, 12, 20, 25 and portions of Nos. 2, 8, 22 and 23. ORDINANCE UPON APPLICATION OF THE CTTY OF VTRGINIA BEACH FOR A CIIANGE OF ZONING DISTRICT CLASSIFICATION TO P-1 Z03891241 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of the City of Virginia Beach for a Change of Zoning District Classification to rezone the following parcels to P-1 Preservation District: Parcel One: All that certain real property shown as Bay Drive running east from Woodlawn Avenue to the Lynnhaven Tnlet and referenced on the plats of Section "B" and "C" of Ocean Park and all of the land lying to the north of the northern boundary line of the lots and blocks adjoining that portion of Bay Drive as described above, together witti the accretions and riparian rights lying to the north of the aforesaid blocks and extending the mean low water mark of Chesapeake Bay as shown on the plat of Section "B" and "C" of Ocean Park and as now exist or hereafter. The beach area referenced above is designated "Reserved" and tlie street and beach area are more particularly shown in Nlap Book 5 at page 137 (Section "B") and in Map Book 5 at page 195 (Section "C") recorded in the Circuit Court Clerk's Office of the City of Virginia Beach, Virginia. Parcel Two: The parcel designated as "Reserved" in the middle of Block 56 (Ocean Park, Section C). Parcel Three: The parcel designated as "Reserved" and bounded by Blocks 54, 55, 56 and 59 and Aries on the Bay (Ocean Park, Section C). Parcel Four: The parcel designated as "Reserved" in the middle of Block 46 (Ocean Park, Section C). Parcel Five: The parcel designated as "Reserved" and bounded by Blocks 44, 45, 49 and 50 (Ocean Park, Section C). Parcel Six: The parcel designated as "Reserved" lying southwest of Lakeside Drive, as shown on the aforesaid plats (Ocean Park, Section C). - 42 - Item Ill-G.I.i. PUBLIC MRING PLANNING ITEM # 30971 (Continued) Parcel Seven. The parcel designated as "Amherst Park" (Ocean Park, Section B). Parcel @ht: The parcel designated as "Loudoun Park" (Ocean Park, Section B). Parcel Nine: The oval-shaped parcel designated as "Reserved" and bounded by Block 29 and Pendleton Avenue as shown on the plat of Section D of Ocean Park, recorded in Map Book 5, Part 2, page 197 (I of 1 and 2 of 2 recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia (hereinafter referred to as Ocean Park, Section D). Parcel Ten: The triangular-shaped parcel designated as "Reserved" and bounded by E. Grayson Road and the parcel designated as "Loch Haven" and Block 7 (Ocean Park, Section D). Parcel Eleven: The parcel designated as "Reserved" and bounded by E. Stratford Road, Winston Place, Dinwiddie Road, and Loch Haven Crescent (Ocean Park, Section D.) Parcel Twelve: The circular parcel designated "Loch Haven" and bounded by Loch Haven Crescent and E. Grayson Road (Ocean Park, Section D). Parcel Thirteen: A triangular shaped parcel designated as "Reserved", consisting of approximately 0.10 acres., more or less, and abounded by Powhatan Avenue on the north and by Lynnhaven Boulevard on the south as shown on the Plat of Ocean Park, Section C. Parcel Fourteen: The properties shown on the above-described plats of Ocean Park as streets, walkways, parks, areas marked "Reserved", beaches, avenues, boulevards, lanes, alleys, traffic circles, access areas, playgrounds, and any property not designated a numbered lot in a numbered block, including all fishing privileges and riparian rights belonging to or appurtenant to the properties shown on the plat described hereinabove, including but not limited to all right, title and interest of all property vested in the Ocean Park Corporation not previously conveyed by the authority of the Circuit Court of the City of Norfolk in the cause styled, In the matter of Appointment of Receiver for Ocean Park Corporation, etc., Chancery No. C-921-1940. BAYSIDE BOROUGH. - 43 - Item III-C.l.i. PUBLIC HEARING PLANNING ITEM # 30971 (Continued) The City Attorney will compare parcels purchased by the City from Edwin B. Lindsley versus those claimed owned by Wayne McClesky. Voting: 11-0 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, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 44 - Item PUBLIC HEARING PLANNING ITEM # 30972 Upon motion by Councilman Heischober, seconded by Councilwoman Parker, City Council ADOPTED: Ordinance to AMEND and REORDAIN the City Zoning Ordinance of the City of Virginia Beach, Virginia pertaining to Article 1, Section 111, re definition of public uses. Voting: 10-1 Council Members Voting Aye: John A. Baum, Albert W. Balko, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: Reba S. McClanan Council Members Absent: None AN ORDINANCE TO AMEND AND REORDAIN ARTICLE 1, SECTION Ill OF THE CITY ZONING ORDINANCE PERTAINING TO DEFINITIONS BE IT ORDAINED BY THE COUNCIL OF TIIE CITY OF VIRGINIA BEACH, VIRGINIA: That Article 1, Section 111, Definitions, of the City Zoning Ordinance be amended and reordained in part as follows: Public Use. Any use conducted by a public agency for a bonafide public pur@ose on land owned or leased by that agency, Adopted by the Council of the city of Virginia Beach, Virginia, on the 27 day of March 1989. 89 - 45 - Item 111-C.l.i.2. PUBLIC HEARING PLANNING ITFM # 30973 The following spoke in SUPPORT of VERSION C: Captain Les Fenlon, 2224 Scallup Road, Phone: 481-2501, Chairman of the Great Neck Association of Civic Leagues Martin S. Schuman, 2213 Kendall Street, President - Cape Henry Shores Civic League Boyce Webb, 2120 Kendall Circle East, Member of the Cape Henry Civic Association The following spoke in OPPOSITION: Arthur Goodwin, 3725 Silian Drive, Phone: 486-4666, represented the Virginia Beach Recreation Vehicle and Boat Owners Association. Arthur Goodwin referenced his letter of March 20, 1989, outlining their various proposals. Paul West, resident of Windsor Woods Roderick Lewis Upon motion by Vice Mayor Fentress, seconded by Councilman Baum, City Council ADOPTED: "Version C": Ordinance to AMEND and REORDAIN Section 205 of the City Zoning Ordinance of the City of Virginia Beach, Virginia, pertaining to Parking and Storage of Major Recreational Equipment. Voting: 9-2 Council @lembers Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. lienley, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, and William D. Sessoms, Jr. Council Members Voting Nay: Reba S. McClanan and John L. Perry Council Members Absent: None 0 RD-S()-l 839 1 AN ORDINANCE TO AMEND AND REORDAIN SECTION 2 205 OF THE CITY ZONING ORDINANCE OF THE CITY 3 OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO 4 PARKING AND STORAGE OF MAJOR RECREATIONAL 5 EQUIPMENT 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 8 VIRGINIA BEACH, VIRGINIA: 9 That Section 205 of the City Zoning Ordinance of the 10 City of Virginia Beach, Virginia, is hereby amended and 11 reordained to read as follows: 12 Section 205. Major recreational equipment. 13 (a) No major recreational equipment shall be parked in 14 any public street or public right-of-way for more than three (3) 15 hours. 16 (b) No such equipment shall be used for living, 17 sleeping, or housekeeping purposes except in locations lawfully 18 established for such use. 19 (c) In A6-1 AG-2 Districts, no such equipment shall be 20 parked or stored in any required yard adjacent to a street nor 21 closer than three (3) feet to any lot line. 22 (d) Where the principal use of a building is 23 residential, major recreational equipment shall be stored only as 24 a use accessory to a permitted principal use, and subject to the 25 following limitations: No such equipment shall be parked or 26 stored on any lot except within a building or behind the nearest 27 portion of a building adjacent to a public street; provided, 28 however, that such equipment may be parked anywhere-@-@ 29 premises entirely within a driveway for a period not to exceed 30 twelve-1121 twenty-four (24) hours during loading or unloadingt. 31 For purposes of this section, the term "driveway" shall include 32 any portion of a lot, surfaced or otherwise, that constitutes an 33 approved parking area or provides access to an approved parking 34 area. 35 (e) Where the principal use of a building is 36 commercial, business, or industrial, major recreational equipment 37 may be parked or stored as accessory uses, provided limitations 38 and requirements of the district are met. 39 40 Adopted by the Council of _the City of Virginia Beach, 41 Virginia, on the _27 day of -March- 1989. 42 43 WKM/dhh/epm 44 09/22/88 45 11/02/88 46 CA-88-2950 47 \ordin\proposed\45-205.pro 2 - 46 - Item III-G.I.j.2.a PUBLIC HEARING PLANNING ITElq # 30973 (Continued) Upon motion by Vice Mayor Fentress, seconded by Councilman Moss, City Council: APPROVED establishing Mayor's AD HOC Committee to study the Ordinance re parking and storage of major recreational equipment with a report to City Council within 90 days for Council action within 120 days. Voting: 9-2 Council Members Voting Aye: Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: Albert W. Balko and John A. Baum, Council Members Absent: None - 47 - Item III-C.I.k. PUBLIC HEARING PLANNING ITEM # 30974 Upon motion by Vice Mayor Fentress, seconded by Councilman Moss, City Council ADOPTED: Ordinance to A@IEND and REORDAIN Article 1, Section 105 of the City Zoning Ordinance pertaining to Nonconformity. A N D, Ordinance to AMEND and REORDAIN Article 1, Section 107 of the City Zoning Ordinance pertaining to Amendments. A N D, Ordinance to AMEND and REORDAIN Article 2, Section 221 of the City Zoning Ordinance pertaining to Procedural Requirements and General Standards for Conditional Uses. Voting: 11-0 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, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None All ORDItiAtICE TO alEtIO Atio REORDAIN ARTICLE 1. SECTIOII 105 OF TIIE CITY ZDIIIHG ORDIIIAIICE PERTAINIIIG TO IIOIICOIIFORMITY BE IT ORI)AINED BY IIIE COTJIICIL OF lile CITY OF VIRGINIA BEACII. VIRGiflIA: That Article 1, Section 105, Nonconformity, of the City Zoning Ordinance be amen(led and reordaltied in part as follows: Sec. 105. Nonconformity. (a) Ariy otlierwise lawful use, structure, or condition of use which existed in conformity to all applicable zoning provisions before this Ordinarice was adopted or amended but wlilch does not conform to tile provislotis of tlils Or,(lltiance as a result of Its adoption or allien(iment sliall be deenie(I a noiicoitfoi-mity. hi or use or structure situated on a lot which, due to Couticil action in qr a conditional use perm!t or riz-oning, dgel-rlot meet the minimlim dimensional or area regulrem rits of flie dlstrict iti wlilcii it Is located shall also be deemed a nonconformity- (b) lnteiit. It is tlie intent of ttils Ordlnance to allow noncotiformities to contiriue until tliey are renioved, but not to allow tliem to beconie enlarged, expanded, extended, or relocated except upon resolution of City Council as provided for iii this section, aild not to allow tliem to be used as grounds for adding other structures or uses prolilbited elsewliere in the same district. (c) Continuation. A npnconformity may continue provided that it remaliis otlierwise lawfiil, stil).Ject to tlie provlslons set fortil In tills sectiori. llowevey-, tio tioticoii(ormily stiall coiittritie If it ceases for ally reason for a period of more than two years. (d) Enlargement or Extension of Noiiconformity. No nonconforming use shall be lncredsed in magiiitude. tio nonconforming use shall be enlarged or extended to cover a greater land area tilan was occupied by the nonconformity on tlie effective date of this Ordinance or amendment titereto. 14o tioitcoriformitig tise sliall be move(I iii wliale or in part to any otlier portion of tlie lot, parcel, or structure not occlipied by tlie nonconformity on tlie effectlve date of this Ordiiiance or amendment tliereto, aii(i lio noiiconformliiq strticture sliall be moved at all except to come Into compilaiice willi tile terms of ttils Orclinance. 110 nonconformirig structure stiall be enlarged, exteri(led, reconstructed, or structurally altered, if tlie effect is to Increase the nonconformity. As ari exception to tlie above, any condition of development prohibited by ttils section may be permitted by resolution of Llie Clty Coulicil based upon Its f ltiditig tliat tlie proposed condition is equally appropriate 6r more appropriate to tlie district than is the existing nonconformity. City Cotiticl] may attacli sticii con(litlolis anif safegitar(Is to its apprnval as it (leents iiecessat-Y to fulfill Llie ptit-lioses of tlils Ortiltiaiice. Applications for tlie enlargement, extension or relocation of a 91 nonconforming use or structurp sliall be filed with the planning director. The application sliall be accompanied by a fee of one hundred twenty-five dollars ($125.00) to cover the cost of publication of notice of public hearing and processing. Notice shall be given as provided by Section 15.1-431 of tlie Code of Virginia. A sign sliall be posted on the site in accordance with the requirements of Section 108 of this ordinance. (e) Conversion of a tionconforming Use to Another Use. No nonconforming use shall be converted to another use which does not conform to t[iis Ordiiiance except upon a resolution of the City Council approving sticit caiiversioii, based upon its flnding that the proposed use is equally appropriate or more appropriate to the district than Is the existiiig nonconforming "se. In tlie resolution permitting such cliaiige, tlie CILY Couticil may attacii sticti cori(iltions and safeg"ards to its aplirovai as it deems necessary to fulfill tlie purposes of this Ordinance. Wlien dny nonconforming use is converted to another use, the new use and accompariyirlg conditions of development shall conform to tlie provlsion of tliis Or(linance In each respect that the existing use conforms, and in atiy Instance wliere tlie existing use does not conform to those provisions, the new use shall not be more deficient. Any use approved by City Co"ncil shall thereafter be subject to the provisions of this section. Appllcations for tlie conversion of a nonconformilig use or strticttire sliall be f lled witli tlie planning director. I lie application sliall be acconipanied by a fee of one lluiidred twenty-five dollars ($125.00) to cover tlie cost of ptiblication of notice of public ltearliig ati(i lirocessiiig. tiotice sliall be given as provided by Section 15.1-431 of tlie Code of Virginia. A sign sliall be posted on tile site in accordance with the requirements of Section 108 of this ordinance. (f) Damage or Destruction Involving Ilonconformities. Any structure or condition of development wliich is, houses, or is related, to a nonconformitymay, if lnvoluntarilydamaged or destroyed, be reconstructed or restored to Its prlor coridition and locatioii within two years of Its beliig daniage(i or (lestroye(l. al)(I tlie noiicoll(ot,mity may coritliiue as before. If it Is tiot reconstructed or restored witilin two years, then any future construction or reconstruction on, or use of, tile affected lot sliall be in, coiifor-maiice witli tlie provisions of tills Ordinalice. (g) Location of Uses and Structure on Lots Not Meeting Minimilm Requirements. Any conforming principle or accessory use, coriditio!Lal use or corifoy-mitig sti,ticture liousliig sucli use may be enlarged, exteri(led, constr"cted, located, or moved on any lot crealed prior to tlie effective date of this Ordinance regardless of tlie slze or dimensions of such lot, provided tliat otiler requirements of this Ordinance are met. llowever, Iii tlie case of any lot created or rezorie(i upon petitioil oil @belialf of tlie property owner on or after the above date, only tllose uses and structtires shall be located on tlie lot for wlilcii tlie lot meets tlie miiilmtim lot reqtjiremelits in tl)e applicable zontrig district exceL)t @SS@i-pvided Iii Sectloll 221 lier-eill. Aiiy lot tiot meetilig tlie applicable slze or dimensiori reqtilrements due to governmental actioll taken on or after tlie effectlve date of tlils Ordinance shall liave tlie same riglits of (levelopmeiit as before said governmeiital action took place. 98 (h) Buildings Being Planned or Under Construction. Hothing herein contained shall require any change in the plans for construction of any project, or part thereof, for wliich an active use permit, valid building permit, current approved preliminary subdivision plat or certificate of occupancy was lawfully issued prior to tlie effective date of this Ordinatice, or of any amendment tliereto. Adopted by the Council of the City of Virginia Beach, Virginia, on tlie 27 day of March 1989 AN ORDI@lAtICE TO AMEIID ATID REORDAIN ARtICLE 1. SECTTOII 107 OF TIIE'CITY ZOtIllIG ORI)INANCE PER[AltlING TO AMENDMEIITS BE IT ORDAINED BY IIIE COUNCIL OF TIIE CITY OF VIRGINIA BEACII, VIRGINIA: That Article 1, Section 107, Amendments, of the City Zoning Ordinance be amended and reordained in part as follows: Sec. 107. Ametulmeiits. (a) liiitiation. Wtieriever the public necessity, convenlence. general welfare, or good zoning practice requlres, tile city council may by ordiiiaiice, ametifl, stipplement, or clialige tlie regulations, flistrict bouiidaries, or classlflcatioiis of property. Ariy sucli amendment may be initiated by resolution of the city council, or by motion of the planning commission, or by petition of tlie owner, contract purchaser with the owneris written corisent, or tlie owner's duly authorized agent therefor, of tlie property wliich is tlie subject of the proposed zoning map amendment, addressed to the city council. In the latter case, the petition shall be addressed to city council but shall be filed with the director of planning. lf-a-request-for-a-ehange-4Fi-preperty-elass4f4eation-does-not show-that-the-pr-opGsed-c-l-a@@k-&t-torv@@@-w4-t@@4-app44cable-rules and-regulat4ons-of--tiv4@-ordinanr,e-,--tliet+-tlie-dtr-ec-ter--GP-planning-shal4 reject-sL4c-,h reqtiest- an4-raturn-tli@ pet it4on-and-ar-GOMpanyinqf ee-f ortilwi th to- tlie-pet4 t ioner,---If--tli(- -requested @hange-in-preperty-rzlassi f 4 Gation compl4es-w4 th--t-lie--app t@c-abIL--ruies- and--r-egul at4on&-@-thts.-ord4naneelr then The director sliall transmit the petition to the planning contnission for recomiiieti(lation. lloweverl-nothtng-herein-slial-V proitil)it--ttie-flirector leatIGn--is.-pending before-any-public-@genc-y-an4-@-appro@1--a-Itie-acFempany4ng-appl4cat4on would-br-ing-the-subjec-t--@to-@nf-or4nit@w4t-@a44-appl4cab4e-regulat4ons@ Any--appea-@-from--the--4ec4s4on--of---ttie--planntng--d-@c-t-Gr--may--be--made d4rermt4y-to-the-eity-manager@--- (b) Witli(Irawal of petition. @iliere city council finds tllat tliere is pub] lc beiief It to I)e gaiiied by mo(lifyiiig a petition for amen(Iment under coiisi(leratioti, atid tliat sigiiif lcant publ lc incorivenlerice would not result from conslderation witliin one year of the modified petition, it may allow wltt)drawal of a petltion for ameridmetit duriiig public lieariiig. llowever, If tliepetition lsdetile(II)ycitycouilcil,sul)statitially tlie same petition stiall tiot be filed witlilti otie year of denial. For the purpose of thls sectioii, a zoning petition shall be considered to be substat)tially tlie same petition when tlie request is for a district classificatioii ttiat Is wltitin tlie same al@ticle as tlie classification that was previously deiiied. Ttiese provisions sliall not be field to impair tile right of tlie platining comission or council to propose an amendmeiit to tlie zoiiiiig or-dinatice at aiiy time. 100 (c) Planiiing convnlssion action; notice of liedring. Before Mdking any reconitnendation on a proposed ameiidment, the planning comission sliall give notice Of d public hearing thereon, as set forth in section 15.1-431 of the Code of Virginid, as amended. (d) Planning commission hearing; action following, llearifig. Unless tlie proliosal Is wltlidrawii by letter or ottler forriial flotice before tlie lieariiig, tlie fiearing shdil be held at the time and place aniiounced; provided however, that if the hearing is postponed new public iiotice sliall be issued as for tlie origirial notice. If tlie postponement is at the request of the applicant or due to the applicant's failure toproperly followapplicableprocedures, thenthereadvertisement shall be at the applicant's expense. Following each hearing, tlie commission sliall by motion a(lopt is recommendation, which may triclude changes In tlie original proposal, and sliall transmit such recommendations to city council. (e) Action by city couticil; notlce of liearitig. Before approving or adoptitig atiy anievidinerit, city council stiall give notice of a public hearing ttiereon, as required by law. (f) City Couricil hearing; action following hearing. The hearitig shall be held at ttie tinie and place arinouriced. Following tlie fleartrig, Council may make appropriate chaiiges or corrections in tlie proposed amendments; provlded, however, tliat no addltional land may be zoned to a different classificatlori tlian was contdified in tlie public notice arid no land may be rezoned to a less restrictive classification without new notice and hearirig. Furthermore, tio cliange to a more restrictive district classification or to lnclu(le d lesser area than was advertised may be considered by tlie City Couticil, if sticli clianges are irl response to reasoris cited by the Planning Commission in recommendirig denial, until tlie Planiiing Commission has reviewed and forwarded a recomendation on sucli cliaiige. Notiiliig lierelii sliall I)e (:oiistrue(i as prolill)ltilly tile City Couiicil from refet@riiig aiiy petition back to Plantilng Coninissioll for further study arid recoinniendation wlienever It deems any change made In the petition to be substantial. In connection with sucli actions, tlie Plaiiiiitig ConFnissloii sliall liold publ lc fiearings, witil tiotice sultirig the circumstances of the case. An aff lrmative vote Of d majority of the members of tlie City Council present ari(i voting sliall be reqilired to amend the ordinance. A tie vote shall be deemed a denial of tile proposed ameridmetit; liowever, iii tlie evetit of a tfe vote (lue to tlie absence of one or more members, any member of City Council may initiate reconsideration of tlie pt,oposed amendment wilhin twenty-one (21) days tliereof. A recorisideratiori of a vote restjltiiig In al)proval or iterlial may be Iiiltiate(i wltlilii tlilrty (30) (lays I)y aily council meniber oil tile prevaiiiiig side of said vote. A reconsideration of coliditions attaclied to approval of any amen(Inient may be initiated by tlie filing of an applicatiori with tlie plariiiiiig dlrector in accor(lance witli tlie proce(litres set forlli Iii Sec. 107(a). III)oii receipt of sti(:Ii alipllcatioii, tlie I)Iat)riillg director, (leperidiiig ori tlie magiiitude of tlie proposed reconsideratiori, may send tlie applicatioii to tlie planning commission in accordatice witli the provisioris set forth in tlils sectioti, or directly to tlie city couticil. A sigri stiall be posLe(I oti tlie site in accor(lance wILli Lile requirements of Section 108 of ttils ordiriance. Upon receipt of such 101 application, tlie city council may refer the matter to the planning commission or may act upon it. Nothing herein shall be deemed to supersede the provisions of- Sec. 107(li)(9) with regard to conditional zoning. (g) Fee. A petition of any property owner to amend, supplement or change tlie regulations, district boundaries, or classification of property sliall be accompanied by a fee of two hundred fifty dollars ($250.00) to cover tlie cost of publication of notice of public hearing and processing. llowever, any petition submitted as a conditional zoning petitiot) or as ati ameti(imetit to an accepted proffer in accordance with Section 107(h) shall be accompanied by a fee of five hundred dollars ($500.00). (h) Coiiditiotial Zonitig. (1) P"rpose. It is the purpose of this section to provi(le a proce(Iti@by wlilcii coii(Iltioiial zonliigmay be used in a(;cordatice with tlie enabling legislation provided in the Code of Virginia. It is the policy of the City of Virginia Beach to encourage the voluntary proffering of conditions by the applicant in cases wliere tlie use of tra(iitional zoning methods is itiadequate to actileve certain desired goals and wliere the proffered coiiditions will offset ideritified problems to tile extent that the proposed rezoning is thus acceptable; but to discourage its use wliere ttie proffered conditions do not sufficiently offset or are utirelated to idetitified problems or wliere trdditional zonifig methods are adequate to achieve certain desired goals. It is furtlier tlie purpose of ttils sectioti to allow for complete and tiniely review atid evaluation of tlie proffered conditions by the city staff, tlie public, tlie planning commission and the city council. (2) Critet-la for I)v,offers. Proffers sliail only be accel)Le(I as conditioiis attaclie(i to tlie rezoning if they meet tile following criteria: (1) tlie rezoning itself must give rise for the nee(i for tlie cori(litioii; (2) sticli cotiditioris sliall llave a reasonable Y,elatiori to tlie rezotiiiig; (3) sucli coilditiolis stiall iiot iriclti(le a casti coiitribution to tlie city; (4) sticil coriditiovis stiall not iticlude mari(latory (ledication of real or pet-sonal pi,ol)erty for open space, parks, scllools, fire departmerits or otlier public faciiities not otherwlse provided for In s"b(iivision A(f) of Section 15.1-466 of tile Code of Vlrginia; (5) sticti cotiditiotis sliall riot include paymetit for or coristrtict ioii of of f -s I te lniprovements except tilose prov l(led for In subdivision A(J) of Section 15.1-466 of tlie Code of Virgiiiia; (6) no ccii(lition stiall be proffered tllat is not related to tlie pliysical development or pliysical operatloti of tlie proi) erty; ( 7) aII suc ti coriditions stial] he iii corif orriil ty witli tlie coniprelieiislve plaii; (8) SLICII COII(IltlOl)S Sitall be capable of being readily an(] effectively enforced by tile City of Virgliila Reacti at tlie time of (Ipveloi)meiit of tlie pv-oppr-ty; (9) sucli coll(Iltiolis sliall be (leeine(i riecessary ati(i sufficleitt 102 to offset identified problems caused by the rezoning in a manner not made dvailable by traditional zoning methods. (3) Legal form of proffer. All proffers shall be in writing and sliall be in a form suitable for recordation In the deed books maintained by tlie clerk of the circuit court of tbe City of Virglnla Beach. No proffer shall be accepted by the city council wliich lias not received the approval of the city attorney as to legal form dnd sufficiency. (4) Title certificate. Each conditional zoning petition sliall be acconipanied by a certificate of title, prepared and signed by an attorney licensed to practice law in the Comonwealtli of Virginia. Tlie title certificate stiall (lescribe tile property tliat Is tlie sul)ject of tlie 13eLitioii an(I stiall ldelitify all parties iiavitig a recorded ltiterest in the property, including legdi and equitable owners, and shall state the source of title or interest for each party. lhe certificate of title stiail Stdte tlie date througli which tile dttorney exdmined tlie title to the property, which date sliall not be more thdn six (6) moriths prior to the date of the filing of the petition. i lie city attortiey slial I reject any cert if I cate of title whicli, in lils opinion, is incomplete or is otherwise itisufficient. (5) Parties to slgti tlie proffer. Tlie written proffer sliall nanie as gratitors all owriers of tlie py-operty and stiall be sigried by all stich parties. In the event tliat the applicant for tlie rezoniiig is a coritract purchaser, such purchaser shall also be made a part to tlie proffer and sliall sigii same. llle foregollig provisloiis sliali not be construed as limiting tile authority of tlie city attorney to require that any additional person, firm, association or corporation I)e ma(le a party anti sigii tlie proffer, wlieri, in'his opinloti, tlie Inclusion of sucli persoll, firm, association or corporation is necessary to protect the city's Interest. Nor shall tlie foregoing be construed as limiting tlie auth.ority of tlie city attorney to re(ltjire tilat tlie proffer be approved by a court of competent jurisdiction in the case of cliurch property, or In any other instance wlien tlie approval of tlie court is,'in -iiis opinion, necessary. (6) Proce(lure for proffertrig. Anyrezonlrigapplicantmayathis option submlt a written proffer of conditions to accompany lits rezoriltig petition. Sucli written proffers, togetiler with tlie title certlficate described in subsection (iv). stiall be submitted to the planriirig director at least sixty (60) days prior to the planning commission public hearing for which -consideration of the petition is schedilled. In complying witli tlie tiotice i-equirements set forlli lti Section 107(c) aild 107(e) of tlits ordiiiance, the plarining commission and city cotincil shall state wliettier conditioris have been proffered, atid such proffers sliall be ma(le available for public review by tlie plaiiiilrig tilrector as part of tlie ptiblic (loctiriieiits in tlie case. No later thari tliirty (30) days prior to tlie scileduled 1 103 planning commisslon hearing the planning director shall submit to the petltloner a written statement contalnlng the following: (a) a list of ldentiffed problems or reasons# If any, where the proposed rezoning may be deemed to fall short of compliance with the various goals or recommended land uses of the comprehensive plan or the legislatlve Intent of the Zoning Ordlnance or otherwise fall to comply wlth any city ordinance or policy; (b) the degree to which the proffered conditions respond to the ldentlfled problems; (c) a list of those proffered conditions, If any, that do not respond to Identlfled problems, are Insufficient to offset them, or that are not in keeping with the criterla set forth In this section; and (d) a statement transmitted from the city attorney as to whether the form of the written proffer Is legal ly sufficlent. A copy of the wrltten statement frofn the planning director shall also be forwarded to the planning cornmission at a time establ [shed by It. Upon recelpt of the statement, the petltioner may make any changes he deems appropriate to the written proffer, provided that they are submitted In wrltlng at least +e*-4404 fifteen (15) days prior to the planning commission pub I I c hear I ng. Upon receipt of the amended proffers, the planning director shall make them part of the public record. The planning cornmlssion shall not consider any proffer not made available for public revlew for at least +ert-(-@ fifteen LM days prior to the public hearing. After holdlng a public hearing on the proposed rezoning, the planning commission, In taking Its actlon on the proposal, may recommend acceptance of all, acceptance of sorne and rejection of sorne, or rejection of al I of the proffers. The planning commission may also, with the concurrence of the petitloner, defer action to a later meeting for the purpose of considering revised proffers, but only so that such revisions are submltted and reviewed on the same time schedule as for the original proffers, as established In this sectlon. Upon completton of planning commission action, the matter shall be forwarded to the city council In the manner of all rezonings. The city council, In acting on the proposal may accept all, accept some and reject sofne, or reject all of the proffers. The city council may also modify any proffered condition, but only with the concurrence of all parties to fhe proffer, and only after a new pubilc hearing Is held to conslder the modified proffer with the ritodified proffer being submitted In writing to the planning director at least ten (10) days prior to said public hearing. The planning cornmission and city council may reject any proffer for failure to submitted It In form acceptable to the city attorney, and the city council shall accept only those proffers submitted In form acceptable to the city attorney. No proffer may be modified or added except In accordance wlth these provisions. Afier the effective date of this subsection, the city counci I shal I attach no condition to nor accept any proffer with a rezoning except In accordance with thts section. Nothing hereln shal I be deemed to supersede any provisions of Section 107(a) through (f) of thts ordinance. (7) Recordation of proffer and amendmerit of zoning map. If the city council approves the rezoning petition and accepts the written proffer, the city attorney shall, within ten (10) days of the city council's action, examine the appropriate records so as to determine whether any change in the interest in the property has occurred since the date of the title certificate oescribed Iii stil)section (Iv). tri tlie event tliat the city attortley determines tliat no sucli change in interest has occurred, he shdll, within tlie said ten (10) day period, present tile proffer to the clerk of the circuit court for recordation. If tlie city attorney determities that a change in interest In tlie property lias taken place, and that, in his opinion, sucli change may adversely effect the city's interest, he sliall notify tlie applicatit in writing that the proffer will not be recorded and that the city council's action In approving tlie rezoning will be rescinded and void unless an appeal is filed for a hearing before the city council within sixty (60) days of tlie date of tlie city attorney's letter. The city attorney sliall mail tlie notice described herein to the applicant at the address given by the applicant on the rezoning petition. In the event that the applicant files an appeal within sixty (60) days of tlie date of tlie city attorney's letter, lie shall be given the opporturiity for a hearing before tlie city council. At tlie conclusion of such hearing, tlie city council may, in its legislative discretion, permit tlie applicant a certain amount of tlme in wliich to correct tlie object raised by the clty attorney or may rescind its edriier action in approving the rezoning. If either the applicant fails to file his appeal wittiln the said sixty (60) day period or upon hearing tlie appea.] tlie city council acts to rescind its earlier action, the approval of the rezoning application stiall be void. In no event shall the zoning map be changed to reflect tiiecitycouncil's approval of theconditional zoningapplication tilitil tilp. plaiiiiliig (ilrector recelves written riotlce from tile city attoriiey ttiat tlie proffer has been properly recorded. (8) Effect of recor(led proffers. Once proffered and accepted as part of an amendmetit to tlie zonitig ordinance, such condltiolis shall coritinue in full force and effect until a subseqtlent aniendmeiit cliatiges tlie zoning oh tlie property covered by sucli conditions; provlded, liowever, that such conditions stiall continu.e if tlie subsequent amendmetit is partof thecomprehensive implementation of a new or substantially revised zoning ordinance. The zoning administration officer is hereby vested with all necessary authority to enforce sucli conditions. (9) Ameridments to accepted proffers. Ilo amen(iment shall be made to ayiy accepte(i proffer except in tlie mariner of a new rezollitig ai)ljllcaLloii as set fortli lierelli. fe@itions tlgt M@etlng-Ml!!!Tqm--RequiTements. Any petition for wlilcii tile p.@rcel Involved or structure on nieeL niiiii-muitt a-v-e--a -r--e-s-L-r 1-c-Lio-i-i-s s-i-i-ai i il@ @@6E6ii6@l ----------- rievertlieless, but stiall not be approved by Council unless It 105 finds that either spdcial circumstances Pertinent to the site or special o@nd tions attached to the petition pursuant to torily offset the negative effects inherent in tile area or dimensional deficiency. Adopted by the Council of the City of Virginia Beach, Virginia, on tlie 27 day of March 1989. 106 AN ORDINATICE TO AMEND AND REORDAIN ARTICLE 2, SECTION 221 OF TIIE CITY ZONING ORDINANCE PERTAINING TO PROCEDURAL REQUIREMENTS AND GENERAL STANDARDS FOR CONDITIONAL USES BE IT ORDAINED BY TIIE COUNCIL OF TIIE CITY OF VIRGINIA BEACH, VIRGINIA: Tliat Article 2. Section 221(c)(e)(i), Procedural requirements and general standards for conditional uses, be amended and reordained in part as follows: Sec. 221. Procedural requirements and general standards for conditional uses. (c) Action by the planning director. The planning director shall study tlie application and sliall confer with pertinent city agencies to determine wl)ether the proposed condltional use conforms to the general purpose and intent of tlie deyelopment @ eliensive plan, any applicable regulatioris tliat liave been a(lopted, and tlie requirements of this ordlnance. Upoii conll)letiori of sucli review, if tlie dlrector shall determine that ally proposal in tlie application does not meet the requirements of this ordinance, he shall reject the application and return it forthwitli, with its accompanylng fee, to the applicant. If the application does meet tlie requiremeiits of tlils ordltiance, tlie director sliall tratismlt all the f ltiditigs aiid reconinendations of tlie city agencies to tlie planning commission. llowever, nottilng fierein shall prohibit the director from acceptiiig a coii(litional use permit application if an--ac-c@mpanytng appi4eation-49-pptifiinq-hpferp.-any-pubi4e-agpncy,-and-4f-approval-of-the aeeempany4ng-app44cat4or,@tkl4-br-Ing-the--subje,E-t--W@@nf-ormtt-y-w4th failure to meet_the applicable requiremerits ls- (lue solely_@q_@@ea pr_dlnieiislotial liisuf--fl-c--I-ettcy of ti-ie--]-o-t-u--p--o-n wlitcli It Is i)ro sed. Atiy--a-p-pe--ai-ig--Ii@Fnl-fFo@ the decision -of-tlie POSI-- pf-anning dir-ee-tor may be made dlrectly,to the city manager. (e) Actioii by clty couticti. After receiving the recommenclations of tlie city ageticles atid tlie plaiiiiing commission, tlie city council shall tiold a public liearitig and act upon the proposed conditional use, granting tlie application iti wliole or in part, with or witliout mo(ilfica- tioris, or d(,tlyirig it. In a(l(lltlon to tlie general or specific requlrements set forth in tliis ordlnarice coticeriiing tlie proposed use, which shall be considered minlmum requirements with respect to tlie permit, additiotial reqtiiremetits, coti(litiolis ati(i sifegtiar(lq may he aricle(i by tlie city cotifir.11 as i,etltjlv@e(i foi, Lli(' lit(itp@ctioli r)f litjl)llc Ititer,est Iii tile specif Ic (:ase. In atiy case wilere tlie area or dimerislotis of tlie subject site or exlstiriq structures cri tlie site -- fail-to meet tlie minimums-establistied by_this orditiatice. (:otii)Ci@Fiall tiot al)pl,ove sucli appllcitlon utiless It f lii(Is - --i-[i ------------ ------ a (@oll -0-11-S .-L-o___ILs _al)p_!ovai a sfactarl!y f f set Llie ----------------- -- tiegative effects ltiliey,etit Iii Llie area or dimeiisiolial deficieticy. 107 (i) Compllance with requirements. No conditional use permit shall be Issued except upon a finding by the city council that the proposed use conforms to the requirements set forth in this ordinance .or that any deflciencles of area or dimenslon are satisfactorily offset !Fions and that the proposed conditional use, together ons attached, will be compatible with the neighborhood lti wlilcii It Is to be located, both In terms of existing land uses and conditions and Iti terms of proposed land uses and uses permitted by right in tlie area. Among matters to be considered In this connection are trafric flow and coiitrol; access to and circulation withili tlle property; off-street parkitig atid loading; refuse and service areas; utilities; screening and buffering; signs, yards and other open spaces; height, bulk and location of structures,; location of proposed open space uses; tiours and manner of operation; and noise, light, dust, odor, fumes atid vibratiolis. Adopted by tlie Couiicil of tlie Clty of Virginia Beach, Virgirita, of the 27 day of March 1989. 108 - 48 - Item III-H.I. UNFINISHED BUSINESS RESCHEDULE OF CITY ITEM # 30975 COUNCIL SESSION Upon motion by Councilman Heischober, seconded by Vice Mayor Fentress, City Council CANCELLED: The City Council Sessions of October 16, 1989, which may be RESCHEDULED at a later date. AND, RESCHEDULED: City Council Sessions of October 9, 1989 to October 30, 1989. The October Planning Items will be SCHEDULED for the City Council Meetings of October 23, 1989, at 6:00 P.M., and October 30, 1989, at 2:00 P.M. Voting: 11-0 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, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None RUTH HODGES SMITH, CMC/AAE 281 CIW HALL BUILDING Cl@ CLERK MUNICIPAL CENTER VIRGINIA BEACH. VIRGINIA 2345&9" 1-101\1(DRABL..E. MAYOR MErlEIERS C)F CITY CC)LJI\ICIL.- C)ri ]@IEl cti ttik-, F'o)-nial E3essi(-,-ri. City Cc-t..tv-icil v(--ted tc, CANCEI.- the c-i-i October- 9@ 19E;,?. Y(:@t..t reqt-testc-(-] a I-epc,v-t C., i-i thc., Ai-)VlLkZ@.1 Cc.-n,fer-f@ricc@ (J i. t @- 1-c-y- t@ic.@ VIRGII41p, MUNI(-.].POL- I EAGUE- a,-id t@ie I\IATIONC@l.- L-@-AGLJE@ OF (--,ITI,ES thie; F@il.l. @l-hc,sF. iLc:@ir@dLLIEd: VIP,GINIA L-E(,GUE C)(-.tcL)er 15--17, 1989 'rysc:,,-,s Cc,i-yiey- vj.r,giriia iOc. tc-bei- .1989 f i.ve.@ (5) I,Jt)-rIONAL L-Eo(@UE OF CI'TIE:-'@3 I,,IcvE.@.fiibey- OtI.Ellita, -'T@i ti (i i v i r)q (,J(- I:: - f-@nd i.7.,n(-l i-. v c@, 1. v i-@ s-, 0 I-I(j F,.l y c, v LL- (Ti L) t@?) - @-@ 7 ']-his item is @,(.-hecli..(Ied l'or LJI\IF-INISI-IED BUSINESS tl-.e Sessic,r. c.,f City C@cLtr)C'.Ll lll@Arch 27, 1989. Rt@ttf-i lic-cigt2@ (-.:MC City Cler,l.,. - 49 - Item 111-H.l. NEW BUSINESS ADD-ON ITEM # 30976 Upon motion by Councilman Heischober, seconded by Councilman Perry, City Council ADOPTED: Ordinance authorizing certain changes in Compensation for Certain City Council Appointees. Voting: 8-3 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Meyera E. Oberndorf, 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: None AN ORDINANCE AUTHORIZING CERTAIN CHANCES IN COMPENSATION FOR CERTAIN CITY COUNCIL APPOINTEES WHEREAS, City Council desires to make certain changes in compeiisation for certain City Council appointees; and WHEREAS, those changes in compensation will require additional funds in salaries and fringe benefits for those positions affected. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH: That the following changes in compensation for Council appointees are hereby approved: 1. City Assessor - Annual salary increased by four percent (4%) effective January 1, 1989; 2. City Attorney - Annual salary increased by five percent (5%) effective January 1, 1989; 3. City Clerk - Annual salary increased by four percent (4%) effective January 1, 1989. BE IT FURTHER ORDAINED that funds are available in the 1988-89 budgel. This Ordinance shall be retroactive to January 1, 1989. Adopted by the Council of the City of Virginia Beach, Virginia, on the 27 March day of 1989. - 50 - Item IV-L.l. ADJOURNMENT Item # 30977 Upon motion by Vice Mayor Fentress and BY ACCLAMATION, City Council ADJOURNED the Meeting at 11:40 P.M. Beverr@ 0. Hooks Chief Deputy City Clerk :Yuth Hodg@s Sihith, CMC Oberndorf City Clerk City of Virginia Beach Virginia