MAY 28, 1991 MINUTES
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
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MAY 28, 1991
ITEM 1. CITY MANAGER'S BRIEFING - Council Chamber - 4:30 PM
A. LAKE RIDGE PROFFERS
Robert Scott, Director, Planning Department
Gary Fentress, Deputy City Attorney
ITEM 11. INFORMAL SESSION Council Chamber - 5:15 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO EXECUTIVE SESSION
ITEM 111. FORMAL SESSION Council Chamber - 6:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. INVOCATION: Reverend B. Rudolph Lewis
Newlight Baptist Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF EXECUTIVE SESSION
F. MINUTES
1. INFORMAL & FORMAL SESSIONS - May 14, 1991
G. RECOGNITION OF "DESERT STORM" PRISONERS OF WAR
Lieutenant Lawrence R. Slade, USN
Lieutenant Robert Wetzel, USNR
Lieutenant Jeffrey N. Zaun, USN
H. COUNCIL COMMITTEE REPORT
1. 1986 BOND REFERENDA
William A. Schlimgen, Chairman
1. RESOLUTIONS
1. Select preferred alignment of rural road improvements along Princess
Anne Road at Buzzard Neck Road (CIP 2-021) (PUNGO BOROUGH).
2. Resolutions referring to -@he Planning Commission proposed Amendments to
the City Zoning Ordinance:
a. ADDING Section 233.1 re certain eating and drinking establishments
serving alcoholic beverages for on-premises consumption.
b. AMENDING Sections 203, 901, 1001, 1511 and 1521 re land use category
of certain eating and drinking establishments serving alcoholic
beverages.
Sponsored by Councilwoman Reba S. McClanan
3. Resolution ratifying an application made to the Virginia Public School
Authority for a Literary Fund loan In the maximum amount 6t $6,370,000,
to finance the construction, renovation and expansion of school
buildings in Virginia Beach.
J. ORDINANCES
1. Ordinance, upon FIRST READING, to appropriate $36,612 to the
Commonwealth's Attorney's Office for an additional Attorney I position
to be funded by a $28,738 Increase in estimated revenues; and, TRANSFER
$7,874 from Reserves for Contingencies.
2. Ordinance authorizing the City Manager to TRANSFER $155,731 from the FY
1991-92 General Fund Reserves to the Department of Permits and
Inspections; and, establish all positions necessary to implement a
combined Truck Weighing and Welghts and Measures Program.
3. School Superintendent's letter to the City Manager, dated May 22, 1991,
re transfer of legal services from the School Board to the City
Attorney's Office.
K. CONSENT AGENDA
All 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. If an item Is removed from the Consent Agenda, It will be
discussed and voted upon separately.
1. Resolution to name the Coninunity Recreation Center to be constructed on
Ferrel I Parkway in the Southeastern portion of the City of Virginia
Beach.
2. Ordinance declaring a 1.092 acre parcel situated at Courthouse Drive and
Glebe Road as EXCESS property; and, authorizing the City Manager to
convey same as an exchange parcel to Contel of Virginia, Inc.
3. Ordinance authorizing acquisition of property in fee simple for right-
of-way for North Landing Road and Salem Road intersection improvements;
and, acquisition of temporary and permanent easements of right-of-way,
either by agreement or condemnation (CIP 2-816).
4. ordinance authorizing acquisition of property In fee simple for right-
of-way for Luxford Elementary School, school zone caution light project,
traffic control easement; and, acquisition of temporary and permanent
easements of right-of-way, either by agreement or condemnatlon (CIP 2-
816).
5. Ordinance, upon SECOND READING, to ACCEPT and APPROPRIATE $1,611 Grant
from the Virginia Division of Emergency Medical Services to the
Department of Emergency Medical Services re purchase of laser jet
printer.
6. Ordinance, upon FIRST READING, to ACCEPT and APPROPRIATE $100,266 to
the Department of Mental Health/Mental Retardation/Substance Abuse
Services re substance abuse programming in the Criminal Justice System
and for w(xnen and youth.
7. Ordinances re Centerville Turnpike - Phase IA (CIP 2-810):
a. TRANSFER $200,000 for engineering, utility relocations, site
acquisition and staff support costs.
b. Authorize acquisition of property in fee simple for right-of-way;
and, acquisition of temporary and permanent easements of right-of-
way, either by agreement or condemnation.
8. Ordinances re Ferrell Parkway - Phases V and V-A:
a. TRANSFER $100,000 to coordinate water line Installation with
accelerated construction of related roadway project (CIP 5-
062).
b. Authorize acquisition of property In fee simple for right-of-way;
and, acquisition of temporary and permanent easements of right-of-
way, either by agreement or condemnation (CIP 2-096).
9. Ordinance to TRANSFER $5,419,097 between school projects to purchase an
additional school site and accelerate openings of an elementary and high
school.
10. Ordinance to TRANSFER $85,256 to Kline Farm Sewer (Kline Farm
Subdivision, Lynnhaven Borough) to fund the City's share of a Cost
Participation Agreement (CIP 6-038).
11. Ordinance to authorize a temporary encroachment into a portion of the
City's property at Lobaugh Drive and Kampsville Road to Kempsville
Recreation Association (KEMPSVILLE BOROUGH) for an Identification sign.
12. LOW BID:
CONTRACTORS PAVING 1990-91 BITUMINIOUS CONCRETE $522,387.50
COMPANY, INC. MAINTENANCE - UTILITY SCHEDULE
CONTRACT [V
13. Ordinance authorlzing tax refunds in the amount of $5,583.52.
L. PUBLIC HEARING
1. PLANNING
a. ordinance for the discontinuance ' closure and abandonment of a
portion of Strawbri Road, beginn ing at the Western boundary ot
General Booth Boulevard and running In a Northwesterly direction a
distance of 364 feet more or less in the petltion of FERRELL PARKWAY
ASSOCIATES, INC. and THE BROWN FARM ASSOCIATES (PRINCESS ANNE
BOROUGH).
Deferred for Compliance: April 30, 1990
Deferred two weeks: November 13, 1990
Additional 90-Day Deterral: November 27, 1990
Additional 90-Day Deferral: February 26, 1991
Recommendation: FINAL APPROVAL
b. Ordinance for the discontinuance, closure and abandonment of the
following parcels n the petition of THE RUNNY14EDE CORPORATION
(LYNNHAVEN BOROUGH):
Parcel 1: Closure of a portion of Walnut Street, beginning at the
Northern boundary of South Boulevard and running Northerly -ro the
Southern boundary of the Virginia Beach-Nortolk Expressway, being 66
feet In width.
Parcel 2: Closure of a portion of Fourth Street, beginning at the
Western boundary of Spruce Street and running Westerly a distance of
610 feet, belng 50 feet In width.
Deferred Thirty Days: October 9, 1990
Deferred for Compliance: November 13, 1990
Recommendation: FINAL APPROVAL
c. Petition of HARRY SANDLER for the discontinuance ' c'osur e and
abandonment of a portion of Jetty Street, beginning at th. Sou-thern
boundary of Shore Drive and running In a Southerly direction a
distance of 330.64 feet more or less, containing 18,687 square feet
(LYNNHAVEN BOROUGH).
Deferred Sixty Days: June 25, 1990
Deferred for Compliance: August 28, 1990
Additional 90-Day Deferral: February 26, 1991
Recommendation: ADDITIONAL 60-DAY DEFERRAL
d. Petition of WILLIAM T. WINGFIELD for the discontinuance, closure and
abandonment of portions of Emblem and Shell RoLds, located at the
Northeast intersection of said streets, containing 2,495 square feet
(BAYSIDE BOROUGH).
Deferred for Compliance: November 27, 1990
Recommendation: ADDITIONAL 180-DAY DEFERRAL
e. Petition of THOMAS A. and ANNE M. STAFFORD for the discontinuance,
closure and abandonment of a portion of Cape Henry Drive, running a
distance of 100 feet along the Northern boundary of Lot 35, Section
5, Part 2, Lynnhaven Colony, being 25 feet In width and containing
2500 square feet (LYNNHAVEN BOROUGH).
Recommendation: APPROVAL
f . Application of LYNNHAVEN UNITED METHODIST CHURCH for a Conditional
Use Permit for a church addition on the South Side of Little Neck
RoaT, 2-00 feet mo e or less West of Harris Road (1033 Little Neck
Road), containing 3.549 acres (LYNNHAVEN BOROUGH).
Recommendation: APPROVAL
g. Application of GEORGE LOIZOU for a Conditional Use Permit for
automobile sales on the South side of Virginia Beach Boulevard,
79.45 feet West of Clearfield Avenue (5329 Virginia Beach
Boulevard), containing 27,676 square feet (BAYSIDE BOROUGH).
Recommendation: APPROVAL
h. Applications of LAKE RIDGE ASSOCIATES for Conditional Zoning
Classifications (PRINCESS ANNE BOROUGH):
(1) AG-1 Agricuitural District to A-12 Apartment District,
containing 103.5 acres:
PARCEL 1: 4000 feet more or less Southwest of the intersection
of Princess Anne Road and Landstown Road.
PARCEL 2: 6400 feet more or less Southwest of the
Intersection ot Princess Anne Road and Landstown Road.
121 AG;l. Argr csusltsur@l DiFtrict t. A-18 Apartment District 5050 feet
mo outhwest ot Tne intersection of Princess Anne Road
and Landstown Road, containing 23.6 acres.
131 AG-1 Ag rc ultkiral District to B-2 Community Business District,
contain Ing 187 .1 acres:
PARCEL I : 1200 feet more or less Southwest of Princess Anne
oad, 4600 feet more or less Southeast of Landstown Road.
PARCEL 2: 2200 feet more or less Southwest of Princess Anne
o d, 3900 feet more or less Northwest of North Landing Road.
PARCEL 3: 900 feet more or less West of Landstown Road, 2800
feet more or less Northwest of Princess Anne Road.
(4) AG-1 Agricultural District to H-1 Hotel District 3400 feet more
or , ess West of Princess Anne Road beginning at a point 4800
feet more or less Southwest of the Intersection of Princess Anne
Road and Landstown Road, containing 15 acres.
(5) AG-1 Agricultural District to 0-2 Office District, containing
200 acres:
PARCEL 1: 1200 feet West of Princess Anne Road beginning at a
point 1400 feet more or less Southwest of the intersection of
Princess Anne Road and Landstown Road.
PARCEL 2: 1200 feet East of Landstown Road beginning at a
point 3050 feet more or less South of the Intersection of
Landstown Road and Princess Anne Road.
PARCEL 3: 1200 feet West of Landstown Road beginning at a
point 1800 feet more or less Southwest of the Intersection of
Landstown Road and Princess Anne Road.
PARCEL 4: 1200 feet West of Landstown Road beginning at a
point 3250 teet more or less Southwest of the Intersection of
Landstown Road and Princess Anne Road.
PARCEL 5: 1200 feet West of Landstown Road beginning at a
point 4850 feet more or less Southwest of the intersection of
Landstown Road and Princess Road.
(6) AG-1 Agricultural District to 0-2 Office District located 1200
feet more or less southwes-t of Princess Anne Road, Ylou feet
more or less Southeast of Landstown Road, containing 155.6
acres.
(7) AG-1 Agricultural District to 0-2 Office District, containing
180.1 acres:
PARCEL 1: 7320 feet more or less Northeast of the Intersection
of Landstown Road and Salem Road.
PARCEL 2: 1800 feet inore or less Southwest of the
intersection of Landstown Road and Princess Anne Road.
18) AG I A_qrlcultural District to P-1 Preser,,3ti.n District 1200
fe;t West of Landstown Roaa beginning at a point 3000 feet more
or less Southwest of the intersection of Princess Anne Road and
Landstown Road, containing 117 acres.
191 AG-2 ,gricult"ral District t. B-2 Community Business District on
the Southert side ot Ilrinces Anne Road, 4460 feet more or ess
Southeast of the intersection with Landstown Road, containing
18.5 acres.
1101 AG-2 Aqrlcultur,31 District tc) 0-2 Office District 1200 feet more
or 1.@s South west ot the intersection of Landstown Koaa and
Princess Anne Road, containing 3.3 acres.
(11) AG-2 Agricultural District to 0-2 Office District on the East
and West si des of Landstown Road, boutn of the Intersection
with Princess Anne Road, containing 143.2 acres.
(12) AG-2 Agricultural District to 0-2 Office District on the
Southwest side of Princess Anne Road, 9100 feet more or less
Southeast of Landstown road, containing 17 acres.
(13) AG-2 Agricultural District to P-1 Preservation District on the
East and West des of Landst wn Road, 7200 feet more or less
East ot Salem Road, containing 20.1 acres.
(14) R-5D Residential Duplex District to 0-2 Office District 1250
feet more or less Southwest of the intersection of Princess Anne
Road and Landstown Road, containing 8.5 acres.
Deterred for the Adoption of the Comprehensive Plan
Deferred March 26, 1991
Deferred April 9, 1991
Recommendation: APPROVE ALL APPLICATIONS
M. APPOINTMENT
FRANCIS LAND HOUSE BOARD OF GOVERNORS - Resignation
N. UNFINISHED BUSINESS
0. NEW BUSINESS
P. ADJOURNMENT
5/23/91 cmd
M I N U T E S
VIRGINIA BEACI-I CITY COUNCIL
Virgliiia Beacii, Virginia
May 28, 1991
Mayor Meyera E. Oberndorf called to order the CITY MANAGER'S BRIEFING relative
the LAKE RIDGE PROFFERS of the VIRGINIA BIEACH CITY COUNCIL in the Council
Chamber, City Hall Building, on May 28, 1991, at 4:30 P.M.
Council Members Present:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Absent:
None
- 2 -
C IT Y MANA GE R ' S B R I E F IN G
LAKE RIDGE PROFFERS
4:30 P.M.
ITEM # 34447
Robert J. Scott, Director of Planning, advised the LAKE RIDGE application for
Conditional Zoning Classifications did not previously contain proffers which
complied with the COMPREHENSIVE PLAN. The applicants have submitted in
accordance with established policy a set of documents which have been reviewed
and meet the four-part test established for Transitional Area I contained in
the COMPREHENSIVE PLAN:
There must be a positive fiscal impact.
The project must be phased so transition can properly occur and
design criteria must be established for the appearance of the
project.
All on-site roadways needed for adequate traffic flow should be the
responsibility of the developer, and the developer should pay the
projects pro rata share of all other needed capital improvements
including but not limited to, off-site roadways, drainage, schools,
libraries, and fire stations, through voluntary conditional zoning
proffers. Additionally, the proffers should guarantee that the
development will be delayed or phased until the long-term roadway
network needed to adequately service the project is in place.
Residential development supplementary to commercial, industrial and
institutional uses should not exceed 3 units per acre in density, nor
30% of the land use area of the project.
The proffers have been reviewed by the City Staff and they concur that these
tests have been met.
Mr. Scott advised before any other event would occur, the applicants would file
a resubdivision plat that basically creates two parcels of land, one north of
the existing North Landstown Road and one south of it. This plat will identify
the rights-of-way to be dedicated in conjunction with this project. The
alignment will be identified in accordance with approved plans reviewed by the
City Engineer's Office, which would also quantify the acreage involved. The
rights-of-way would be dedicated either by that plat or any other way which the
City deemed appropriate. Mr. Scott utilized a map to depict the rights-of-way
involved. The applicant will dedicate the necessary right-of-way for the Dam
Neck Road/Elbow Road Extended, Princess Anne Road, and the 15G-foot arterial.
The applicant has proffered the dedication of the necessary rights-of-way to
make Princess Anne Road a 188-foot right-of-way width.
The applicant has agreed to reserve the right-of-way for the Southeastern
Expressway along Alignment BE-10. The applicant has agreed to dedicate any
other rights-of-way the City deems necessary at a later time. It was agreed the
Southeastern Expressway right-of-way would be reserved for a period of ten
years at a price not to exceed $60,000 per acre. This value would increase
slightly according to a schedule depicted in the proffers each year over the
ten-year period. The applicant is required to pay the City a certain amount of
money to offset the needs generated. The golf course would be the first portion
to be built. The applicant would have to acquire a Conditional Use Permit for
same prior to commencing construction. No other building permits or any other
use would be acquired or even sought before the golf course is completed and
also would not be issued prior to January 1, 1993. The applicant has proffered
all water, sewer and on-site roadways will be his sole responsibility. Prior to
commencing any particular section of the development, the applicant will come
forward to the City Council with design criteria encompassing elements outlined
in the proffer agreement.
- 3 -
C I T Y M A N A G E R ' S B R I E F I N G
LAKE RIDGE PROFFERS
ITEM # 34447 (Continued)
The applicant has agreed to provide separate proffer charges for the
Residential and Non-residential Use. The exact values of the cash proffers for
Residential and Non-residential Uses are spelled out in the proffers and are
based upon the Burchell-Listokin method. Cash proffers for residential units
will be paid at the time the building permit is issued and for non-residential
units twenty percent (20%) of such payment shall be made at the time of the
purchase of each building permit and the remaining eighty percent (80%) shall,
at the same time, be secured by a bond or an irrevocable letter of credit
acceptable in form to the City Attorney, which shall secure payment of the
remaining sum which will be due prior to the issuance of the certificate of
occupancy. All payments shall be made to the Planning Department, payable to
the Treasurer of the City of Virginia Beach.
All funds collected by the Grantee will be utilized to offset the cost of the
Ferrell Parkway Phase II road project or, at the discretion of the Grantee, any
other capital improvement in the five-year Capital Improvement Program at the
date the funds are collected, or any other improvement of the type not normally
included in the CTP, so long as the need for the improvement is a direct result
of this rezoning and has a reasonable relationship thereto. Should the City of
Virginia Beach fail to utilize the cash proffers or any part thereof for any of
the purposes set forth herein within ten years of the payment of same, then any
of the said sums not so used shall be returned to the Grantor or other parties
making such payments.
Grantor agrees to dedicate to the City of Virginia Beach such additional
rights-of-way as may be required by the City in excess of the rights-of-way
which will be dedicated by the Grantor for roads, which will be constructed
pursuant to proffer 7. Grantor shall be given credits for such dedications of
additional rights-of-way to be applied against the proffer charges designated.
The value of the dedication of the additional rights-of-way is reflected on the
schedule contained within the proffer agreement. The Planning Department will
maintain appropriate records of credits received and credits released. Tnterest
will accrue on the credit balance at the rate of 2.7% compounded annually on
the first day of each year based on the total credit balance as of the last day
of the previous year.
SCHEDULE ii
CREDIT VALUES FOR RIGHTS-OF-WAY
Date of Dedication Per Acre
1/1/92 - 12/31/92 $60,000
1/1/93 - 12/31/93 61,620
1/1/94 - 12/31/94 63,283
1/1/95 - 12/31/95 64,992
1/1/96 - 12/31/96 66,747
1/1/97 - 12/31/97 68,549
1/1/98 - 12/31/98 70,400
1/1/99 - 12/31/99 72,301
1/1/2000 - 12/31/2000 74,253
1/1/2001 - 12/31/2001 76,257
For dedications made after December 31, 2001, such amounts shall increase at
2.7% per annum.
The percentage of residential/non-residential is 10%/90% in terms of acreage.
Mr. Scott estimated the build-out to be in approximately twenty (20) years.
Ma 28 1991
- 4 -
C ON C E R N S OF T RE MAYOR
5:20 P.M.
ITEM # 34448
Mayor Oberndorf expressed appreciation to Vice Mayor Fentress and the Members
of City Council for their assistance, as well as the members of the public with
their supportive good wishes and prayers, during her absence and recuperation
from major surgery.
ITEM # 34449
On May 23, 1991, Mayor Oberndorf testified as Chair of the National League of
Cities Energy, Environment and Natural Resources Committee on the
REAUTHORIZATION OF THE CLEAN WATER ACT before the Public Works and
Transportation Committee/Water Resources Subcommittee - United States House of
Representatives. Although, Mayor Oberndorf testified on Wetlands, the National
League of Cities Steering Committee addressed each one of the phases of the
Clean Water Act and allowed Congress the opportunity to visit firsthand with
locally elected officials attempting to carry out mandates without the
complimentary funding from the Federal Government and the resulting impact. On
Thursday, May 23, 1991, Channel 7, an ABC affiliate, which had been doing a
series of articles relative beaches up and down the East Coast broadcast a
story on Virginia Beach. Mayor Oberndorf did not have the opportunity to view
the finished product, but had visited with the reporter a week or two in
advance of the story and was told by everyone it was a very positive story
reflecting a wonderful vacation destination for families.
A copy of Mayor Oberndorf's Testimony was distributed and is hereby made a part
of the record.
- 5 -
ITEM # 34450
The INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order by
Mayor Meyera E. Oberndorf In the Counci I Chambers, City Hal I Bui ldlng, on
Tuesday, May 28, 1991, at 5:22 P.M.
Councll Members Present:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndort, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Absent:
None
- 6 -
ITEM # 34451
Mayor Meyera E. Oberndorf entertained a motion to permit City Counci I to
conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of
Virginia, as amended, for the following purposes:
1. PERSONNEL MATTERS: Discussion or consideration of or Interviews of
prospective candidates for employment, assignment, appointment, promotion,
performance, demotion, salaries, discipi ining, or resignation of specif lc
publ lc off icers, appointees, or employees pursuant to Section 2.1-344 (A)
(1).
To-Wit: Appointments; Francis Land House Board of Governors
Public-Use Golf Course Committee
Upon motion by Vice Mayor Fentress, seconded by Counci Iman Clyburn, City
Council voted to proceed Into EXECUTIVE SESSION.
Voting: 11-0
Council Members Voting Aye;
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vlce Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Nancy K. Parker, Mayor Meyera E. Oberndorf
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent
None
- 7 -
F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
May 28, 1991
6:00 P.M.
Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA
BEACH CITY COUNCIL in the Council Chambers, City Hall Building, on Tuesday, May
28, 1991, at 6:00 P.M.
Council Members Present:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McCianan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and Wliliam D. Sessoms, Jr.
Council Members Absent:
None
INVOCATION: Vlce Mayor Robert E. Fentress
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
8
Item III-E.l.
CERTIFICATION OF
EXECUTIVE SESSION ITEM 34452
Upon motion by Vice Mayor Fentress, seconded by Counci Iman Baum, City Counci I
CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
only public business matters lawfully exempted from
Open Meeting requirements by Virginia law were
discussed In Executive Session to which this
certificatlon resolution applies;
AND,
Only such public business matters as were
Identified in the motion convening the Executive
Session were heard, discussed or considered by
Virginia Beach City Council.
Votlng: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndort, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
4b,
groolutton
CERTIFICATION OF EXECUTIVE SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into EXECUTIVE
SESSION, pursuant to the affirmative vote recorded in ITEM # 34451,
Page No. 6 and in accordance with the provisions of The Virginia
Freedom of Information Act; and,
WHEREAS: Section 2.1-344.1 of the Code of Virginia requires a
certification by the governing body that such Executive Session was
conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City
Council hereby certifies that, to the best of each member's knowledge,
(a) only public business matters lawfully exempted from Open Meeting
requirements by Virginia law were discussed in Executive Session to
which this certification resolution applies; and, (b) only such public
business matters as were identified in the motion convening this
Executive Session were heard, discussed or considered by Virginia
Beach City Council.
R Hodges gfnith, CMC/AAE
City Clerk May 28, 1991
9
Item III-F.l.
MINUTES ITEM 34453
Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City
Council APPROVED the Minutes of the INFIORMAL AND FORMAL SESSIONS of May 14,
1991.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Abstaining:
Meyera E. Oberndorf
Council Members Absent:
None
Mayor Oberndorf ABSTAINED as she was not in attendance during the City Council
Session of May 14, 1991.
- 10 -
Item Ill-G.1
MOMENT OF SILENCE ITEM # 34454
Mayor Oberndorf requested a NOMENT OF SILENCE in remembrance for those killed
In action during "DESERT STORM":
LIEUTENANT COMMANDER BARRY T. COOKE
(wife and three children live In Virglnia Beach)
LIEUTENANT PATRICK K. CONNER
(Financee lives In Virginia Beach)
Lieutenants Cooke and Conner tlew together In VA36.
Mayor Oberndorf also recognized Lieutenant Devon Jones, who flew with
Lieutenant Larry Slade and was shot down but, thankfully, was rescued.
Item Ill-G.2
RECOGNITION OF "DESERT STORM" ITEM 34455
PRISONERS OF WAR
Mayor Oberndorf RECOGNIZED the "DESERT STORM" PRISONERS OF WAR AND PROCLAIMED
May 28, 1991, as their RECOGNITION DAY.
LIEUTENANT LAWRENCE R. SLADE, USN
LIEUTENANT ROBERT WETZEL, USNR
LIEUTENANT JEFFREY N. ZAUN, USN
Lieutenant Slade, Wetzel and Zaun bravely responded to their Country's call to
duty In OPERATIONS DESERT SHIELD AND DESERT STORM, thus taking them far from
home and family and placing them, dangerously, in harm's way. They endured
physical, emotional and spiritual deprivation and suffering while In captivity
at the hands of the enemy.
Mayor Oberndorf presented each with a copy of PRINCESS ANNE COUNTY AND VIRGINIA
BEACH, a pictorial history by Dr. Stephen S. Mansfield and other mementoes of
the City.
Florence McDanlel and Thomas Barton, Co-Chairs of the STAR SPANGLED SALUTE
presented Lieutenants Salde, Wetzel and Zaun with souvenir T-shirts bearing the
emblem of the STAR SPANGLED SALUTE.
Cieutenants Cawrence R. $Iade, Robert ldetzel, and JetCreg N. Faun, of the United States Naug, bid
brauelg respond to their Countr@'s call to Out@ in OPERAC%OU DEOERC @IIZEC;D and DE$ERC $IORM, thus
taking them far from home anb familg anb placing them, oangerousl@, In harm's wa@;
rieutenants Lawrence R. $Iabe, Robert Mebzel, anb Jeffreg H. Zaun biligentlg served their Countrg,
prepareb at anM mment to off@r the ultimate sacrifice in befens@ of the right to freedom;
Citutenants fawrence R. $Iade, Robert B)etiel, anb Jeffreg N. Zaun expertl@ utilizeb bbeir training,
skill, anb abilibg to Oistinguish themselues as Naval Officers anb, euentuallg, as Prisaners Of B)ar in
OPERACION DE$Eitt $CCRM;
Lieu@enants fawrence R. $Iade, Robert I)etzel, and Jeffreg N. Zaun braxelg enoureb phgsical, ematiorial,
anb spiritual deprivation anO suffering while in captivitg at the hands of the enem4;
A@ representatiu@s of Kav@l Air station 0"..a a.d as re.idents of the Citg of Utrglnia Reach,
f,leutenants i:awrence R. $Iade, Robert 10ttiel, and Jeffreg M. laun have ma6e their Citu and camunitg
extremelg proud of their courage, dedicatiort, fortitude, integritj, and skill as Naval Officers;
the United $tates of America and the Citj of I)Irginia Beach awe a tremendous bebt of gratitude to
Ciputenants (:awrence R. $Iabe, Robert Wetzgl, anO Jeffre,3 N. Zaun and ba all gho served here ana abroab
in OPERAEIOK.% DE$ERC $HIECD an6 DUERE OCORM;
mi@: the citiaens of Uirginia Beach wish ba demonstrate our gratituae and appreciation to fientenants
f.awrence R. Slade, Robert Metzel, anh Jeffrej K. Zaun.
Ma, @ORE, I., Megera E. Obernburf, MaZar of the CitA af I)irginia Beach, Uirginia, da herebil PROCCAT.R:
11 A g 2 8 , I 9 9 I
A 5
E B t E N A N t f A f A E N C E A f. A 0 E . n 3 R
x E n l( E n A x 9 R 0 a E I c A E t z F i; I a 5 x R
1: B t E 0 A N C J E F F R E g N . 2 A H N , H S N
R E c 0 6 x I c I 0 x D A g
in )Irginia Beacb, and call upon all citinens to join me in hancring these distinguished Maual Officers and
paging tribute to them for tbeir faithful service tn our Counbrj.
XX KV"l , I have hereunto set m!A hano anO cause6 the Official $eal of the Citj of I)irginia Beach,
t)irginia, to he affixed this 28th bag of Ma!3, Nineteen Hundred anO Ninet-3-One.
e r@ 1. b,,nl@r,
Magar
(;ieutenant @awrence R. glabe, of the United $bates Nav@, bia bravel@ respond to bis Cguntrg's call ta
but,A in OPERACIOK$ DE%ERC $HIE(;D ana DESERC YTORM, thus taking him far fr= h@ anb familg an@ placing
him, dangerouslA, in ham's wa@;
Lieutenant Lawrence R. Slade biligentig served his Cauntr@, prepareb at an4 moment to offer the
ultimate sacrifice In defense of the right to freebam;
: (;ieutenant (:awrence R. Olade expertl@ utiliaed his traininl3, skill, and abilit@ to distingilish himself
as a Kakal Officer and, eventuallA, as a Prisoner Of I)ar in OPERATION DFJERC $TORM;
: (;ieutenant fawrence R. %Iade brauel!3 endured ph@sical, ewtional, ano spiritual beprivation ano
suffering while in captikitg at the hands of the enemA;
: As a representatike of Naval Air %tation Oceana anb as a resibent of the Citg of I)irginia Beach,
I;ieutenant fawrence R. $late has mabe his Citg and c@unitg extremel4 praub of his courage,
debication, fortitube, integrit@, anb skill as a Naval Officer;
: the Unita %tates of America and the Citg of Virginia Beach side a tremendous bebt of gratitude tn
fieutenant fawrence R. $Ia@e and to all mho served hgre an@ abroad in OVERATZON@ DFJER@ slizErD and
DE$ERIC $CORM;
: the citiiiens of I)irginia Beach wish to bemonsbrate our gratitube and appreciatiort to I:ieutenant
Lawrence R. $lade.
03, @00, 1, ffie8era E. Obernaurf, Magor of the CitU of I)irginta Beach, I)irginia, do hgrebg Fmf;Alz.
2 A 0 2 8 1 9 9 I
A
r I E B t E K A R t C A I R E R C E R c A 0 E , B S K
R E c 0 6 N I t I 0 x D A g
in I)ir!ainia Beach, aytd call upon all citizens to jain me in hartering this distinguished Naval Officer and pabing
tribute to him for his faithful service tD our Countr,3.
IR IMMJS I have hereunto set MA hand an@ causeb the Official $eal of the Cit!4 of tlirginia Beach,
I)irginia, to be affixeb this 28th daR af Mag, Kineteen liundre6 anA Mitittg-One.
Mailor
fieutenanb Rabert Metael, of the llnited States Nav@ Reserve, bib brakelA respxind t,3 his Countrg's call
to 6utg In OPERACIONO DESERC %HlECD anb DESERT $EORM, thus taking him far from home artd famiII3 and
placing him, bangerouslg, in harm's mam;
fieutenant R,3bert Metael biligentlg servab his CountrA, prepared at ang =ment to affer the ultimate
sacrifice in 6efense af the right bn freebam;
Cioutenant Robert D)etiel expertlg utilizeb his t!raining, skill, anb abilit@ L'a distinguish himself as a
Naval Ofticer and, eventuaII4, as a Prisoner Of Mar in OPERACION DEGERE $EORM,,
fieutenant Robert IDetiiel bravelg endureb phgsical, eawtional, anb spiritual @eprivatil)n and suffering
while itt captivitm at the hanbs of the enemg;
: As a representative of Naval Air $tation Oceana and as a resiaent at the Citg of I)irginia Beach,
I;ieutenant Robert MetAel has made his Citg and camunitA extramel@ proud af his courage, bedication,
Certitude, integritg, and skill as a Naval Officer;
: the United States of America anb the Cit!g of Virginia Beach awe a tremenbous bebt of gratitude to
Cieutenant Robert Wetiel anb to all who serjed here an6 abruab in OPERACION,$ DESERC %IiIEL;D artd DE%ERC
.$EORM;
: the cittiens of I)irginia Beach wish to be=rtstrate our gratitude and appreciation to Cieutenant!
Robert gatiel.
RO, @ME, 1, Megera E. Obernburf, Malaor of the Cit!!3 of I)irginia Deach, I)irginia, ba herebg P44cfAls:
a A 0 2 8 , I 9 9 I
A 5
r I E u c E x A x c R 0 B E R c a E c 2 E r , a 's x a
a E c 0 6 x I c I 0 x D A g
in I)irginia Beach, anb call upon all citi;iens t,3 join me In honering this bistin,2uished Naval Officer and paging
tribute ta him for his faithful service t,3 our Count!ru.
%X K I have hereunto set Ma hana and caused the Official $eal 3f the Citg af I)irginia Beach,
I)irginia, to he affixeb this 28th bag of Ma-A, Nineteen Ounbred and Kinetl3-One.
era r. lerlrl
Mag,3r
ficutenant aeffreg M. Zaun, of the Unitea $bates Nav@, Oid bravelg respond ta his C,3untrg's call to
butil in OPERACIO?U DFJERC @RlEfD and DFJERC $EORM, thus taking him far fram hame and familg ana placing
him, dangerausill, in harm's waI3;
Lieutenant Jeffre@ M. Zaun biligentlg serked his Countrl1/2, prepared at an-A @ent to offer the ultimate
sacrifice In befense of the right to freebnm;
: Citutenant Jeffre-A M. Zaun expertlg utilized his training, skill, and abilitg to alstinguish himself as
a Naval Officer ana, eventuallA, as a Prisoner Of War In OPERACIOM DF4ERI SEORM;
: fientenant JeffrpA R. Zaun bravelg enaured ph4sical, emblanal, atid spiritual deprivation anb suffering
while in captivitu at the hands of the enemb;
: As a representative of Naval Air Itatiort Oceana anb as a resibent of the Citg of Pirginia Beach,
fieutenanb Jeffreg K. ?aun has mabe his Cit8 anb c,3=unitia extremelg proud of his courage, dcaicatixin,
fartituae, Integrit1/2i, and skill as a Naval Officer;
: the United $tates of America anb the Citg of Virginia Beach 3we a tremendous debt ut gratitude ta
f,ienbenant Jeffreja N. ?aun and to all who served here an@ abrdad in OPERATIOU DEJERZ $li%EI:D and DFJERX
$cORM;
the citizens of I)irginia Beach wish to demonstrate our gratituat and appreciatian to fieutenartt
Jeffreg K. Zaun.
NO, @OW, 1, MeAera E. Obern@.3rf, Ma@or of the Citg if Uirgirtia Beach, I)irgirtia, bo hertbg ?WfA=:
2 A g 2 8 , 1 9 9 1
A s
I E H 9 E R A N t 3 E F F R E 0 K. Z A B K , it 5 N
R E c 0 6 N I It I 0 N D A g
in Virginia Beach, and call upan all citizens ta join me in hancring this bistinguished Naval Officer anb paging
tribute to him ter his faithful ser,)ice to our Cauntr@.
IX N%G"$ I have hereunto set m!l han@ ana causea the Official $eal of the Cit4 of I)irginia Beach,
I)irginia, to be affixeb this 28th aa4 of 10a@, Nineteen liundreo and NinetB-One.
Megera E. Obernbarf
MaAxir
1 2
Item 111-G.3
ADD-ON ITEM # 34456
Cynthia C. Romero, and Pat Tansey, Students at Eastern Virginla Medical School,
Presidents of the Third and Fourth Year Class respectively, PRESENTED on behalf
of the PAN STUDENT COUNCIL:
RESOLUTION OF APPRECIATION
Virginia Beach City Council
The Eastern Virginla Medical School Is a community-based academic Institution
dedicated to medical and health education, biomedical research and the
improvement of health and health care for the citizens of Eastern Virginia. The
Pan Student Council is the duly authorized governing body for the students at
Eastern Virginia Medicai School. The City provided substantial support for the
creation of the Eastern Virginia Medical School, and has continued to endorse
and support the growth of this institution.
PAN STUDENT COUNCIL
Eastern Virginia Medical School
Of The
Medical College Of Hampton Roads
RESOLUTION OF
APPRECIATION
WHE@AS, the Eastem Virginia Medical School is a community-based academic
institution dedicated to medi-cal and health education, biomedic6l research, and
the improvement of health and health care for the citizens of eastem Virgiiiia; and
WHEREAS, the Pan Student Council is the duly authorized goveming bodyfor the
studetits at Eastem Virgiiiia Medical School; atid
NOW, THEREFORE BE ITRESOLVED, that the members of the t
Cou tefiilly acknowledke duly
eleci acIrC
for t, made
'Med
BE ITFURTHER PESOLPTD, that this resolution, unanimo
adopted by the Pan Student Council on this nineteelith day of A
hutidred and ninetv-one, be spread ut)n the minutes of tlie Pat
and a ihe Virginia each City Couiicit
Leo J. Font,+a Brian D. Baxter
Chairman Vice Chair
M. JE y ia 'RomerO
Secr( Treasure@
PAN STUDENT COUNCIL
Eastern Virginia Medical School
Of The
Medical College Of Hampton Roads
RESOLUTION OF
APPRECIATION
WHE@AS, the Eastern nia Medical School is a community-based academic
institittion dedicated to med a and health education, biomedicil research, and
the improvement of health and health care for the citizens of eastem rirgiiiia; and
WHEREAS, the Pan Student Council is the dulv authorized goveming body for the
students at Eastem rtrgiliia Medical School; alid
1 support @equired for
h conunuea to endbrse
NOW, THEREFORE BE ITRESOLVED, that the members of the t
Cou tefiilly acknowled e dul
iz y-
eleci e Viiginia Beach7C
for t, cont@ibutions made
'Med
BE ITFURTHER RESOL@ED, that this resolution, unanimousiv qpp@oved and
adopted by the Pan Student c:ouncil on this nineteenth day of Ma@ctz, nineteen
hutidred and nin uwn the minutes of tlie Pan Student Council
and a a each City CouticiL
Leo J. -Fonteha Brian D. Baxter
Chairman Vice Chairman,-@
M. JE Gypthia C. Ro
Secrf Treasurer
13 -
Item 111-G.4
ADD-ON ITEM # 34457
Mayor Oberndorf recognized and congratulated the City Clerk, Ruth Hodges Smith,
CMC/AAE, as recipient of the prestigious QUILL AWARD.
The QUILL AWARD is an Honor Rol I designation for Municipal Clerks who have
distingulshed themselves by making a significant contribution to their
community, their state or province and, In particular, to INTERNATIONAL
INSTITUTE OF MUNICIPAL CLERKS and their peers.
Ms. Smith was presented the QUILL AWARD with a luncheon in her honor on May 21,
1991, in Grand Rapids, Michigan.
- 14 -
Item III-H.I.
COUNCIL CO*ATTEE REPORT ITEM # 34458
William A. Schlimgen, Chairman - BOND REFERENDUM CONMTTEE, reported relative
expenditures and obligations incurred by the City through March 31, 1991, on
highway and school projects, commi,nity center projects, and the Lake Gaston
water resource project approved in the referendum.
The Ferrell Parkway, Independence Boulevard and two Lynnhaven Parkway projects
are complete in the 1986 Highway Referendum. Construction on the Northampton
Boulevard, General Booth Boulevard and Indian River Road projects is 77%, 57%
and 70% complete, respectively. Of $40,000,000 authorized, 80.1% or
$32,037,820, has been contracted.
Concerning the 1987 Recreation Center Referendum, the Great Neck facility is
open to the public. The Bow Creek and Bayside projects are 96.5% and 80%
complete, respectively, with Bow Creek work expected to be finalized in May
1991. The Southeast Community Center project is awaiting resolution of wetlands
issues in the April-May 1991 timeframe, with construction expected to begin in
May or June 1991.
Relative the 1986 School Referendum, construction is complete on Ocean Lakes,
Red Mill Farms, Tallwood and Glenwood Elementaries. Sites for Landstown
(formerly Green Run) Elementary and Middle School and Strawbridge (formerly
London Bridge) Elementary School have been acquired. Funds totaling
$28,280,068, or 87.5% of the $32,310,000 authorized has been contracted.
Of the 1989 School Referendum, work is virtually complete on the thirteen
elementary school gymnasium additions and negotiations have begun for
acquisition of the school sites. Work on the Bayside and Kellam High School
modernizations is 99% and 100% complete, respectively. Construction of the
Strawbridge Elementary, Tallwood High, and Landstown Elementary and Middle
School projects is 57%, 8%, and 1% complete, respectively. Of $68,375,000
authorized, $58,042,003, or 84.9%, has been contracted.
Concerning the 1988 Lake Gaston Water Resource Project Referendum, work on
contracts BI for overhead crossings and Cla for the westernmost terminus of the
pipeline has been delayed by court injunction requiring the City to await an
approval from the Federal Energy Regulatory Commission. Of $200,000,000
authorized, $18,895,461, or 9.4%, has been contracted. However, this contracted
amount may require adjustment if contract Bl is formally terminated.
Item 111-1.1.
RESOLUTIONS ITEM # 34459
Steven H. Davidson, 686 Princess Anne Road, Phone: 721-5520/464-3522, an
affected property owner, requested the preferred alignment be approved.
Mayor Oberndorf referenced correspondence dated May 22, 1991, from Roy E.
Hagan, 410 West Saddle River Road, Upper Saddle River, New Jersey, in
opposition to the alignment. Said correspondence is hereby made a part of the
record.
Upon motion by Councilman Lanteigne, seconded by Councilman Sessoms, City
Council SELECTED:
ALTERNATE 3 as preferred alignment of rural road
Improvements along Prlncess Anne Road at Buzzard
Neck Road (CIP 2-021).
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louls R. Jones, Paul J. Lanteigne, Reba S.
McC]anan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent
None
- 16 -
Item 111-1.2.
RESOLUTIONS ITEM # 34460
Upon motion by Counci lwoman McClanan, seconded by Vice Mayor Fentress, City
Council ADOPTED:
Resolutions referring to the Planning Commission proposed Amendments
to the City Zoning Ordinance:
ADDING Section 233.1 re certain eatlng and drinking
establishments serving alcoholic beverages for on-
premises consumption.
AMENDING Sections 203, 901, 1001, 1511 and 1521 re
land use category of certain eating and drinking
establishments serving alcoholic beverages.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McCianan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent
None
1 A RESOLUTION REFERRING TO THE PLANNING
2 COMMISSION A PROPOSED NEW SECTION 233.1 OF THE
3 CITY ZONING ORDINANCE, PERTAINING TO CERTAIN
4 EATING AND DRINKING ESTABLISHMENTS SERVING
5 ALCOHOLIC BEVERAGES FOR ON-PREMISES
6 CONSUMPTION
7 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
8 BEACH, VIRGINIA:
9 That there is hereby referred to the Planning Commission,
10 for its consideration and recommendation, a proposed new Section
11 233.1 of the City Zoning Ordinance, pertaining to certain eating
12 and drinking establishments serving alcoholic beverages for on-
13 premises consumption.
14 A true copy of such proposed amendment is hereto attached.
15 Adopted by the City Council of the City of Virginia Beach,
16 Virginia, on the 28 day of may 1991.
17 CA-91-4252
18 \noncode\45-233-l.res
19 R-1
1 AN ORDINANCE TO AMEND AND REORDAIN ARTICLE 2
2 OF THE CITY ZONING ORDINANCE BY ADDING A NEW
3 SECTION 233.1, PERTAINING TO CERTAIN EATING
4 AND DRINKING ESTABLISHMENTS SERVING ALCOHOLIC
5 BEVERAGES
6 BE IT ORDAINED BY TliE CITY COUNCIL OF THE CITY OF
7 VIRGINIA BEACH, VIRGINIA:
8 That Article 2 of the City Zoning ordinance of the City
9 of Virginia Beach be, and hereby is, amended and reordained by the
10 addition of a new Section 233.1, pertaining to certain eating and
11 drinking establishments serving alcoholic beverages, which shall
12 read as follows:
13 Sec. 233.1. Eating and drinking establishments serving alcoholic
14 beverages.
15 In addition to general requirements, eating and drinking
16 establishments which serve alcoholic beverages, as defined in
17 Section 4-2 of the Code of Virginia, for on-premises consumption
18 and which are located within five hundred (500) feet of any
19 residential or apartment district or have on-site parking within
20 three hundred (300) feet of any residential or apartment district
21 shall be subject to the following requirements, which shall be
22 deemed to be conditions of the conditional use permit:
23 (a) Category VI landscaping shall be installed along any lot
24 line adjoining a residential or apartment district
25 without an intervening street, alley or body of water
26 greater than fifty (50) feet in width. The fencing
27 element of such landscaping shall be not be less than six
28 (6) feet nor more than eight (8) feet in height.
29 Landscaping shall be maintained in good condition at all
30 times;
31 (b) The operation of such establishments shall not disturb
32 the tranquility of residential areas or otherwise
33 interfere with the reasonable use and enjoyment of
34
35 traffi
3 6 (c)
37 other
38 appropriate to minim
39 effects upon
40 Adopted by the CitY Council C)f the City of Virginia Beach
41 on the day of 1991.
42 CA-91-4251
43 \ordin\proposed\45-233-l.pro
44 R-1
2
1 A RESOLUTION REFERRING TO THE PLANNING
2 COMMISSION PROPOSED AMENDMENTS TO SECTIONS
3 203, 901, 1001, 1511 AND 1521 OF THE CITY
4 ZONING ORDINANCE, PERTAINING TO CERTAIN EATING
5 AND DRINKING ESTABLISHMENTS SERVING ALCOHOLIC
6 BEVERAGES
7 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
8 BEACH, VIRGINIA:
9 That there is hereby referred to the Planning Commission,
10 for its consideration and recommendation, proposed amendments to
11 sections 203, 901, 1001, 1511 and 1521 of the City Zoning
12 Ordinance, pertaining to certain eating and drinking establishments
13 serving alcoholic beverages. A true copy of such proposed
14 amendments is hereto attached.
15 Adopted by the City Council of the City of Virginia
16 Beach, Virginia, on the 28 day of May 1991.
17 CA-91-4254
18 \noncode\45-203et.res
19 R-1
1 AN ORDINANCE TO AMEND AND REORDAIN SECTIONS
2 203, 901, 1001, 1511 AND 1521 OF THE CITY
3 ZONING ORDINANCE, PERTAINING TO CERTAIN EATING
4 AND DRINKING ESTABLISHMENTS
5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
6 VIRGINIA BEACH, VIRGINIA:
7 That Sections 203, 901, 1001, 1511 and 1521 of the City
8 Zoning Ordinance of the City of Virginia Beach, pertaining to
9 certain eating and drinking establishments which serve alcoholic
10 beverages, be, and hereby are, amended and reordained, and shall
11 read as follows:
12 Sec. 203. Off-street parking requirements.
13 (a) The following specified uses shall comply with the off-
14 street parking requirements designated therefor:
15 (1) Animal hospitals, business studios, eleemosynary and
16 philanthropic institutions, veterinary establishinents,
17 commercial kennels, aniinal pounds and shelters,
18 wholesaling and distribution operations, financial
19 institutions other than banks, laboratories other than
20 medical, passenger transportation terminals and broad-
21 casting studios: At least one (1) space per four hundred
22 (400) square feet of floor area;
23 (2) Auditoriums, assembly halls and union halls; commercial
24 recreation facilities: At least one (1) space per one
25 hundred (100) square feet of floor area or at least one
26 (1) space per five (5) fixed seats, whichever is greater;
27 (3) Banks, credit unions, savings and loans, and other such
28 financial institutions: At least one (1) space per one
29 hundred twenty-five (125) square feet of floor area;
30 (4) Botanical and zoological gardens: At least one (1) space
31 per ten thousand (10,000) square feet of lot area;
32 (5) Bowling alleys: At least five (5) spaces per alley;
3 3 (6) Child care centers and child care education centers: At
34 least one (1) space per three hundred (300) square feet
35 of floor area;
36 (7) Churches: At least one (1) space per five (5) seats or
37 bench seating space in the main auditorium;
38 (8) College or university: At least one (1) space per five
39 (5) seats in the main auditorium or five (5) spaces per
40 classroom, whichever is greater;
41 (9) Convalescent or nursing home; At least one (1) space per
42 four (4) patient beds;
43 (10) Country inns: At least one (1) space per room provided
44 for lodging transients;
45 (11) Drive-in eating and drinking establishments: At least
46 one (1) space per fifty (50) square feet of floor area;
47 (12) Dwellings, single family, semidetached, duplex and
48 attached: At least two (2) spaces per dwelling unit;
49 (13) Dwellings multi-family: At least two (2) spaces per
50 dwelling unit for the first fifty (50) units located on
51 a zoning lot and at least one and three quarters (1 3/4)
52 spaces per dwelling unit for all units in excess of fifty
53 (50) units.
54 (14) Eating and drinking establishinents: At least one (1)
55 space for each seventy five (75) square feet of floor
56 area;
57 (15) Eating and drinking establishments accessory to a hotel:
58 At least one (1) space for each three hundred (300)
59 square feet of floor area in dining area;
60 (16) Fraternity or sorority house, student dormitory: At
61 least one (1) space per two (2) lodqing units or one (1)
62 space per three (3) occupants, whichever is greater;
63 (17) Furniture or appliance stores, machinery equipment,
64 automotive and boat sales and service: At least one (1)
65 space per nine hundred (900) square feet of floor area;
2
66 (18) Golf courses: At least five (5) spaces per hole in the
67 main course;
68 (19) Greenhouses and plant nurseries: At least one (1) space
69 per one thousand (1,000) square feet of selling area;
70 (20) Homes for the aged, disable or handicapped: At least one
71 (1) space per unit;
72 (21) Hospitals: At least two and one-half (2.5) spaces per
73 patient bed;
74 (22) Lodging units; At least one (1) space per lodging unit;
75 (23) Marinas: At least one (1) space per boat slip;
76 (24) Medical, optical, and dental offices and clinics, and
77 medical laboratories: At least one (1) space per two
78 hundred fifty (250) square feet of floor area;
79 (25) Meeting rooms and convention hall facilities accessory
80 to a hotel: At least one (1) space per twenty (20)
81 seating capacity;
82 (26) Museums and art galleries: Not less than ten (10) spaces
83 and one (1) additional space for each three hundred (300)
84 square feet of floor area or fraction thereof in excess
85 of one thousand (1,000) square feet;
86 (2@) ZI!GjhtG!ubr., bar-r., taver-ns, and dapr-p At lpagt mnn
87 SPRGE ppr- nnp b;,ndred (100) squAr-P fppt ne floor- area;
88 (29) (27) Nurses homes and similar housing for institutional
89 employees: At least one (1) space per four (4)
90 occupants;
91 (29) (28) Offices: At least one (1) space per two hundred seventy
92 (270) square feet of floor area;
93 (30) (29) Personal service establishrnents: At least one (1) space
94 per two hundred (200) square feet of floor area;
95 (3!) (30) Printing and publishing establishments: At least one (1)
96 space per one thousand (1,000) square feet of floor area;
97 (92) (31) Private clubs and lodges, social centers, athletic clubs
98 and commercial recreation facilities other than bowling
99 alleys: At least one (1) space per one hundred (100)
100 square feet of floor area;
3
101 (3 3) (32) Public buildings and funeral homes: At least one (1)
102 space per five hundred (500) square feet of floor area;
103 (34) (33) Retail establishments, repair establishments, plumbing
104 and heating establishments and service establishments
105 other than personal service establishments: At least one
106 (1) space per two hundred (200) square feet of floor
107 area;
108 (35) (34) Restaurants other than drive-in eating and drinking
109 establishments: At least one (1) space per seventy-five
110 (75) square feet of floor area;
ill (36) (35) Sanitariums: At least one (1) space per four (4) patient
112 beds;
113 (37-) (36) Service or repair establishments, motion picture studios,
114 utility installations, manufacturing, industrial, processing,
115 packaging, fabricating, research or testing labs, warehouses
116 establishtnents, printing, publishing, and plumbing and heating
117 establishments; At least one (1) space per employee on
118 maximum working shift;
119 (38) (37) (i) Shopping centers containing more than eight (8)
120 individual uses or businesses and located on a
121 zoning lot five (5) to ten (10) acres in size shall
122 have a total of:
123 (a) one (1) space per two hundred (200) square feet
124 of floor area of all uses except restaurants
125 and theaters;
12 6 (b) one (1) space per two hundred (200) square feet
127 of floor area of restaurants and theaters
128 occupying, in the aggregate, five (5) per cent
129 or less of the total floor area of the shopping
130 center;
131 (c) one (1) space per seventy-five (75) square feet
13 2 of floor area of restaurants in excess thereof;
133 and
13 4 (d) one (1) space per one hundred (100) square feet
135 of floor area of theaters in excess thereof.
4
13 6 (ii) Shopping centers containing more than eight (8)
13 7 individual uses or businesses and located on a
13 8 zoning lot ten (10) to thirty (30) acres in size
139 shall have a total of:
140 (a) one (1) space per two hundred (200) square feet
141 of floor area of all uses except restaurants
142 and theaters;
143 (b) one (1) space per two hundred (200) square feet
144 of floor area of restaurants and theaters
145 occupying, in an aggregate, ten (10) per cent
146 or less of the total floor area of the shopping
147 center;
148 (c) one (1) space per seventy-five (75) square feet
149 of floor area of restaurants in excess thereof;
150 and
151 (d) one (1) space per one hundred (100) square feet
152 of floor area of theaters in excess thereof.
153 (iii) Shopping centers containing nore than eight
154 (8) individual uses or businesses and located on a
155 zoning lot greater than thirty (30) acres in size
156 shall have a total of:
157 (a) one (1) space per two hundred (200) square feet
158 of floor area of all uses except restaurants
159 and theaters;
160 (b) one (1) space per two hundred (200) square feet
161 of floor area of restaurants and theaters
162 occupying, in the aggregate, fifteen (15) per
163 cent or less of the total floor area of the
164 shopping center;
165 (c) one (1) space per seventy-five (75) square feet
166 of floor area of restaurants in excess thereof;
167 and
168 (d) one (1) space per one hundred (100) square feet
169 of floor area of theaters in excess thereof.
5
17 0 (iv) Notwithstanding the foregoing provisions, in the
171 event the total parking requirement of the
172 individual uses within a shopping center is less
173 than that required pursuant to (i) or (ii)
174 hereinabove, the lesser requirement shall apply;
175 (39) (38) Vocational, technical, industrial and trade schools: At
176 least six (6) spaces per classroom;
177 (49) (39) Uses permitted under conditional use permits shall comply
178 with the specific off-street parking requirements
179 attached to the conditional use permit.
180 (b) General standards. Any off-street parking space,
181 including spaces provide above the minimum required, shall have
182 minimum dimensions of nine (9) by eighteen (18) feet; provided that
183 minimum dimensions for parallel parking spaces shall be nine (9)
184 by twenty-two (22) feet; provided that within a parking lot or an
185 enclosed parking garage or structure twenty-five (25) per cent of
186 the spaces provided may be designated for compact cars provided
187 that the minimum dimensions shall be eight (8) by seventeen (17)
188 feet for regular spaces or eight (8) by twenty (20) for parallel
189 spaces and that all such compact car spaces be clearly marked with
190 the wording "Compact Cars Only"; provided further that where the
191 width of a parking space abuts a street frontage landscaping strip
192 and/or interior landscaping areas, the length of the parking spaces
193 may be reduced by one and one-half (1.5) feet. Each space shall
194 be unobstructed, shall have access to a street and shall be so
195 arranged that any automobile may be inoved without moving another,
196 except in the case of parking for one- and two- family dwellings
197 and in the case of parking for employees on the premises. All
198 spaces shall be provided and maintained with an allweather surface.
199 Where parking areas are illuminated, all sources of illumination
200 shall be so shielded as to prevent any direct reflection toward
201 adjacent premises in residential, apartment, or hotel districts.
202 In addition:
203 (1) Parking areas for three (3) or more automobiles shall
204 have individual spaces marked except in the case of
6
2 05 parking for one and two family detached dwellings, and
2 06 spaces shall be so arranged that no maneuvering directly
207 incidental to entering or leaving a parking space shall
208 be on any public street, alley, or walkway.
209 (2) Mininum aisle width required for parking areas shall be
210 according to the following table:
211 Parking Angle Aisle Width
212 (in degrees) (in feet)
2 13
214 0-44 12
215 45-59 13.5
216 60-69 18.5
217 70-79 19.5
218 80-89 21
219 90 22
220 (c) Parking for accessory uses. Unless otherwise specified
221 in the district regulations, accessory uses shall conform to the
2 2 2 parking requirements applicable to such uses, which requirements
223 shall be in addition to any parking required of the principal use.
2 24 (d) Commercial vehicular parking. Parking of a commercial
2 2 5 vehicle in residential or apartment districts shall be prohibited,
226 except that one (1) commercial vehicle of one (1) ton or less may
227 be parked on any lot where there is located a main building by a
22 8 resident of the premises. This restriction shall not apply to
229 commercial vehicles during the normal conduct of business or in the
2 3 0 deliver or provision of service to a residential area. The parking
2 3 1 of semi-trailers for commercial or industrial storage is prohibited
232 except on bona fide construction sites.
2 3 3 (e) Requirements for access by disabled persons. The
2 34 following requirements shall be applicable for all public and
235 nonresidential buildings:
236 (1) Off-street parking requirements for handicapped persons
237 shall be in accordance with the following table:
238 Reguired Number of
239 Accessible Spaces
240 Total Parking in Lot
241 5 to 50 1
24 2 51 to 100 2
243 101 to 200 3
244 over 201 3 plus 1% of spaces
245 in excess of 200
7
24 6 (2) Parking spaces for disabled persons shall have a minimum
247 diinension of eight (8) by eighteen (18) feet, and have
248 an adjacent access aisle with a minimum dimension of five
249 (5) feet wide. Such parking access aisles shall be part
250 of the accessible route to the building or facility
251 entrance. Two such accessible parking spaces may share
252 a common access aisle. Accessible parking spaces shall
2 53 be designated as reserved for the disabled by a sign
254 showing the symbol of accessibility. Such signs shall
255 have the lower edge of the sign no lower than four (4)
256 feet above grade.
257 (f) Residential parking requirements. Any area within a
258 garage or within an enclosed or covered space may be counted toward
259 neeting off-street parking requirements except where specifically
260 prohibited in the applicable district regulations.
261 Sec. 901. Use Regulations.
262 (a) Principal and conditional uses.
263 The following chart lists those uses permitted within the B-
2 64 1 through B-4 Business Districts. Those uses and structures in the
265 respective business districts shall be permitted as either
266 principal uses indicted by a "Pll or as conditional uses indicated
2 67 by a licti. Uses and structures indicated by an "XII shall be
2 68 prohibited in the respective districts. No uses or structures
269 other than as specified shall be permitted.
270 Use B-1 B-lA B-2 B-3 B-4
271 Animal hospitals, pounds, shelters,
272 commercial kennels, provided that all
273 animals shall be kept in soundproofed
274 air conditioned buildings p p p p p
275 Attached dwellings x x x x p
276 Auditoriums, assembly halls and union halls X c p p p
277 Automobile repair garages and small engine
278 repair establishments, provided that all
279 repair work shall be performed within a
280 building x x c x c
281 Automobile repair establishments dealing
282 exclusively in minor repairs of the type
283 provided at automobile service stations x x c c c
8
284 Use B-1 B-lA B-2 B-3 B-4
285 Automobile service stations; provided that,
286 where there is an adjoining residential or
287 apartment district without an intervening
288 street, alley or permanent open space over
289 twenty-five (25) feet in width and where
290 lots separated by a district boundary have
291 adjacent front yards, Category VI screening
292 shall separate the automobile service
293 station use from the adjacent residential
294 district and no ground sign shall be
295 within fifty (50) feet of the residential
296 or apartment district x x c c c
297 Bakeries, confectioneries and delicatessens,
298 provided that products prepared or processed
299 on the preinises shall be sold only at retail
300 and only on the premises p p p p p
301 Bicycle and moped rental establishments x x x x c
302 Bingo Halls x x c x c
303 Boat sales x x p x p
304 Borrow pits x x c x x
305 Bulk storage yards and building contractors'
306 yards; provided that no sale or processing
307 of scrap, salvage, or secondhand material
308 shall be permitted in such yards; and,
309 provided further that such storage yards
310 shall be completely enclosed except for
311 necessary opening for ingress and egress
312 by a fence or wall not less than six (6)
313 feet in height x x c x x
314 Business and vocational schools which do
315 not involve the operation of woodwork
316 shops, machine shops or other similar
317 facilities x p p p p
318 Business studios, offices, and clinics p p p p p
319 Car wash facilities, provided that:
320 (i) no water produced by activities on
321 the zoning lot shall be permitted to
322 fall upon or drain across public streets
323 or sidewalks or adjacent properties;
324 (ii) a minimum of three (3) off-street
325 parking spaces for automobiles shall
326 be provided for each car wash space
327 within the facility. x x c c c
328 Child care and child care education centers C c p p p
329 Churches x c c c c
330 Commercial parking lots, parking garages
331 and storage garages x x p p p
332 Commercial recreation facilities other
333 than those of an outdoor nature x x c c p
334 Dormitories for marine pilots x x x x c
335 Drugstores, beauty shops and barbershops p p p p p
9
3 3 6 Use B-1 B-lA B-2 B-3 B-4
337 Eating and drinking establishments with
338 drive-through windows, except as specified
339 below x x p p p
340 Eating and drinking establishments without
341 drive-through windows, except as specified
342 below p p p p p
343 Eating and drinking establishinents
344 which serve alcoholic beverages for
345 on-preinises consumption and which are
346 located within 500 feet of a residential
347 or aipartment district or have on-site
348 parking within 300 feet of a residential
349 or apartment district x x c c c
350 Financial institutions p p p p p
351 Florists, gift shops and stationery stores p p p p p
352 Funeral homes x p p p p
353 Furniture repair and upholstering, repair
354 services for radio and television and
355 household appliances other than those
356 with gasoline engines; service and repair
357 services for business machines; carpet
358 and linoleum laying; tile setting, sign
359 shops and other small service businesses x p p p p
360 Greenhouses and plant nurseries x p p x p
361 Grocery stores, carry-out food stores and
362 convenience stores all being both free-
363 standing and in a structure with a gross
364 floor area of less than five thousand
365 (5,000) square feet c c p p p
366 Grocery stores, carry-out food stores and
367 convenience stores whether or not free-
368 standing, but in a structure with a gross
369 floor area of not less than five thousand
370 (5,000) square feet x x p p p
371 Grocery stores, carry-out food stores and
372 convenience stores any of which are not
373 freestanding but are in a structure with
374 a gross floor area of less than five
375 thousand (5,000) square feet p p p p p
376 Heliports and helistops x x c c c
377 Home occupations x x x x c
10
378 Use B-1 B-lA B-2 B-3 B-4
379 Homes for the aged, disabled or handicapped,
380 including convalescent or nursing homes;
381 maternity homes; child care centers, other
382 than those covered under permitted principal
383 uses and structures hereinabove, when not
384 operated by a public agency, provided that
385 the maximum density for homes for the aged
386 shall be sixty (60) dwelling units per acre
387 and the maximum height shall not exceed one
388 hundred and sixty five (165) feet, provided
389 however, that the allowed excess height
390 shall not exceed twice the distance to the
391 nearest lot line from the structure with
392 the excess height, notwithstanding the
393 above, no structure shall exceed the height
394 limit established by Sec. 202(b) regarding
395 air navigation. x x x x c
396 Hospitals and sanitariums x x c c c
397 Hotel and motels x x x p p
398 Hotel and motels with increased lodging
399 unit density and height, provided that the
400 maximum density shall be one hundred and
401 twenty (120) lodging units per acre, the
402 minimum lot area shall be one (1) acre and
403 the maximum height shall be one hundred
404 (100) feet, notwithstanding the above, no
405 structure shall exceed the height limit
406 established by Sec. 202(b) regarding air
407 navigation. x x x x c
408 Laboratories and establishments for the
409 production and repair of eye glasses,
410 hearing aids and prosthetic devices x x p p p
411 Laundry and dry cleaning agencies p p p p p
412 Liquor stores, package only p p p p p
413 Marinas, commercial x x p p c
414 Medical and dental offices p p p p p
415 Medical laboratories x x p p p
416 Mini-warehouses x c c c c
417 Mobile home sales x x c x x
418 Motor vehicle sales and rental, provided
419 the minimum lot size is twenty thousand
420 (20,000) square feet x x c c c
421 Multiple-family dwellings x x x x p
422 Museums and art galleries c p p p p
423 Newspaper printing and publishing, job
424 and commercial printing x p p p p
425 NightG!ubs, bars, taverns, dange halls -x x -P p -P
11
42 6 Use B-1 B-lA B-2 B-3 B-4
427 Off-site parking facilities in connection
428 with hotels and motels located within the
429 RT-1 Resort Tourist District may be
430 permitted on zoning lots within the B-4
431 Resort Commercial District where the
432 required off-street parking cannot be
433 provided on the lot with the principal
434 building or use provided:
435 (a) Structures for parking facilities
436 shall conform to the regulations of the
437 district in which located.
438 (b) A written agreement assuring
439 continued availability of the number
440 of spaces indicated shall be drawn and
441 executed, and a certified copy of such
442 agreement shall be recorded with the
443 Clerk of the Court. Sucb agreement
444 shall stipulate that, if such space
445 is not maintained or space acceptable
446 to the planning director substituted,
447 the use or such portion of the use as
448 is deficient in number of parking spaces
449 shall be discontinued. The agreement
450 shall be subject to the approval of the
451 city attorney. x x x x p
452 Passenger transportation terminals x x c c c
453 Personal service establishments, other than
454 those listed separately x p p p p
455 Private clubs, lodges, social centers,
456 eleemosynary establishments and athletic
457 clubs p p p p p
458 Public buildings and grounds p p p p p
459 Public utilities installations and
460 substations provided storage or
461 maintenance facilities shall not be
462 permitted; and provided, further, that
463 utilities substations, other than
464 individual transformers, shall be
465 surrounded by Category VI screening,
466 solid except for entrances and exits;
467 and provided also, transformer vaults
468 for underground utilities and the like
469 shall require only Category I screening,
470 solid except for access opening. p p p p p
471 Public utilities offices x x p p p
472 Public utility storage or maintenance
473 installations x x c c c
474 Radio and television broadcasting stations
475 and line-of-sight relay devices x c c c c
12
47 6 Use B-1 B-lA B-2 B-3 B-4
477 Recreational and amusement facilities of
478 an outdoor nature, which may be partially
479 or temporarily enclosed on a seasonal
480 basis with approval of city council,
481 provided that, in the development of
482 such properties, safeguards are provided
483 to preserve and protect the existing
484 character of adjacent properties, except
485 that riding academies and recreational
486 campgrounds shall not be allowed as a
487 conditional use or otherwise. x c c c c
488 Repair and sales for radio and television
489 and other household appliances, except
490 where such establishnents exceed two
491 thousand five hundred (2,500) square
492 feet of floor area p p p p p
493 Retail establishments, other than those
494 listed separately, including the incidental
495 manufacturing of goods for sale only at
496 retail on the premises; retail sales and
497 display rooms and lots, provided that yards
498 for storage of new or used building
499 materials or yards for any scrap or
500 salvage operations or for storage or
501 display of any scrap, salvage or secondhand
502 building materials or automobile parts shall
503 not be allowed x p p p p
504 Veterinary establishments and commercial
505 kennels, provided that all animals shall be
506 kept in soundproofed, air-conditioned
507 buildings p p p p p
508 Wholesaling and distribution operations,
509 provided that such operations do not
510 involve the use of: (i) more than two
511 thousand (2,000) square feet of floor
512 area for storage of wares to be sold at
513 wholesale or to be distributed, or
514 (ii) any vehicle rated at more than
515 one and one-half (1/2) ton capacity or
516 (iii) a total of more than five (5)
517 delivery vehicles. x x p c x
518 (b) Accessory uses and structures: Uses and structures which are
519 customarily accessory and clearly incidental and subordinate to the
520 principal uses and structures, including, but not limited to:
52 1 (1) An accessory activity operated for profit in a residential
52 2 dwelling unit where there is no changed in the outside
52 3 appearance of the building or premises or any visible or
524 audible evidence detectable from outside the buildinq lot,
525 either permanently or intermittently, of the conduct of such
52 6 business except for one (1) nonilluminated identification sign
527 not more than one (1) square foot in area mounted flat against
528 the residence; where no traffic is generated, including
529 traffic by commercial delivery vehicles, by such activity in
53 0 greater volumes than would normally be expected in the
531 neighborhood, and any need for parking generated by the
532 conduct of such activity is met off the street and other than
533 in a required front yard; where the activity is conducted on
534 the premises which is the bona fide residence of the principal
535 practitioner, and no person other than members of the
536 immediate family occupying such dwelling unit is employed in
537 the activity; where such activity is conducted only in the
13
538 principle structure on the lot; where there are no sales to
539 the general public of products or merchandise from the home;
540 and where the activity is specifically designed or conducted
541 to permit no more than one (1) patron, customer, or pupil to
54 2 be present on the premises at any one time. The following are
54 3 specifically prohibited as accessory activities: Convalescent
544 or nursing homes, tourist homes, massage parlors, radio or
545 television repair shops, auto repair shops, or similar
546 establishments.
547 sec. 1001. Use regulations.
548 (a) Principal and conditional uses.
549 The following chart lists those uses permitted within the I-1 and
550 I-2 Industrial Districts. Those uses and structures in the respective
551 industrial districts shall be permitted as either principal uses
552 indicted by a "Pll or as conditional uses indicated by a "C". Uses and
553 structures indicated by an "XII shall be prohibited in the respective
554 districts. No uses or structures other than as specified shall be
555 permitted.
556 Use I-1 I-2
557 Airports, heliports and helistops; p p
558 Automobile service stations, provided that where there
559 is an adjoining residential or apartment district
560 without an intervening street, alley or perinanent
561 open space over twenty-five (25) feet in width and where
562 lots separated by the district boundary have adjacent
563 front yards, a six (6) foot solid fence with Category VI
564 screening shall separate the automobile service station
565 use from the adjacent residential district and no ground
566 sign shall be within fifty (50) feet of the residential or
567 apartment district; c c
568 Automotive rental, parts and supply stores; provided that
569 no outside storage is included (excluding operative
570 equipment); p p
571 Automotive repair garages; c p
572 Automobile service establishments dealing exclusively in
573 service and minor repairs of the type provided at
574 automobile service stations; p p
575 Bingo Halls; c c
576 Borrow pits; c c
577 Bulk storage yards and building contractor's yards;
578 provided that no sale or processing of scrap, salvage,
579 or secondhand material shall be permitted in such yards;
580 and, provided further that additional requirements as
581 listed in Section 228 are met. c p
582 Business, medical, financial, nonprofit, professional
583 and similar office buildings; p p
584 Car wash facilities, provided that: (i) No water
585 produced by activities on the zoning lot shall be
586 permitted to fall upon or drain across public streets or
587 sidewalks or adjacent properties; (ii) A minimum of
588 three (3) off-street parking spaces for automobiles shall
589 be provided for each car wash space within tlie facility. c x
590 Collection depots for recyclable materials; c x
14
59 1 Use I-1 I-2
592 Eating and drinking establishments, except
593 as specified below p p
594 Eating and drinking establishments which serve
595 alcoholic beverages for on-premises consumption and
596 which are located within 500 feet of a residential
597 or apartment district or have on-site parking
598 within 300 feet of a residential or apartment district c c
599 Establishments such as linen suppliers, freight movers,
600 coinmunication services and canteen services; p p
601 Establishments which deliver merchandise in bulk by
602 truck or van; p p
603 Explosives manufacturing, storage and distribution; x c
604 Facilities for construction, maintenance and repair
605 of vessels; x p
606 Heavy equipment sales and service; p p
607 Hotels and motels; provided the following conditions
608 are met: (i) Frontage shall be on a inajor or secondary
609 street or highway; (ii) The minimum lot size shall be
610 forty thousand (40,000) square feet and a minimum lot
611 width of one hundred fifty (150) feet: (iii) Density
612 regulations of the H-1 Hotel District shall apply;
613 (iv) Accessory uses shall be limited to eating and
614 drinking establishments, gift shops and travel agencies;
615 (v) Parking requirements of at least one (1) space per one
616 (1) lodging unit shall be provided in addition to the
617 requirements for an accessory use; (vi) Front yards shall
618 have a minimum depth of thirty (30) feet and, except for
619 necessary driveways, shall be maintained in landscaping
620 and shall not be used for parking; (vii) Signs shall conform
621 to the sign requirements applicable within H-1 Hotel
622 District regulations. c x
623 Manufacturing, processing, extracting, packaging or
624 fabricating establishments; provided that the following
625 uses shall not be allowed: (i) Explosive manufacturing,
626 storage and distribution; (ii) Petroleum processing;
627 (iii) Processing or outside storage of salvage, scrap or
628 junk; p p
629 Military installations; x p
630 Mobile home sales; c x
631 Motion picture studios; p p
632 Petroleum processing; x c
633 Piers wharves and docks; x p
634 Printing, lithographic or publishing establishments; p p
635 Public buildings and grounds; p p
636 Public schools, colleges and universities, and private
637 schools, colleges and universities having similar academic
638 curriculums; c x
15
639 Use I-1 I-2
640 Public utilities installations and substations including
641 offices; provided storage or maintenance facilities shall
642 not be permitted; and provided, further, that utilities
643 substations, other than individual transformers, shall
644 be surrounded by Category VI screening, solid except
645 for entrances and exits and provided also, transformer
646 vaults for underground utilities and the like shall require
647 only Category I screening, solid except for access
648 opening; p p
649 Public utility transformer stations and major transmission
650 lines and towers (fifty thousand (50,000) volts or more); c c
651 Radio or television transinission and relay stations; c c
652 Recreational facilities of an outdoor nature, which may
653 be partially or temporarily enclosed on a seasonal basis
654 with approval of city council, except that riding academies
655 and recreational campgrounds shall not be allowed as a
656 conditional use or otherwise; c x
657 Recreational facilities other than those of an outdoor
658 nature p p
659 Repair establishments; provided that no outside storage is
660 included (excluding mobile operative equipment); p p
661 Ship supply establishments and facilities; x p
662 Storage or processing of salvage, scrap or junk; x c
663 Terminals for freight or passengers arriving or departing
664 by ship; x p
665 Vocational, technical, industrial and trade schools. p p
666 Wholesale and retail establishments dealing primarily in
667 bulk materials delivered by ship, or by ship and railroad
668 or ship and truck in combination. x p
669 Wholesaling, warehousing, storage or distribution
670 establishments; p p
671 (b) Accessory uses and structures: Uses and structures which are
672 customarily accessory and clearly incidental and subordinate to
673 principal uses and structures, including, but not limited to, retail
674 establishments, dwelling or lodging units for occupancy by owners,
675 guards or caretakers; provided that such dwelling or lodging units shall
67 6 be located above or behind principal uses in such a way that they do not
677 interrupt comnercial or industrial frontage.
678 Sec. 1511. Use regulations.
679 (a) Principal Uses and structures:
680 For parcels less than fourteen thousand (14,000) square feet in size,
681 any one of the following is allowed:
682 (1) Auditoriums and assembly halls;
683 (2) Boat sales;
684 (3) Business studios, offices, clinics and medical laboratories;
685 (4) Bicycle rental establishments;
1.6
686 (5) Child care and child care education centers;
687 (6) Commercial parking lots, parking garages and storage garages;
688 (7) Commercial recreation facilities other than those of an
689 outdoor nature;
690 (8) Eating and drinking establishments, except as specified in
691 subsection (c)(6);
692 (9) Financial institutions;
693 (10) Funeral homes;
694 (11) Museums and art galleries;
695 (:12) tlightG!Ubg, bars, taVer-nS,
696 (13) (12) Off-site parking facilities, provided the provisions of
697 section 1505 are met;
698 (14) (13) Personal service establishments, including barber and beauty
699 shops, shoe repair shops, cleaning, dyeing, laundry, pressing,
700 dressmaking, tailoring and garment repair shops with
701 processing on the premises;
702 (15) (14) Private clubs, lodges, social centers, eleemosynary
703 establishments and athletic clubs;
704 (16) (15) Public buildings and grounds;
705 (16) Public utilities installations and substations including
706 offices; provided storage or maintenance facilities shall not
707 be permitted; and provided, further, that utilities
708 substations, other than individual transformers, shall be
709 surrounded by a wall, solid except for entrances and exits,
710 or by a fence with a screening hedge five (5) to six (6) feet
711 in height; and provided also, transformer vaults for
7 12 underground utilities and the like shall require only a
713 landscaped screening hedge, solid except for access opening;
714 (19) (17) Retail establishments, including the incidental manufacturing
715 of goods for sale only at retail on the premises; retail sales
716 and display rooms and lots, provided that yards for storage
717 of new or used building Tnaterials or yards for any scrap or
718 salvage operations or for storage or display of any scrap,
719 salvage or secondhand buildi.ng materials or automobile parts
720 shall not be allowed;
721 For parcels greater than fourteen thousand (14,000) square feet, any one
722 of the following additional uses is allowed:
723 (19) Multi-family dwellings;
724 (20) Motels and hotels which inay have in conjunction with them any
725 combination of restaurants, retail commercial use and
726 convention facilities, provided that uses in conjunction with
727 hotels and motels may not occupy more than 10% of the floor
728 area of all structures (excluding parking) located on the lot.
729 For parcels greater than forty thousand (40,000) square feet, any of the
730 above permitted uses may be used in combination on the same zoning lot
731 with other permitted uses.
73 2 (b) Accessory uses and structures: Uses and structures which are
7 33 customarily accessory and clearly incidental and subordinate to the
734 principal uses and structures:
7 3 5 (1) An accessory activity operated for profit in a residential
73 6 dwelling unit where there is no changed in the outside
737 appearance of the building or premises or any visible or
17
7 38 audible evidence detectable from outside the building lot,
739 either permanently or intermittently, of the conduct of such
740 business except for one (1) non-illuminated identification
741 sign not more than one (1) square foot in area mounted flat
742 against the residence; where no traffic is generated,
74 3 including traffic by commercial delivery vehicles, by such
744 activity in greater volumes than would normally be expected
74 5 in the neighborhood, and any need for parking generated by the
746 conduct of such activity is -met off the street and other than
747 in a required front yard; where the activity is conducted on
748 the premises which is the bona fide residence of the principal
749 practitioner, and no person other than members of the
750 immediate family occupying such dwelling unit is employed in
751 the activity; where such activity is conducted only in the
752 principle structure on the lot; where there are no sales to
753 the general public of products or merchandise from the home;
754 and where the activity is specifically designed or conducted
755 to permit no more than one (1) patron, customer, or pupil to
756 be present on the preini-ses at any one time. The following are
757 specifically prohibited as accessory activities: Convalescent
758 or nursing homes, tourist homes, massage parlors, radio or
759 television repair shops, auto repair shops, or similar
760 establishments.
761 (c) Conditional uses and structures: Uses and structures
762 hereinafter specified, subject to compliance with the provisions of part
763 C of article 2 hereof:
764 Automobile and small engine repair establishments, provided
765 that all repair work shall be performed within a building;
766 (2) Automobile service stations; provided that, where there is an
767 adjoining residential or apartment district without an
768 intervening street, alley or permanent open space over twenty-
7 69 five (25) feet in width and where lots separated by a district
77 0 boundary have adjacent front yards, a six (6) foot solid fence
771 shall separate the automobile service station use from the
772 adjacent residential district and no ground sign shall be
773 within fifty (50) feet of the residential or apartment
774 district;
775 (3) Car wash facilities, provided that:
776 (i) no water produced by activities on the zoning lot shall
777 be permitted to fall upon or drain across public streets
778 or sidewalks or adjacent properties;
779 (ii) a minimum of three (3) off-street parking spaces for
780 automobiles shall be provided for each car wash space
781 within the facility.
782 (4) Churches;
783 (5) Dormitories for marine pilots;
784 (6) Eating and drinking establishments which serve alcoholic
785 beverages for on-premises consumption and which are located
786 within 500 feet of a residential or apartment district or have
787 on-site parking within 300 feet of a residential or apartment
788 district;
789 (7) Heliports and helistops;
790 (8) Homes for the aged, disabled or handicapped, including
791 convalescent or nursing homes; maternity homes; child care
792 centers, other than those covered under permitted principal
793 uses and structures hereinabove, when not operated by a public
794 agency;
795 +B+ (9) Home occupations;
18
796 (10) Hospitals and sanitariums;
797 (11) Marinas, including facilities for storage and repair of boats
798 and sale of boating supplies and fuel;
799 (ii) (12) Mini-warehouses, provided that the yard shall be completely
Boo enclosed except for necessary openings for ingress and egress
801 by a fence or wall not less than six (6) feet in height;
802 (13) Motor vehicle sales and rental, provided the minimum lot size
803 is twenty thousand (20,000) square feet;
804 (14) Passenger transportation terminals;
805
806 (14) (15) Public utility storage or maintenance installations;
807 (15) (16) Radio and television broadcasting stations and line-of-sight
808 relay devices;
809 (16) (17) Recreational and amusement facilities of an outdoor nature,
810 which may be partially or temporarily enclosed on a seasonal
811 basis with approval of city council, provided that, in the
8 12 development of such properties, safeguards are provided to
813 preserve and protect the existing character of adjacent
814 properties, except that riding academies and recreational
815 campgrounds shall not be allowed as a conditional use or
816 otherwise.
817 See. 1521. use regulations.
818 (a) Principal Uses and structures:
819 For parcels less than 20,000 square feet in size, any one of the
820 following is allowed:
821 (1) Auditoriums and assembly halls;
822 (2) Boat sales;
82 3 (3) Business studios, offices, clinics and medical laboratories;
824 (4) Bicycle rental establishments;
825 (5) Child care and child care education centers;
826 (6) Commercial parking lots, parking garages and storage garages;
827 (7) Commercial recreation facilities other than those of an
828 outdoor nature;
829 (8) Eating and drinking establishments, except as specified in
830 subsection (c)(6);
831 (9) Financial institutions;
832 (10) Funeral homes;
833 (11) Museums and art galleries;
834 (12) NightG!ubs, bars, taverns, dange halls;
835 (13) (12) off-site parking facilities, provided the provisions of
836 section 1505 are met;
19
837 (14) (13) Personal service establishments, including barber and beauty
8 38 shops, shoe repair shops, cleaning, dyeing, laundry, pressing,
8 39 dressmaking, tailoring and garment repair shops with
840 processing on the premises;
841 (1=9) (14) Private clubs, lodges, social centers, eleemosynary
842 establishments and athletic clubs;
843 (16) (15) Public buildings and grounds;
844 (!:7) (16) Public utilities installations and substations including
845 offices; provided storage or maintenance facilities shall not
846 be permitted; and provided, further, that utilities
847 substations, other than individual transformers, shall be
848 surrounded by a wall, solid except for entrances and exits,
849 or by a fence with a screening hedge five (5) to six (6) feet
850 in height; and provided also, transformer vaults for
851 underground utilities and the like shall require only a
852 landscaped screening hedge, solid except for access opening;
853 (18) (17) Retail establishments, including the incidental manufacturing
854 of goods for sale only at retail on the premises; retail sales
855 and display rooms and lots, provided that yards for storage
856 of new or used building materials or yards for any scrap or
857 salvage operations or for storage or display of any scrap,
858 salvage or secondhand building materials or automobile parts
859 shall not be allowed;
860 For parcels greater than twenty thousand (20,000) square feet,
861 any of the following additional uses are allowed and may be
862 used in combination with any of the permitted uses listed
863 above:
864 (19) (18) Multi-family dwellings when developed in conjunction on the
865 same parcel with other allowed uses where the floor area of
866 the multi-family dwellings do not exceed seventy (70) per cent
867 of the total floor area of the entire project;
868 (20) (19) Motels and Hotels which may have in conjunction with them any
869 combination of restaurants, retail commercial use and
870 convention facilities, provided that uses in conjunction with
871 hotels and motels may not occupy more than ten (10) per cent
87 2 of the floor area of all structures (excluding parking)
873 located on the lot.
874 (b) Accessory uses and structures: Uses and structures which are
875 customarily accessory and clearly incidental and subordinate to the
876 principal uses and structures:
877 (1) An accessory activity operated for profit in a residential
878 dwelling unit where there is no changed in the outside
879 appearance of the building or premises or any visible or
880 audible evidence detectable from outside the building lot,
881 either permanently or intermittently, of the conduct of such
882 business except for one (1) non-illuininated identification
883 sign not more than one (1) square foot in area mounted flat
884 against the residence; where no traffic is generated,
885 including traffic by commercial delivery vehicles, by such
886 activity in greater volumes than would normally be expected
887 in the neighborhood, and any need for parking generated by the
888 conduct of such activity is met off the street and other than
889 in a required front yard; where the activity is conducted on
890 the premises which is the bona fide residence of the principal
891 practitioner, and no person other than members of the
892 immediate family occupying such dwelling unit is employed in
893 the activity; where such activity is conducted only in the
894 principle structure on the lot; where there are no sales to
895 the general public of products or merchandise from the home;
896 and where the activity is specifically designed or conducted
897 to permit no more than one (1) patron, customer, or pupil to
20
898 be present on the premises at any one time. The following are
899 specifically prohibited as accessory activities: Convalescent
900 or nursing homes, tourist homes, massage parlors, radio or
901 television repair shops, auto repair shops, or similar
902 establishments.
903 (c) Conditional uses and structures: Uses and structures
904 hereinafter specified, subject to compliance with the provisions of part
905 C of article 2 hereof:
906 (1) Automobile and small engine repair establishments, provided
907 that all repair work shall be performed within a building;
908 (2) Automobile service stations; provided that, where there is an
909 adjoining residential or apartment district without an
910 intervening street, alley or permanent open space over twenty-
911 five (25) feet in width and where lots separated by a district
912 boundary have adjacent front yards, a six (6) foot solid fence
9 13 shall separate the automobile service station use from the
914 adjacent residential district and no ground sign shall be
915 within fifty (50) feet of the residential or apartment
916 district;
917 (3) Car wash facilities, provided that:
918 (i) no water produced by activities on the zoning lot shall
919 be permitted to fall upon or drain across public streets
920 or sidewalks or adjacent properties;
92 1 (ii) a minimum of three (3) off-street parking spaces for
92 2 automobiles shall be provided for each car wash space
923 within the facility.
924 (4) Churches;
925 (5) Dormitories for marine pilots;
92 6 (6) Eating and drinking establishments which serve alcoholic
927 beverages for on-premises consumption and which are located
928 within 500 feet of a residential or apartment district or have
929 on-site Parking within 300 feet of a residential or alpartment
930 distric_t-
931 (7) Heliports and helistops;
93 2 (8) Homes for the aged, disabled or handicapped, including
93 3 convalescent or nursing homes; maternity homes; child care
93 4 centers, other than those covered under permitted principal
9 3 5 uses and structures hereinabove, when not operated by a public
936 agency;
937 (9) Home occupations;
938 (10) Hospitals and sanitariums;
939 (10) (11) Marinas, including facilities for storage and repair of boats
940 and sale of boating supplies and fuel;
941 (!;L) (12) Mini-warehouses, provided that the yard shall be completely
94 2 enclosed except for necessary openings for ingress and egress
943 by a fence or wall not less than six (6) feet in height;
944 (12) (13) Motor vehicle sales and rental, provided the minimum lot size
945 is twenty thousand (20,000) square feet;
946 (13) (14) Passenger transportation terminals;
947 (14) (15) Public utility storage or maintenance installations;
21
948 (!5) (16) Radio and television broadcasting stations and line-of-sight
949 relay devices;
950 (17) Recreational and amusement facilities of an outdoor nature,
951 which may be partially or temporarily enclosed on a seasonal
952 basis with approval of city council, provided that, in the
953 development of such properties, safeguards are provided to
954 preserve and protect the existing character of adjacent
955 properties, except that riding academies and recreational
956 campgrounds shall not be allowed as a conditional use or
957 otherwise;
958 Adopted by the City Council of the City of Virginia Beach on
959 the day of 1991.
960 CA-91-4253
961 \ordin\proposed\45-203et.pro
962 R-1
22
- 17 -
Item III-I.3
RESOLUTIONS ITEM # 34461
Dr. Fred G. Benham, D.Ed., Assistant Superintendent for Financial Services,
advised there was a backlog of applications from around the State for the
literary fund monies. In order to clear the backlog, the General Assembly
decided to issue bonds through the Virginia Public Schools Authority. The
Authority will subsidize a portion out of State Tax Revenue which will bring
the cost to the local school division to approximately the cost of a literary
fund loan. This will allow the School Board, in the future, to apply to the
literary fund loan and probably have the applications processed much faster.
Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City
Council ADOPTED:
Resolution ratifying an application made to the
Virginia Public School Authority for a Literary
Fund loan in the maximum amount of $6,370,000, to
finance the construction, renovation and expansion
of school buildings in Virginia Beach.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent
None
RESOLUTION RATIFYING AN APPLICATION
MADE TO THE VIRGINIA PUBIC SCHOOL
3 AUT'HORITY FOR A LOAN IN THE MAXIMUM
4 AMOUNT OF $6,370,000
5
6
7 WHEREAS, the City Council (the "Council") of the City of
8 Virginia Beach, Virginia (the "City"), in collaboration with the
9 City School Board, has determined that it is necessary and
10 desirable for the City to undertake capital improvements for its
ii. pubic schools;
1,2 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
13 VIRGINTA BEACH, VIRGINIA:
14 1. The Council hereby ratifies the filing of an
15 application by the City Manager and the City School Board to the
16 Virginia Public School Authority for a loan to the City in the
17 maximum amount of $6,370,000 to finance capital projects for
18 public schools.
19 2. The Council hereby authorizes the City Manager to
20 execute the Virginia Public School AUthority Bond Sale Agreement
21 dated as of May 31, 1991.
22 3. This resolution shall take effect immediately.
23 Adapted by the Council of the City of Virginia Beach,
24 Virginia this 28 day of May 1991.
25
26 CA-4270
27 Noricode\school-.res
28 R-1
VIRGINIA BEACH CITY SCHOOL BOARD
T[)) @ -
S C)LtJj TIC)
SclwoIL9luL6@ 35orLq Eoan Dn 76
@m,ouni of $6,3694S4
the Virginia Beach City School Board, Virginia Readi, Virginia, has detennined that it is
necessary and desirable fOT the City of Virginia Reach to under(ake capital improve-
ments for its public schools; and
eas, thegeneral Assemblyof the Commonwealthof Virginia has authorized a literaryfund
interest rate subsidy prograni; and
eas, it is in thebest interest of the City of Virginia Beach and the Virginia Beach City School
Board to participate in said subsidyptogram; Now, therefore, be it
J@eso@, That thevirginia Beach CitySchool Board ratifythefilingof an applicationbythe Acfing
Superintendent and the City Manager to the Virgiriia Public School Authority fora loan
to the City of Virginia Beach in the maximum amoiint of $ 6,369,454 to finance capital
projects for public schc>ols; and be it further
J@eSOk4 That this resolution shall take effect inunediately.
The undersigned Clerk of the School Board of the City of Virginia Beach, Virgirda, hereby certifies that the
foregoing constitutesa true and correct exbact from the niinutes of a regularmeeting of the School Board held
on the 21st day of May, 1991, and of the whole theteof so far as applicable to the rna tlers referred to in such
extract.
IWNESS niysignature"thesealoftheSchoolBoardoftheCityofVig.-,-@Be4ch,Virg-.ni2,this2IstdayofMay,
1991.
%--Ierk
Virginia Beach City School Board
Virginia Beach, Virginia
COMMONWEALTH of VIRCJINIA
EDDIE N MOORE, JR Departnient o.f the Treastirli, P 0 BOX 6-H
TREASURER OF VIRGINIA RICHMOND.VIRGINIA23215
(BN) 225-2142
May 15, 1991
MEMORANDUM
TO: Localities Puficipating in the VPSA 1991 Interesi Rate Subsidy Bond Sale
FROM: Joseph A. Niggel @"J
Debt Manager
Subject: Bond Sale Agreement
Enclosed is your Bond Sale Agreement for the upcoming VPSA Interest Rate Subsidy Bond
Sale. Please have the presiding officer, or other specifically designated agent, of your goveming
body executff two copies of this Agreement and return botti of them to me no later than 5:00 pm on
-Friday, May 31, 1991. Localities not retuming their Bond Sale Agreement cannot be included in
the 1991 Interest Rate Subsidy Bond Sale.
Attached to, and pait of, the Bond Sale Agreement is a copy of your estimated principal
repayment schedule. This is not your final debt service schedule, as the Authority will not know
the interest rate on the bonds until the 1991 Interest Rate Subsidy Bonds are priced on or about
June 26, 1991. The principal schedule attached is not final and will chailge on the day the bonds
are priced.
You will notice the attached estimated repayment schedule shows two interest payments due in
fiscal year 1992 on December 15, 1991 and June 15, 1992. Pursuant to Lhe recommendation of the
Department of Education, we will endeavor to limit the number of interest payments for which each
pardcipating locality is responsible to only one - presumably June 15, 1991. We r@ize the locality
FY 1992 budgets have been finalized and can accommodate no more than one interest payment
during FY 1992. The first principal payment is currently sclieduled for December 15, 1992.
Also enclosed in the packet is a two page questionnaire concerning each local's anticipated
disbursement schedule of bond proceeds. We are requiring each locality to complete this
questionnaire and return it along with the Bond Sale Agreement, as ttie information is necessary for
us to assess the Arbitrage Rebate requirements for the VPSA 1991 Interest Rate Subsidy Bonds.
The locality Interest Rate Subsidy Bond Resolution and Use of Proceeds Certificate is enclosed
for your review. We are sending a copy of these documents to the bond counsel designated in your
VPSA 1991 Interest Rate Subsidy applicafion. Any changes Lhat you or your bond counsel wish to
make to the form of the local resolution and/or your bonds must be approved by the VPSA and its
Memorandum
May 15, 1991
Page Two
bond couiisel (Brown & Wood, New York-) prior to adoption of the local resolution by your local
governing body. Some locatities may currently be scheduled to approve local resolutions already
prepared by their bond counsel. Discrepancies between these resolutions and the enclosed
docunients will iieed to be raiified by each Ic)cality prior to closing.
We will be scheduling the closing on these bonds with you and your bond attomeys at a later
date. It is currently anticipated that tlie bonds will close on or about July 25, 1991.
If you liave any questi()ns, please let me know (804) 225-4928.
Enclosure
cc: Ronald L. Tillett,
Deputy State Treasurer
Art Bowen,
Debt Analyst
Frank Robinson, Esq.
Terri Matthews, Esq.
Local Bond Counsel
Participating Locality Information
(As of May 14, 1991)
Localit Fundin2 Amount* Bond Counsel
I Augusta County $ 900,000 Mays & Valentine
2 Bland County 877,500 Wetherington & Melchionna
3 Botetourt County 1,675,000 WeLheringion & Melchionna
4 Buckingham County 6,(X)O,(K)O Miarton, Aldhizer & Weaver
5 Caroline County 7,109,179 McGuire, Woods, Battle & Boothe
6 Charles City COunty 12,000,0(x) Mays & Valentine
7 Culpeper County 2,500,000 McGuire, Woods, Batde & Boothe
8 Danville, City of 3,620,000 Ifunton & Williams
9 Essex County 1,163,846 1 lazel, Thomas, Fiske, Weiner, Beckhome & Hanes
to Franklin County 1,744,270 Woods, Rogers & Hazelgrove
I I Frederick County I,(X)O,(K)o McGuire, Woods, Battle & Boothe
12 Greene County 4,500,000 Wetherington & MelchiorLna
13 Hanover County 2,500,(X)O Mays & Valentine
14 King & Queen County 1,980,389 1 @el, Thomas, Fiske, Weiner, Beckhome & Hanes
15 Lunenburg County 6,000,000 McGuire, Woods, Battle & Boothe
16 Madison County 6,440,000 Mays & Valentine
17 Martinsville, City of 593,056 Hunton & Williams
18 MontgomM County 2,500,(X)O McGuire, Woods, Battle & Bc>c)Lhe
19 Newport News, City of 5,275,000 Kaufman & Canoles
20 Patrick County 130,000 Wetherington & Melchionna
21 PittsylVania County 3,046,400 Florence, Gordon & Brown
22 Prince Edward County 2,500,000 Mays & Valentine
-@3 Prince William County 7,895,000 McGuire, Woods, Battle & Boothe
24 Roanoke, City of 2,000,000 Coleman & Massey
25 Rockbridge County 5,000,000 Natkin, Heslep, Siegel & Natkin
26 Russell County 200,000 Wetherington & Melchionna
27 Shenandoah County 3,555,000 Wharton, Aldhizer & Weaver
28 Spotsylvania County 2,500,(X)O lfunton & Williams
29 Stafford County 5,000,000 McGuire, Woods, Battle & Boothe
30 Staunton, City of 450,000 Mays & Valentine
31 Suffolk, City of 600,000 McGuire, Woods, Batfle & Boothe
32 Tazewell County 797,000 Wetherington & Melchionna
33 Virginia Beach, City of 6,369,454 Hunton & Williarns
34 Warren County 1,392,795 Wharton, Aldhizer & Weaver
35 Washington County 1,170,015 liazel, Thomas, Fiske, Weiner, Beckhome & Hanes
36 Waynesboro, City of 450 000 Mays & Valentine
$111,423,904
Funded through VPSA bonds and Subsidy payment.
. . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . .
. . . . . . . . . . . . . . . . .
- - - - - - - - - - - - - - - - - - - -
.............
.................
- - - -- - - - - - - -
. . . . . . . . . . . . . . . .
-6gi
71 .......... ...........
............ .
Z!Q
.............
0 U
. . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . .
.L.t: 0 - - - - - - - - - - - - - - - - - - - - -
VIRGINIA PUBI-IC SCHOOI- AUTliORITY
BOND SALE AGREEMENT
dated as of May 31, 1991
Name of Jurisdiction (the "Local Unit"): City of Virginia Beach
Sale Date: Not earlier than June 24, 1991 nor later tlian JLiiie 27, 1991.
Closing Date: On or about July 25, 1991.
Principal Amount (Not to Exceed): $6,369,454
Amortization Period: 20 Years
1. The Virginia Public School AL]tliority ("VPSA") lierel)y offers to purchase yotir general
obligation school bonds in an aMOLint not to exceed the Principal Amount set forth
above from the proceeds of VPSA's bonds, tlie sale of wliich is sclie(luled to take place
on the Sale Date.
2. You represent that on or before the Sale Date, yOLir local goveriiing body will have duly
auth,orized the issuance of your boncis by adopting a resolution in a form satisfactory to
VPSA (the "local resolution") and that your bonds will be in tlie form set forth in the
local resolution. Such form of the local resollition shall be provided to you by VPSA.
Any changes that you or your counsel wisli to make to tlie form of the local resolutio4n
and/or your bonds miist be approved by VPSA prior to adoption of the local resolution
by your local governing body.
3. VPSA's commitment to purchase your bonds is contingent upon VPSA's receipt on the
Closing Date, of (a) a certified copy of the local resolution, (b) approving legal opinions
from your bond counsel in form satisfactory to VPSA as to (i) the validity and exclusion
from gross income for federal and Virginia income tax purposes of the interest on your
bonds, (ii) the conf()rmity of the terms and provisions of your bonds to the requirements
of this Bond Sale Agreement including the exhibits hereto, and (iii) the due
authorization, execution and delivery of this Bond Sale Agreement and the Proceeds
Agreement (defined below) and the enforceability of the Proceeds Agreement, (c) an
executed agreement, among VPSA, you and the other local units simultaneously selling
their bonds to VPSA, Central Fidelity and Public Financial Management, Inc. (ttie
depository and investment manager, respectively, for SNAP), providing for the custody,
investment and disbursement of the proceeds of your bonds and the other general
obligation school bonds, and the payment by you and the other local units of the
allocable, associated costs of compliance with the Internal Revenue Code of 1986, as
amended, and any costs incurred in connection with your participation in tbe State
Non-Arbitrage Program (the "Proceeds Agreement"), (d) an executed copy of the Use
of Proceeds Certificate in the form attached hereto as Appendix C, (e) a transcript of
the other customary documents not listed above, and (o the proceeds of VPSA's bonds.
4. This Bond Sale Agreement sliall take effect on May 31, 1991.
Virginia Public School Authority City of Virginia Beach
By: By:
Authorized VPSA Representative
Nanie:
Title:
(For information only; not part of the Bond Sale Agreement.)
Please have the presiding officer, or other specifically designated agent, of your governing body
execute 2 copies of this Bond Sale Agreement and retiirn them no later than close of business
on May 31, 1991, to Joe Niggel, Debt Manager, Virginia Public School Authority, P.O. Box 6-H,
Richmond, Virginia 23215. If your governing body or bond counsel requires more than one
originally signed Bond Sale Agreement, please send the appropriate number; all but one will
be returned at closing.
AIIIIENDIX A
to the Bond Sale Agreenient
STANI)ARD TEIZMS AND CONDITIONS
In
YOLir bonds will I)ear interest from the Closing Date set forth in the Bond Sale Agreement
@inct will matlire on December 15 of the years and in the amounts set forth below. Your
I)onds will bear interest payable semiannually on June 15 ahd December 15, with the first
interest payable December 15, 1991 and the first principal installment payable December
15, 1992. Your I)onds will [)ear interest at rates 10 basis points (0.10%) above the actual
rates on VPSA's botids witli corresponding maturities.
P,tvment
For so long Lis VPSA is the registered owner of your bonds,
(i) the p@ivitig agent and registrar therefor shall be a bank or trust company
CILIalifieci to serve as such, aild
(i i) all payiyieiits of principal and iiiterest sliall be made in funds that shall be
imme(liately available to VPSA on or before 11:00 A.M. on the applicable June
15 or December 15, or if such scheduled date is not a business day for banks in
Virgiiiia or for the Commonwealth, then on or before 1 1:00 A.M. on the business
d,ty preceding SLICti SCliediiled due date. OverdLie payments shall bear interest at
ttie ztpl)licat)le interest rate or rites On YOLir bonds.
lZe em tion
Your bonds shall not be SLII)jCCt to redemption or prepayment.
Se@it
Your bonds must constitute valid and binding general obligations for the payment of which
the full faith and credit of the local unit are irrevocably pledged, and all taxable property
within tlie boundaries ()f the local unit mtist be stibject to the levy of an a(di valiorem tax,
without liniitation on r@ite or amount, for the payment of the bonds and the interest thereon.
Tax Coven@int
You shall complete (lie Qtjestionnaire attached hereto as Appendix D to the Bond Sale
Agreement and send along with the Bond Sale Agreement no later than the close of business
on May 31, 1991 to Joe Niggel, Debt Manager, Virginia Public School Authority, P.O. Box
6-H, Richmond, Virginia 23215. You shall execute the Use of Proceeds Certificate in the
form provided in Appendix C to the Bond Sale Agreement for receipt by the VPSA on the
Closing Date.
No Composite ISSLie
You will covenant not to sell or deliver, without VPSA's consent, any general obligation
bonds wliich are part of the same common plan of financing (and payable from the same
source of funds) as y()Ljr local school bonds, beginning, in the case of a sale, 31 days in
advance of and ending 31 days after the Sale Date and, in the case of delivery, beginning
31 days in advance of and ending 31 days ,ifter the Closing Date.
D
VPSA \vill accept delivery of your bonds @ in tile form of a single typewritten bond, in
registered form, piyable to VPSA. The form of the bond is inclu(ied as Exhibit B to the
resolution in Appendix B to the Bond Sale Agreement.
A l'i'l @'N 1) I X 13
to tlie Boiid S@ile A@reeinent
RCSOIL]tioii No.
RESOI,UTION AU'I'IiORIZING'I'UIE ISSUANCE OF NOT TO EXCEED
$ GENEIZAL Olil.l("ATION SCHOOL BONDS,
SERIES 1991, Ol,- I'FIE COUN'I'Y 01" I VIRGINIA,
TO BE soi-i),ro,rilE VIRGINIA PUliLIC SCHOOL AUTHORITY
AND PIZO\Ill)ING I,-OIZ'I'Hr FORNit AND DETAILS THEREOF.
WHEREAS, iii 1 1990, tlie Sclioot Boarci of County, Virginia (the
"School Board") ot)t@iiiiecl @t coiiiiiiitment (tile "Coiiimitnient") from the Commonwealth of
Virginia Boarti of F-cILIC:ttiOll ([IIC "B()Lircl of ECILication") for a loan of $ (the
"Literary Funci Loifi') froiii tlie Liter,,iry FLifid, ,l periiianent trust fund establislied by the
Constitution of Virgiiii@i @tiici (le(lic@tted tO tl)e SLIpport of public education in the
Commonweztltll of Vir@,inizi (tlie "l-itei-Liry FL]II(I"), fOr tlie construction, renovation and
expansiorl of school I)Liilclili,,-@ (tlie "I'I'OjeCt") in COLiilty, Virginia (the "County").
WHEIZEAS, tlie 13o@ir(i of ECILICZltiOfl Was to liave given advances on the Literary Fund
Loan to the School 13oLtr(l, @is coristrtictiori or renovation of the Project progressed, in
exchange for tenipor@iry iiotes f@roiii t[IC SCIIOOI 130',IFcl it) tlie Literar-y Fund (the "Temporary
Notes") ft)r the @inioL,Ilts so @tclv@ilicecl@
WHEREAS, ziftet tlie conipletioll of tlie Ilroject ind tlie advance of the total amount
of the Commitmeiit, tlie -1@eiiipor@try Notes were to liave I)een consolidated into a permanent
-ioan note of the Scliool 13oircl to the Literary FLind (the "Literary FLind Obligation") which
was to evidence tlle ol)lig@ition of tlie Scliool Bo@ird to repay the Literary Fund I-oan;
WHEREAS, tlle Literiry I-Lin(I Ol)ligation was to have borne interest at percent
(-%) per annl]m aiici lllatlli-e in @tnnLIal iiistlifinients for a period of twenty (20) years;
WHEREAS, iii cotinection with tlie 1991 Interest Rate Subsidy Program (the
"Program"), the Virginit Ptiblic Scliool ALitliority (the "VPSA") has offered to purchase
general ol)ligatioti scliool I)oncis of tlie CoLiiity, and ttie Board of Education has offered to
pay, to the County, a ILIITIP SLI[N casil pavnient (tlie "LLIMP SLIM Cash Payment") equal to the
sum of (i) net presetit vztltie difference, cletermined on the date the VPSA sells its bonds,
between the interest rate til@it tlie gener@,il ol)lig,,itioll scliool I)onds of the County will bear
upon sale to tlie VPSA @in(i tlie interest rate iti@it ttie Literary Fund Obligation would have
borne pltis (ii) an allo@v@ince for the costs Of iSSLlin-. the Bonds (the "Issuance Expense
Allowance");
"EREAS, the Board of SL]pervi.@ors (the "Board") of the County of
Virginia (the "County"), has determined that it is necessary and expedient to borrow not to
exceed $ and to iSSLIe its general obligation school bonds for the financing of
certain c Pital Project-s for school PL]rposes; and
91IRSLRE/1858.006.073
WHEIZEAS, tlle COL]ilty lle]Cl @t PLII)]IC fleiring, on 1991, on the issuance
of the Bonds (as defined below) in ztccorci@ince \vitti the requirements of Sections 15.1-171.1
and 15.1-504, Code of Virgiiiia 1950, as @iinendeci (tlie "Virginia Code").
NOW, TliEREI, ORE, IlEi,rRESOLVEDiiy,rHE BOARD OF SUPERVISORS OF
THE COUNN OF VIRGINIA:
1. Aiiihorizitio c of@ Ili-occe(is. Tlie Board hereby determines that
it is zidvisable to coiitrzict i (let)t and iSSLIe and sell general obligation bonds in an aggregate
amount not to excee(i $ (ttie "Bonds") f()r the plirpose of financing certain capital
projects for school I)Lirl)oses. Tlie B()ard lieret)y authorizes tlie issuance and sale of the
Bonds in ttie foriii @irld LIPOII tlie term.@ establislied PUFSLIant to this Resolution.
2. i e or (lie lionds. It is cleteriiiiiiecl t() I)e in tlle I)est interest of the County to
accept tlie offer of tlie VPSA ind the Bo@ti-(i of EdLICation for the VPSA to purchase, and
the CoLinty to sell t() tlie VIISA, ttie Boiicl,@ @it @t price eqlial to in amount that when added
to ttie Lump Stim C@isli 1),iyjiieiit %vill [)e zippi-oxiiiiatelv equal to the capital cost of the
Project(s) al)proved [)N, tlie Bo@ird of Fc]LICZttiOll pItIS tlle IssLiance Expense Allowance, and
borrowing exl)eii.@eS LIPOI) tlie terilis eSttl)li-Slle(i I)Ltrstiant to this Resolution and for the
County to accept tlie L.Lllllf) SLI111 CZt.,ill I'@tyiiient froni ttie Board of Education. The
Chairman of the Bo@ircl, tile [Acimiiiistr@ttor/M@itiager] of the County, and such officer or
officers of ttic COLiiity @is eitlier iiiay clesigiizite ire liereby atithorized and directed to enter
into a Bond Sile AgreeiTieiit witli tlie VIISA providina for the sale of the Bonds to the
,,.VPSA (the "Bon(i S,,ile Agreenient") ;incl to tccept the LLIMP Sum Cash Payment from the
Board of E(iticitioii.
3. )et')*Ils of flie Bon(is. @l@lic Boti(is silall I)e iSSLiable in fully registered form; shall
be dated tlie cizite of iSSLI@ince @iii(I clelivery of tlie [3oncis; shall be designated "General
Obligation School B()nds, Series 1991"; sli@ill bear interest from the date of delivery thereof
payable on Decemt)er 15, 1991 (oil wfiicll clitte ctpitalized interest on the VPSA bonds shall
be credited agaitist SLicii interest iii ftill satisfiction tilereof), and semiannually thereafter on
each June 15 and Deceml)er 15 (eacli zifl "Iiiterest Payment Date"), at the rate or rates
established in accordance with paragrapli 4 ()f this IZesolution; and shall mature on
Decemt)er 15 in tlie years (each a "llrincipal I)ayment Date"), and in the amounts set forth
in Exhibit A attached liereto.
4. n( rest IZ,,ites. The [Administritor/Maiiager] of the County is hereby authorized
and directed to accept the interest r@tte or r@ites on the Bonds established by the VPSA,
[provided tliat no sticfi ititerest rite oi- rittes sliill [)e niore than one-hlindredths of one
percent (_/IOO of lclo) over the trintiil rate to t)e pzti(I I)y the @PSA for the corresponding
maturity of the bonds tO [)e iSSLIed t)y tlie VPSA (tiie "VIISA Bonds"), a portion of the
proceeds of wilich will [)e Llsed to purch@ise tlie Bonds,] and provided further, that no
interest rate or rates on the Bonds sliall exceed nine percent (9%) per annum; and the
91IRSLRE/1858.006.07'3 2
execution and delivery of the Boti(Is descrit)eci iii Sectio[i 8 hereof shall conclusively
evidence the same as li@ivitig I)eeii zippro@'CCI @tll(i @IL)tliorizeci by tliis Resolution. As required
by Section 15.1-186(a) of the Virginia Code, tlie estiinziteci interest rate on the Bonds is
percent per aiInLitTl @tiid tlie estini@tted iiiterest ciiarges required to repay
and retire the Boticis is $
5. Form of the floti(Is. For as loiig tlie VPSA is tlie registered owner of the
Bonds, the Bonds sliall I)e in ttic foriii of t siiigle tyl)e\vritten bond substantially in the form
attached hereto as Exhit)it B.
6. Payment@ Pa@,ing A -,in(] IZe isti-:tt-. Tlie following provisions shall apply:
(a) For is long @is the VI)SA is tiie re,,istered o\vner of tlie Bonds, all payments
of principal of, premilini, if @iiiy, anci iiiterest ori tile [3oficis sh@ill be made in immediately
available flinds to tlie VPSA @it or [)et'ore I 1:0() @t.ni. on tlie applicable Interest Payment
Date and Principal Pztyiiieiit D@tte, or if silctl (i@tte iS 110t a I)Lisiness date for Virginia banks
or for the Common@vealtli of Virginit, tlleii @it or I)efore I 1:00 a.m. on the t)usiness day next
prececling SLICtl Interest P,,iyiiient Dtte z@ficl Ilrincil)@ti I'@tynient D@ite.
(b) All over(ILle p@tyiiients of [)riilcil)@il or iiitetest sli@ill b@ir interest at the applicable
interest rate or rates on tlie Boncis.
(c) Vir@iiii,,t, is designated as Bond Registrar and
'Yaying Agent for tlie Boncis.
7. 1!. 'l-lie I)i-incif)@il installments of tlle Bond are not
sut)ject to prepayiiietit or i-ecieniptiori prior to ttieir st@tted maturities.
8. Exectition of the Bonds. Tlie Cli,,tirnian or Vice Cliairman and the Clerk or any
Deputy Clerk of the Board are ',ILlthorize(i zind directeci to exeCLIte and deliver the Bonds
in an aggregate principztl am()Lint not to exceecl and to affix the seal of the
County ttiereto.
9. Pledge of Ftill Faitli ,in(I Ci,e(lit. For the proml)t payment of the principal of, the
premium, if any, and tlie interest on the Bonds ,is the sime shall become due, the full faith
and credit of the CoLinty are liereby irrevocahly pleciged, and in each year while any of the
Bonds shall be OLItstanding there sh,,tll I)e levied and collected in accordance with law an
annual ad v,,ilorem taX Lipon all ttxible property iii ttic Cotinty subject to local taxation
sufficient in aMOLint to provide for the I)ayiiient of ttie principal of, the premium, if any, and
the interest on the Bonds aS SL]Cll princil)al, preMiLIM, if any, and interest shall become due,
which tax shall be wittiOLIt liMitatiOn Zis tO rate and aMOLint @ind in addition to all other taxes
authorized to i)e levied in the COLinty.
91IRSLRE/1858.006.07'3 3
10. School Board Ai)i)t-ov:tl. l@lie CICFK ot tiie 13o@ti-d iS flefeby authorized and directed
to cause a certified copy of ttiis IZesoltitioii to [)e 1)reseiited to the School Board of the
County. Tlie Boiicls liere[)y @lLitlIoriZeci sli@ill ]lot [)e isslied [)y the Board until the School
Board of tlie COLI[Ity Stiall li@ive @tclol)teci @ill lesollition consenting to the issuance
of the Bonds.
ii. Use of l@rocee(is Cei-iii-iciiie. 'l-lic Cilairman of the Board, the
[Administrator/Mzinagerl of tlie CoiiiitY @tilli SL)Cil OffiCer Or officers of the County as either
iiiay designate are liefei)y alittiorized @iiict tlirectect to execute a Use of Proceeds Certificate
setting forth the expected LISE and illVeStilictit oi' tlie pioceeds of the Bonds and containing
such covenants as may be iiecessii-y iii orcier to slio%v cotiipliance witti the provisions of the
Internal Revejiue Code of 1986, @is @tinciideci (ttie "Code"), and applicable regulations
relating to the eXCIL]sion froiii gross incojiie of iiiterest ()ii tlie Botids or on the VPSA Bonds.
The Board coven@iiits on I)elitif ot@ tIlC COLIlltV tllztt tlle 1)rocee(is from the issuance and sale
of the Bonds will [)e investe(i @iii(I expeii(leci @is set l'ortli ill sticii Use of Proceeds Certificate
and that the COLIlltV Stitll colliply @@'itli tile t)tllel- coveri@ints and representations contained
therein. FLIrtilerni()re, tlie Bo@ir(i coveii@iiits oii [)ell@lif Of tile COLInty tliat the County shall
comply with ttie provisio[l.@ of tile Cocie so ili@it iiiterest on tlie Boiicls and on the VPSA
Boncfs will remaiii exciLI(I@tl)le l@roiii -@io.@s ilicollic tor iiiconie t@LX purposes.
12. St;tte Noii-Ai-I)itr,'12e I'l@OI_F-iilli; lll@ocee(is ALi-cenient. @f'he Board hereby
determines tliat it is in ttie t)est iiitei-ests Of tile COLIfIty tO tllthorize and direct the
(Treasurer/Director of 1-ifi@ttice] of tlie CoLii)tv to 1)@trticipzite in the State Non-Arbitrage
"Program in cotinectioil %vitli ttie Boii(is. -Flie Chiirman of the Board, the
[Administrator/M@int@er] of tlie CotjiltNl alici sticli ot-ficer Or OffiCeFS of ttie County as either
may designate are lierel)y @lLitil0lize(I ',Iiici (lirectell to eXeCLite and deliver a Proceeds
Agreement witli resi)ect to tlle (Iel)osit @iii(I ifivestitient of proceeds of the Bonds by and
aFnong tile COLInty, the ottier p@irticiptilts ill tlie @ile ot@ the VPSA Bonds, the VPSA, Public
Financial Management, Inc., @ts ifivestiiie[it fii@iiia-er, ,Ind Central Fidelity Bank, as
depository.
13. ririn of IZesoltiCion ,in(] Iltil)licittioii of' Notice. -rlie apprc)priate officers or agents
of the Cotinty @ire liereby alltliorizeci aii(I directeci tO CaLlse a certified copy of this
Resolution to be filed Witil tlle Cil-CLlit COLirt of itie County and, within ten (10) days
thereafter, to cause t() I)C PLII)IiSIleCi Ofice iii @t iie%vsl)@iper liaving general circulation in the
County a notice setting fortli (@t) in I)rief ztri(i general terms tlie plirposes for which the
Bonds are to be iSSL]eCi aiid (b) tlie allIOLIfit of tlie Bonds.
14. Ftirther Actions. E@icli nienil)er of tlie Bo:ir(i @incl ,ill other officers, employees and
agents of the COLinty are lierel)y ZIL]thorizeci to tike SLICII action as they or any one of them
may consider necessary or desirat)le iii coiiiiectiofi with the issliance and sale of the Bonds
and any stich action previously tztken is liereby r@itified ancl confirmed.
91 IR SLRE/1858.006.OT3 4
15. ('fective I),ite. Ttlis RCSOILItiOll slilill tlike effect imnie(liately.
The undersigned Clerk ()f tlie Bo@irci Of SLIpervisors of tlie COLinty of
Virginia, hereby certifies tli,,tt tile fore,oiii, constitLIteS @t trlie @in(I correct extract from the
minLItes of a meeting of the Boarci of Stiper\,isors lield on 1991, and of the
whole thereof so flir as a[)plicable to ilic iiiatters referred to in slich extract. I hereby
further certify tliat SLicii iiieeting \vii-s a regLIlarly SC[le(-iLited meeting ajid tliat, during the
consideration of the foregoirig resoiLltiOll, @t CILIOI-Lini \v@ts preselit.
WITNESS NIY IIANI) @ifid tlle sezil of tlie Boztrci Of SL]pervisors of tile County of
Virginizi.
Dated: 1991
Clei-k, 13o@ircl of Stipervisors of
tlle COLlilty Of@ Virginia
(Seal)
91IRSLRE/1858.006.073 5
EXIIIBIT 13
(FORNI Ol,- BOND)
NO. R-1
United S(iites Of@ Arnei-ici
Coiiiiiioii%i,eiiltli Of' Vii-gini;i
Cotin(y of'
Gener,il 01)[igiitioii Scliool lit)il(l
Sei-ies 1991
The COUN@L@Y OF Vllt(@INIA (t[ie "CoLillty"), lor vaille received, hereby
acknowledges itself indel)ted aiid I)rotTiises to 1)ay to ttie VIIZGINIA IIUBLIC SCHOOL
AUTHORITY ttie principal IMOLint of DOLLARS (S in
instillnients iii tlie iiTIOLIfIts @et foftll I)elo%V oii Decenil)er 15, 1992, and
,innLIal
'innually on Deceml)er 15 t[icreafter to aild ifICILiding Decemt)er 15, 2011 (each a "Principal
Payment Date"), togetlier %vitti iriterest fioiti tlie cl@tte of tliis Bolid on the unpaid
installments, payahle on December 15, 1991, ancl tliereafter semiannually on each June 15
and December 15 (each an "Interest Payment Dztte"; together with any Principal Payment
Date, a "Payment Date"), @it tlie rates per I[InLirn set forth as follows:
91IRSLRE/1858.006.07'3 B-]
Year of Princil),,tl Ilitelest Ye@ir of Principli Interest
MatL@t A111OLint R@ite M@[tLIritV AnIOLInt Rite
1992 2002 %
1993 2003
1994 '-004
1995 2005
1996 --1006
1997 2007
1998 -008
1999 --) 009
2000 --)o I 0
2001 ?-Oil
Both principal of aild interest oii t[iis B()nci ,tre p@ty@t[)Ie ifi l@iwful nioney of tile United States
of America.
For as lotig @ts tiie Virgiiiit I'Lll)]iC Scliool ALIIIIOI'ity is the registered owner of this
Bond, the Bond Registr,,tr sti@ill iTi,,il<e @til 1)@tytiieiits of princip@il of, 1)remium, if any, and
interest on this Bofi(l, %VitilOLtl tile preseiit@itioti or SLirrender hereof, to the Virginia Public
School Authority, iii ininie(liitelv @tvail@tl)le flincis ,it or t)efore I ]:00 a.m. on the applicable
Payment Date. If zi I'@tyriieiit D@Lte is ilot @t [)LISilleSS (lay for b,,tnks in tlie Commonwealth
of Virginia or for tlie Coniiiion%v@iltli ()I@ Viigiiiit, then the payment of principal of,
premium, if ariy, or iiiterest oil this Boiici sliill [)e nia(le in immediately available funds at
or before I 1:00 a.nl. On (Ile I)LISilleSS (i@ty next prece(ling ttie schedliled Payment Date. Upon
receipt by the registereci owiier of this 13oiici of @tici 1)ayinents of principal, I)remium, if any,
and interest, written acknowle(f@.iiient of tlie receipt thereof shall be given promptly to the
Bond Registrar, an(I the COLinty sli,,tll t)e FLIIIY (liscli@irge(i of its obligation on this Bond to
the extent of the payment so made. Upoii fiii@il payi-nent, tliis Bond shall be surrendered
to the Bond Registrir for cancellatioll.
91IRSLRE/1858.006.073 B-2
Tlie fl]ll f@iith @ind cre(lit Of tlle ('OLI[itv @tie ii-re%,octl)lv 1)[edied for the payment of
principal of, prenlillni, if Liny, and iiltere@t oil tilis 13oliLl.
I'his Bond is dlily al]tfiorized ztiid i@SLiecl iii coiiipliaiice with and pursuant to the
ConstitL]tion anct I.Iws of tile Conifil()tiwe@iltii of VirginiLl, ilICILIClilig the Public Finance Act,
Chapter 5, Title 15. 1, Code of Virgiiiit 1950, @Ls @iiiieiicied, iiici resolutions duly adopted by
the Board Of COLI[Ity SLII)er\@isors ot@ tlle COLI[Ity @Iriti tlie Scliool Boird of the County to
provide funds for cipitztl 1)rojects t'o[ scliool [)Llrl)oses.
@riiis Boiid is registereci iii tlle li@iliie of@ Vii-,,ini,,i I'til)lic Scii()ol ALIttiority as to both
principal an(] iiiterest oil I)ool@s of tlie COLliity kept I)y tlie Botid IZegistrar, and the transfer
of tliis Bond inay [)e efl@ecteci I)v tlie regi,@tereci o%viier of tliis 13oji(I only lipon dlie execution
of an assignmerit t)y SLicii re-istere(i o%vilei-.
Tile princip,,tl in-@t@illflierits of tlii.@ 13oti(i ire iiot SLii)ject to prep@tyment or redemption
prior to ttieir stated M@ttLirities.
All iicts, conditions arill tliiii-s reCiLlii-ed [)y tlie ConstitLition and laws of the
Commonwealtli of Virginia to lizip[)en, exist or [)e performed precedent to and in the
issuance of this Bonci htppeiiecl, exist @tiid hlive I)eeti performed in clue time, form and
manner as so reqliired, and this Bond, togetlier @vith @ill otlier indebtedness of the County,
is within every clel)t and other liniit prescril)e(I [)y tlie ConstitLition and laws of the
Commonwealth of Virginia. The resolLitiOn @idopted by the Board of Supervisors of the
County on , 199 1, @ILItlioriZillg tilc iSSLIIIIICe of tliis Bonci provides, and Section
15.1-210 of the Code ()f Virgiiiia, 1950, is ,tinen(le(l, re(ILiires, tliat ttiere stiall be levied and
collected an annlial tax Lipon all taxat)le pr()perty in t[le COLinty subject to local taxation
91IRSLRE/1858.006.073 B-3
sufficient to provide for tlie f)aynient of tlie priiici[)al of ancl interest on this Bond as the
same shall become dLIe Wliicli t,,@x sli@ill he @@'itlIOLit lilllit,itioii @is to rite tnd amount and shall
be in addition to all ottier taxes lLlthorize(I to I)e levieci iii tlie Coulity.
91]RSLRE/1858.006.073 B-4
IN WITNESS NVHEIZEOI@, tlle 130@@l-d OC SLI[)ei\lisors of the County of
has caused this Boiicl tO i)e iS,@LleC] ill tlie li@tiiie of tile C()Linty of Virginia, to
he signeci by its Ctitirniiri or Vice-Cli@tilill"Ill, it@@ se@tl to I)e affixed liereto and attested by
ttie signature of its Clerk or iiiy of it-s I)el)Litv Cl@i-ks, anci tliis Bond to be dated
1991.
('O U N'I'Y 0 f,'
V I I I N I A
(SEAL)
ATTEST:
Clerk, Board Of SLI[)ervisor,@ Cliiii-iiitii, f3o@ii(i ot@ S(II)ervisors
-of the County of Of tIlC (-OLI[ItV Ot'
Virginizi Virginia
91[RSLRE/1858.006.073 B-5
ASSIGNNIENT
FOR VALUE RECFIVED, tlle Lliiclersigiieci sells, assigns and transfers Linto
(PLEASE PRINT OR -1-YPEWRII-E NAME AND ADDRESS, INCLUDING ZIP CODE,
OF ASSIGNEE)
PLEASE INSERT SOCIAL SECUIZI'I-Y Oiz OTI[ER
IDENTIFYING NUMBER Of@ ASSIGNEE:
the within Bond ,@nd irrevocil)ly coiistittites aiid 11)poilits
attorney to exchange said Bond
for clefiiiitive I)onds iii liell Of WIliCli tilis Boiid iS iSSLieci aiid to register tlie transfer of such
,,definitive bonds oii tlie I)ooks kel)t for registr@ition iliereof, witli fLIll power of substitution
iii tlie premises.
1)@tte:
Registered Owner (NOI-ICE: @fhe signature above must correspond with
tlle iiiiiie of tile Registered Owner as it appears on the
froiit of tliis Bonci in every partiCLIlar, without alteration
or efian-e.)
SignatLire GLIaranteed (NOTICE: SignUtLire miist be guaranteed by a member
firni of ttie Ne\v York Stock Exchange or a commercial
1)@ink or trLiSt coryipany.)
91[RSLRE/1858.006.073 B-6
APPENDIX C
to the Bond Sale Agreement
USE OF PROCEEDS CERTIFICATE
fri connection with the issuance [)y [Name of Local Unit] (the "Issuer") of its
$ general ot)ligation Setiool Boii(is (the "Bonds"), which will be purchased
by the Virginia PLiblic Sclioot Authority ("VPSA") from the proceeds of the VPSA's
$ Interest Rate SL]bsidy Bonds (1991 Resolution), Series 1991 (the
'.VPSA's Bonds") pursuant to a Bond Sale Agreement dated May 13, 1991, the Issuer
recognizes ttiat certain facts, estimates and representations set forth in the Certificate as to
Arbitrage exeCLited by VPSA in connection with ttie issuance of the VPSA's Bonds must be
based on the representations and certifications of the Issuer and that the exclusion from gross
income for federil income tax purposes of the interest on VPSA's Bon(is depends on the use
of proceeds of the VPSA's and the ISSLIer's Bonds. Accordingly, the Issuer hereby covenants
that:
1. The proceeds of tlie Bonds, including investment income thereon ("proceeds"), will be
used to finance the acqliisition, construction, and equipping of public school facilities
of the Issuer (the "Pr()ject"). The lsstier has entered into binding obligations to spend
more than $ 1 00,000 on the cost of the Project. The Issuer expects to proceed with due
diligence on tlie Project and to spend all of the proceeds of the Bonds within three
years of the date liereof.
2. Tlie proceeds of tlie Bofids will tiot I)e Llsed to I)rovide f()r the payment of any principal
of or interest on any ot)ligations of tlie ISsLier incurred in the exercise of its borrowing
power.
3. The Issuer shall not use or permit the Llse of the proceeds of the Bonds or the Project
in any nianner that would callse both (a) more than 10 percent of the proceeds of the
Bonds to be treated as used for Private Business Use, i.e., use directly or indirectly in
any trade or business carried on by iny person otlier than a governmental unit
(excluding use @is a member of ttie general ptiblic) and (b) the payment of principal of
or interest on itiore tlian 10 percent of the proceeds of the Bonds to be treated as
meeting the Private SecLirity Test, i.e., the (lebt service on the Bonds is directly or
indirectly (i) seCLired by (A) any i*nterest i'n property used or to be used for a Private
Business Use or (B) payments in respect Of SLIch property or (ii) derived from payments
in respect or property or borrowed money used or to be used for a Private Business
Use. If, however, more than 5 percent of the proceeds of the Bonds are used for
Private BLIsiness Use and more tlian 5 percent of the proceeds of the Bonds meet the
Private Security Test, theii tlie excess over -5 percent (the "Excess Private Use Portion")
shall be used for a Private BLISil]eSS Use that is related to the governmental use of the
Project and the Excess Private Use Portion sliall not exceed the amount of proceeds of
the Bonds used for the g()vernmental use of the Project to which such Private Business
Use is related.
4. The aMOLint of proceeds of tlie Boiids tised directly or indirectly to make or finance
loans to persons otlier than governi-neiital units stiall not exceed tile lesser of $5,000,000
or 5 percent of the proceeds of the Bonds.
5. The Issuer stiall not take or permit any action that would cause (a) the payment of
principal or interest on ttie Bonds to be guiranteed, directly or indirectly, in whole or
in part by the United States or any ageiicy or instrumentality thereof or (b) five percent
or more of the proceeds ()f the issue to be (i) used in making loans the payment of
principal of or interest on which are guaranteed in whole or in part by the United States
or any agency or instruinentality thereof or (ii) invested directly or indirectly in federally
insured deposits or accolints (except as permitted under Sectiori 149(b) of the Internal
Revenue Code of 1986, as amen(ied, or tlie regtilations promulgated thereunder).
6. No portion of the proceeds of the Botids will t)e used as a substitute for other funds that
prior to ttie ISSLier's resolving to proceed witti the issuance of the Bonds were used or
to be tised to pay for any cost of the Project.
7. The ISSLier lias not and will not establisti any funds or accounts that are reasonably
expected tO bC Llsed to pay debt service oii the Bonds or that are pledged as collateral
for the Bonds for which there is a reason,,ible assurance tliat amounts on deposit therein
will be availit)le to pay (let)t sei-vice oii the Bonds if ttie IssLier encounters financial
difficulty.
8. There are no otlier oi)lig@itio[IS of tlie Local Uiiit tliat (,,I) are being issued at
SLibstanti,ally tlie sanie time as ttle Bonds, (t)) are beilig sold pursliant to a common plan
of finaiicing together with the Bonds, ,ind (c) will be paid out of substantially the same
source of funds as the Bonds.
9. The Issuer reasonably expects that 85 perceiit of the spendable proceeds of the Bonds
will I)e used to pay the cost of ttie Project witliin three years of the date hereof.
Furtlierniore, not more than 50 perceiit of the proceeds of the Bonds will be invested
in Non-purpose Investments (as such term in defined in Section 148(f)(6)(A) of the
Code) havitig a SLIbStantially guaranteed yield for fOLir years or more.
APf'ENDIX D
to tlie 13oii(i Szile Agreeiiieilt
CONS'I'RUC'I'ION EXCEi,,rION
'1'0 IZI,'BA'I'E REQUIREMENT
QUESI'IONNAIIZE
The purpose of thi,@ (]Liestiotinaire is to elicit ficts concerning the expenditure of the
proceeds of the City/C()Lintv generzil olili@-,@itioll scilool bonds (the "Bonds") in order to make
an initial determination pr()videcl [)y Section 148(f)(4)(C) of the Internal Revenue Code of
1986, as amended, is @t%,ailat)le.
Please supply tlie iriforiii@ttioii jeqllesteci [)elow and send this questionnaire to Joseph
A. Niggel, Departnieiit of tiie 'Fl'e@ISLirv, 101 Nortli 14th Street, 3rd floor, Richmond, VA
23219, for receipt [io l@tter tii@iii M:i.\, 1, 199 1.
1. Brieflydescrit)e tlie i)roject(s) (111@ "I'loject") to I)e finaricedwith tlie proceeds of the
Bonds.
(a) Indicite ilie LiillOLtflt Of I)I@OCCe(is io [)e derive(] from tlie sale of the Bonds.
(b) Indic@ite tlie @irilOLint tll@it YOLI expect to i-eceive from the investment of the
proceeds of tlie Boncis.
(c) Indicate the @iiilolint of I)ioceecls (lerive(i from tlie sale of the Bonds that you
expect tO LiSe to finzince tlle i-SSLIIllCe costs of tile Bonds.
The total of the ,im()Lints set forth in QLlestions 2(a) and 2(b) reduced by the amount
set forth in QL]eStiOn 2(c) i.@ referre(i to as "Available Construction Proceeds".
91IRSTXQ/1858.006.073 D- I M.y 13, 1991
3. Indicate ttie aMOLIllt of nioiiey, otlier tlian tlie Avztilable Cotistruction Proceeds of the
Bonds, that will be applieci towarcl tlie cost of tlie Project @itid the expected source
of such moiley.
4. Indicite, I)y principal compoiieiits, y()Lir CLirrent estini@ites of tlie cost for the
acquisitioii an(] constrLICtiOll Of tlle l'ioject that will I)e financed with the Available
ConstrLICtiOll Proceeds of tlie Boii(].s, i[ICILI(ling:
(a) ACCILliSitiOn of Laii(i
(b) Acqtiisition of BLlilcling
(c) AcqLliSitiOn Ilicl/or Install@itioii ot@
Moval)le Persotial Pi-ol)ertv
(d) Site Preparation
(e) ConstrLiCtion of BL]i[Clillg @1[1(1/0[@
FixtLires
(f) ReconstrLIction of [3tii)(Iiii@ @tiici/of
FiXtLires
(g) Relial)ilitzitioii of BLli]Ciiilg ZIII(I/Ol-
FixtLires
(ii) Arciiitect, Engineeriiig tii(i f)ltiiiiiiig
(i) Interest oii the Bonds dliritig
Con.@trLiCtiOfl
Other (please specify)
Total
(Note: The SLIrn of ttie aniOLIlItS described in (a) thrOLigil must equal the amount
of Availat)le ConstrL]CtiOn Proceeds of the Bonds.)
5. Indicate whether the t()tal of tlie ',IMOLlrits shown in Questions 4(d), 4(e), 4(f), 4(g)
and 4(h) is greater than or eclual to 7.5% of the Available Construction Proceeds, i.e.,
the stim of the a[-nOLlnts iii 46) tlirOLIgli 4(k).
Yes No
If the answer to Question 5 is "Yes", answer QLiestion 7.
If the answer tO QLIeStion 5 i.@ "No", skip QL]estiori 7 and answer Question 8.
91IRSTXQ/1858.006.073 D-2 May 13, 1991
6. Do YOLI intend to reiiliblirse YOLirself t'rom tlie [)roceeds of ttie Bonds for Project costs
advanced from YOLir General FLincl or ot[ier @tv@tila[)Ie solirces?
Yes No
If the answer to OLiestioil 6 is "Yes", please inclicate tile amolint below:
7. Assuming the Bonds are deliverecl on July 1, 1991 and fl]nds are made available to
you on tliat date, please coiilplete the f()Ilo\vitiL, scliec]Lile indicating the amount of
Avail,,ible ConstrLIctioii Proceeds til@it tlle City/(:TOLlllty expects to expend and disburse
during the following time periods:
From JLIIY 1, 1091 to J@inL]@try 1, 1992 @s
From Jil[ILI@try 1, 1992 tO JLIIY 1, 1992 Is
Froni JLIIY 1, 1992 tO J@InLizir'v 1, 199@) $
From JailLIal'y 1, 1993 tO JLIIY 1, 199@) $
8. For purposes of tlii@ OLIeStiOll 8, @1,SSLI]l)C ti),it tlie 13()iids @ire delivered on August 1,
1991 and ftiii(is @ire iiiacle tO VOLI Oil tli@it (I',ite.
(a) Does tlie City/C()LI[Ity CXI)CCT tO eXI)CII(i Zlil(i CliSt)Llrse tlie aniount sliown in
Question 4(a) for tile ac(]Lli.@ition of lanci I)y JLIIY 1, 1992?
Yes No
(1)) Does tlle City/C()Lliity expect to exl)eii(i @inci diSt)Lirse tlie amount shown in
QLie,;tion 4([)) for tlie aCC]Llisition ()f [)LlilCiillg I)V JLIIY 1, 1992?
Yes No
(c) Does tlle City/CoLinty expect to expeild @ind disbLIFSe the amount shown in
QLiestion 4(c) for tlie aC(IL]isition and/or install@ition of movable personal property
by JLIIY 1, 1992?
Yes No
91IRSTXQ/1858.006.073 D-3 May 13, 1991
(d) Pleise complete tlie follo%vil)@ scliedtile indicating the tmount of Available
Con.@trLICtiOll Pr()ceeds sliown ill0L[eStioii 4(d) tlirOLigil 4(h) that the City/County
expects to expend aiid diSbLirse (ILiring tlie following time periods:
From JLily 1, 1991 to Jantiary 1, 1992$
From JanLIary 1, 1992 tO JLIIY 1, 1992$
From JLIIY 1, 1992 to J@tnLi@try 1, 1993$
Froni Jatitiary 1, 1993 tO JLIIY 1, 1993$
I understan(i tliat the foregoing iiiforniation will I)e relied upon by the Virginia Public
School ALIttiority (tlie "ALIttiority") iii cleteritiining ttie applicability of the construction
exception to tlie Autliority's Iiiterest Rate SLII)sidy Bonds (1991 Resolution) Series 1991. 1
liereby certify tliit I @titi f@iiiiili@ir witli tlie Project @ind am authorized by tile City/County to
provicle the foregoitig inforiiiz@tiori witti respect to it, wliich inft)rmation is true, correct, and
coilil)lete, to tlie best of iny knowlecige.
N,ime of Person Completing
QLlestionnaire
Title
Sigri@ittire Date
91IRSTXQ/1858.006.073 D-4 May 13, 1991
- 18 -
Item III-J.1.
ORDINANCES ITEM # 34462
Upon motion by Councilman Sessoms, seconded by Councilman Lanteigne, City
Council APPROVED, upon FIRST READING:
Ordinance to appropriate $36,612 to the
Commonwealth's Attorney's Office for an additional
Attorney I position to be funded by a $28,738
increase in estimated revenues; and, TRANSFER
$7,874 from Reserves for Contingencies.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent
None
I AN ORDINANCE TO APPROPRIATE $36,612 TO THE COMMONWEALTH'S
2 ATTORNEY'S OFFICE FOR AN ADDITIONAL ATTORNEY I
3 POSITION TO BE FUNDED BY A $28,738 INCREASE IN
4 ESTIMATED REVENUES AND A $7,874 TRANSFER FROM
5 RESERVES FOR CONTINGENCIES
6 WHEREAS, the State Compensation Board has granted approval to the Office
7 of the Commonwealth's Attorney for an additional Attorney I position for FY1991-
8 92 to address the increased workload;
9 WHEREAS, the total net additional cost of the position including salary,
10 fringe benefits, and operating costs is $36,612;
11 WHEREAS, of the total net additional costs, $28,738 will be funded by
12 additional revenues in the form of rei:,.burseme-,ts from the Commonwealth, and
13 $7,874 will be funded through a transfer of funds from General Fund Reserves
14 for Contingencies, representing the City's optional supplement;
15 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF VIRGINIA BEACH,
16 VIRGINIA, that an additional Attorney I position granted from the State
17 Compensation Board be accepted and approved, and funds in the amount of $36,612
18 be appropriated to the FY1991-92 Operating Budget of the Commonwealth's Attorney;
19 BE IT FURTHER ORDAINED, that the additional Attorney T position be funded
20 by an increase in estimated revenues of $28,738 as Reimbursements from the
21 Commonwealth, and a transfer of $7,874 from General Fund Reserves for
22 Contingencies as the City's optional supplement.
23 ADOPTED THE - DAY OF 1991, BY THE CITY COUNCIL OF VIRGINIA
24 BEACH, VIRGINIA.
25 This ordinance shall be in effect on July 1, 1991.
26 FIRST READING: May 28, 1991
27 SECOND READING:
attorney.ord/swj
- 19 -
Item III-J.2.
ORDINANCES ITEM # 34463
Upon motion by Councilman Heischober, seconded by Councilman Jones, Ctiy
Council ADOPTED:
Ordinance authorizing the City Manager to TRANSFER
$155,731 from the FY 1991-92 General Fund Reserves
to the Department of Permits and Inspections; and,
establish all positions necessary to implement a
combined Truck Weighing and Weights and Measures
Program.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent
None
1 AN ORDINANCE TO AUTHORIZE THE CITY MANAGER
2 TO TRANSFER FUNDS AND ESTABLISH ALL
3 POSITIONS NECESSARY TO IMPLEMENT A COMBINED
4 TRUCK WEIGHING AND WEIGHTS & MEASURES PROGRAM
5 WHEREAS, it is desirable to establish a truck weighing program in the City
6 of Virginia Beach which will increase safety on the City's roadways and offset
7 infrastructure costs caused by overweight vehicle damages;
8 WHEREAS, it is desirable to provide supplemental support to the State's
9 Weights and Measures effort;
10 WHEREAS, these two programs can be jointly performed by the Weights and
11 Measures Unit of the Department of Permits and Inspections.
12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
13 BEACH, VIRGINIA, that the City Manager is hereby authorized to transfer from
14 FY1991-92 General Fund Reserves (A) $101,149 and three (3) positions established
15 for the Weights and Measures Program, and (B) $54,582 and one (1) position
16 established for the Truck Weighing Program to the FY1991-92 Operating Budget of
17 the Department of Permits and Inspections for the purpose of implementing a
18 combined Truck Weighing and Weights and Measures Program consistent with the
19 attached report.
20 Adopted this 28 day of May 1991, by the Council of the City of
21 Virginia Beach, Virginia.
22 This ordinance shall be in effect on July 1, 1991.
weighing.ord/swj
- 20 -
Item 111-J.3
ORDINANCES ITEM # 34464
Concerning a memorandum to Dr. Davis relative School legal expenditures through
May Twentieth of this year, Dr. Fred G. Benham, Assistant Superintendent for
Financial Affairs, will provide an update of this Information with the billable
hours assoclated with these costs and also amounts for the last fiscal year.
BY CONSENSUS, the City Council took NO ACTION:
School Superintendent's letter to the City Manager,
dated May 22, 1991, re transfer of legal services
from the School Board to the City Attorney's
Office.
- 21 -
Item II I-K
CONSENT AGENDA ITEM # 34465
Upon motion by Counci Iman Heischober, seconded by Vice Mayor Fentress, City
Council APPROVED in ONE MOTION Items 1, 2, 3, 4, 5, 6, 7 a.b., 8 a.b., 9, 10,
11, 12 and 13 of the CONSENT AGENDA.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louls R. Jones, Paul J. Lanteigne, Reba S.
McCianan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent
None
- 22 -
Item III-K.I.
CONSENT AGENDA ITEM # 34466
Upon motion by Councilman Heischober, seconded by Vice Mayor Fentress, City
Council ADOPTED:
Resolution to name the Community Recreation Center
to be constructed on Ferrell Parkway, adjacent to
Strawbridge Elementary School, in the Southeastern
portion of the City of Virginia Beach: "Virginia
Beach Community Recreation Center/Princess Anne".
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent
None
1 RESOLUTION TO NAME THE COMMUNITY
2 RECREATION CENTER TO BE CONSTRUCTED
3 IN THE SOUTHEASTERN PORTION OF THE
4 CITY OF VIRGINIA BEACH
5 WHEREAS, in 1987 the citizens of the City of Virginia
6 Beach approved by referendum the construction and operation of a
7 community recreation facility to be located in the southeastern
8 portion of the City; and
9 WHEREAS, there is presently being designed such a
10 facility, to be located on Ferrell Parkway, near the intersection
11 with General Booth Boulevard, adjacent Strawbridge Elementary
12 Middle School; and
13 WHEREAS, it is deemed advisable to identify such
14 recreation facility with a name which is related to its location
15 in the community;
16 NOW, THEREFORE, BE IT RESOLVED that the planned
17 recreation facility to be constructed on Ferrell Parkway adjacent
is the Strawbridge Elementary Middle School shall be designated the
19 Virginia Beach Community Recreation Center/Princess Anne.
20 Adopted by the Council of the City of Virginia Beach,
21 Virginia, on the 28 day of May 1991.
22 CA-4262
23 Noncode\Recreation.Res
24 R-1
- 23 -
Item Ill-K.2.
CONSENT AGENDA ITEM # 34467
Upon motion by Counci Iman Heischober, seconded by Vice Mayor Fentress, City
Council ADOPTED:
Ordinance declaring a 1.092 acre parcel situated at
Courthouse Drive and Glebe Road as EXCESS property;
and, authorizing the City Manager to convey same as
an exchange parcel to Contel of Virginia, Inc.
Votlng: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessorns, Jr.
Council Members Voting Nay:
None
Council Members Absent
None
AN ORDINANCE AUTHORIZING
THE CITY MANAGER TO
3 CONVEY REAL ESTATE TO
4 CONTEL OF VIRGINIA, INC.
5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
6 BEACH, VIRGINIA:
7 WHEREAS, the City of Virginia Beach has acquired
8 ownership of real property necessary for the new Judicial Center
9 except for a 1.092 acre parcel owned by Contel of Virginia, Inc.,
10 hereinafter referred to as Contel; and
11 WHEREAS, the said parcel is needed by the City for
12 parking and walkways to the new Judicial Center; and
13 WHEREAS, Contel represents that said property was
14 acquired for its future expansion and if it conveys same to the
15 City it will be in need of a smaller City owned parcel consisting
16 of 0.375 acre for a switching station to expand its communication
17 services to the Municipal Complex including the new Judicial
18 Center; and
19 WHEREAS, Contel proposes the exchange of the smaller City
20 owned parcel as a part of the consideration for the City' s purchase
21 of the 1.092 acre parcel.
22 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
23 OF VIRGINIA BEACH, VIRGINIA:
24 That the City Manager is hereby authorized to convey an
25 exchange parcel to Contel of Virginia, Inc., as a part of the
26 consideration for the acquisition of the 1.092 acre parcel from
27 Contel. The said exchange parcel is described as follows:
28 All that certain lot, tract or parcel of land
29 together with improvements thereon belonging,
30 lying, situated and being in the City of
31 Virginia Beach, Virginia and designated and
32 described as: "PARCEL Ell as shown on that
33 certain plat entitled: "RESUBDIVISION OF
34 PROPERTY OF THE CITY OF VIRGINIA BEACH AND
35 SOVRAN BANK, N.A. D.B. 1077 P. 59 AND CLOSED
36 PORTION OF COURTHOUSE DRIVE AND GLEBE ROAD
37 PRINCESS ANNE BOROUGH, VIRGINIA BEACH, VIRGINIA
38 SCALE 111=100111 Date September 14, 1990 and
'19 revised October 11, 1990 and made by Gallup
40 Surveyor & Engineers, LTD. 315 First Colonial
41 Road, Virginia Beach, Virginia 23454.
42 This Ordinance shall be effective from the date of its
43 adoption.
44 Adopted by the Council of the City of Virginia Beach,
45 Virginia, on the 28 day of May 1 1991.
46 Note: Pursuant to V.C.A. 15.1-307 a recorded affirmative vote of
47 three-fourths of all the members elected to Council is required.
48 CA-4265
49 NONCODE\CA-4265.ORD
50 R-1
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JUDICIAL CENTER
C.I.P.#3-977
AGREEMENT OF SALE
THIS AGREEMENT OF SALE ("Agreement") made this day
of April, 1991, by and between CITY OF VIRGINTA BEACH, a munici-
pal corporation of the CoiTiiflonwealth of Virginia ("City") and
CONTEL OF VIRGINIA, INC., a Virgirii-a corporation and successor in
interest to The Princess Anne Telephone Co., Incorporated
("Contel-11).
R F, C I T A L S:
A. Contel is the owner of the real property located in
the City of Virginia Beach, Virginia, and designated as PARCEL
A-1 on a plat of subdivision dated January 16, 1968 and recorded
in the Clerk's Office of the Circuit Court of the City of
Virginia Beach, Virginia ("Clerk's Office") in Map Book 76, at
page 18 ("Property"). '
B. City is the owner of the real property located in
the City of Virginia Beach, Virginia, and designated as PARCEL E
on the plal (-'Plat") entitled "UTILITY EASEMENT & EXCHANGE PLAT"
dated February 9, 1990, revised February 28, 1990, and recorded
in the Clerk's Office in Map Book 201, at page 73 ("Exchange
Parcel").
C. Contel has agreed to convey the Property to City in
excliange for the consideration specified in Paragraph 2 of this
Agreement.
NOW, TliEREFORE, for and i.n consi.deration of the mutual
covenants and conditions contained i.n this Agreement, and the
Recitals which are incorporated into the text of this Agreenient,
Contel and City agree as follows:
1. Conveyance of Property. Pursuant to the terms of
this Agreement, Contel agrees to sell to city, and City agrees to
purchase from Contel, the Property.
2. Consideration for ert In consideration for
the conveyance of the Property froni Contel, Ci-ty agrees as fol-
lows:
(a) At Closing (defined bel.ow) City shall pay to
Contel the sum of Two Hundred Severity Five Thousand Dollars
($275,000) in iminediately available funcis;
(b) At Closing, C!Ly shall convey the Exchange
Parcel to Contel; and
(c) At Closing, City shall convey to Contel an
easement in, under and acrc)ss that area shown as the easterly
boundary of real property now or forinerly owned by City and
bearing GPIN 1494-73-1755, comrnericiiig at the approximate north-
westerly corner of the Property and continuing to the Exchange
Parcel, all as described on the Plat. At Closing, Contel shall
reserve from the conveyance of the Property a perpetual, nonex-
clusive easement in, under and across the entire easterly and
northerly boundaries of the Property, all as described on tile
Plat. The easement so reserved and t@ie easement to be granted by
City as stated in this paragrapti 2(c) are collectively referred
to as the "Easement". The portion of the Easement along the eas-
terly boundary line of the Property shall have a maximum widtli of
38.58 feet and tlle remaining portion of the Easement shall have a
tnaximum width of 10 feet, all as described on the Plat. The
Easeinent shall be for the location, relocation, construction,
reconstruction, aiteration, operation and maintenance of certain
underground cables and related utility facilities of Contel run-
ning to and benefitting Contells use and enjoyment of the
Exchange Parcel- and the parcel currently leased by Contel
descri.bed as PARCEL A-2 as showia on the plat recorded in the
Clerk's Office in Map Book 76, at page 18. Ttie Easement shall be
nonexclusive and the real property which the Easement burdens may
be used by City for parkirig plirpc)ses or other reasonable purposes
not inconsistent with Contells use of the Easement. That portion
of the Easeinent granted by City stiall be evidenced by an appro-
priate deed of easement in forfli and substance reasonably
satisfactory to Contel and sliall- be executed and delivered by
City and recorded in the Clerk's Office. The instruments
creating or reserving ttie Easement shall provide, inter alia, (i)
ttiat Contel- (or its successor iri interest) must give reasonable,
pri.or written nolice to City, by certified mail, return receipt
requested, addressed to such office or person as City sliall
designate, stating the sche(itiled tinie for any work on the under-
ground cables or related utility facilities within the Easement
wliich will disturb the ground or jinproveinents within the area
sut)ject to the Easement, and (i:i) that after cc)nlpletion of any
such work on the underground cal-).]-es or related utility facilities
within the Easement area, Contel (or its successors in interest)
shall restore the ground or iint)rover(ients witliin the Easeiiient area
to substantially ttle saine condiliori existing prior to any such
work, reasonable wear and tear excepted.
3. Conveyance of Title. Contel shall convey and
transfer to C ty, and City sh.11 onvey and transfer to Contel,
by special warranty deeds, good, indefeasible and marketable
title to the Property and tiie Exchange Parcel, respectively, sub-
ject only to tliose instruinents of record which do not adversely
affect City's or Contel-'s iritended use of the Property or
Excfiange Parcel, respectively, atid those conteniplated under this
Agreeinent (including the F@'asenielit). Such title will enable
Lawyers Title insurance Company (or another title insurance com-
pariy) to issue to Contel and City its full coverage ALTA owner's
title insurance policies (Foriii B, arnended 1970) insuring fee
title to the Property and the Exchange Parcel and all easements
2 -
and appurtenances benefiting such properties, without exception
as to survey or mechanic's or similar liens, free and clear of
any and al.1 mortgages and encumbrances. Contel and City shall
each cause a title examination to be made of the property which
it is acquiring and each niust gi.ve notice to the other of any
defects in title not waived by it. If Contel or City gives to
the other party notice of any title defects in the property whicli
it is acquiring, the other party, acting in good faith, shall
have the option, but not the obligation, to cure such defects,
and those arising after the date of sucli notice, to the acquiring
party's satisfaction. In the event the selling party cannot or
elects not to cure such defects in good faith, the acquiring
party may, as its sole remedy, either (a) terminate this
Agreement; or (b) accept the property to be acquired with the
title defects. Upon any termination of this Agreement, City or
Contel may pursue condemnation proceedings subject to the pro-
visions of applicable Virginia law.
4. Risk of Loss. All risk of loss by fire or other
casualty until t e Ciosing Date shali be Contells for the
Property and City's for the Exchange Parcel. Except as otherwise
provided in this Agreement, the Property and the Exchange Parcel
are conveyed in an "as is" physical condition.
5. Documents and other Requirements at or Prior to
Closing. Con el shall execute, eliver or provide to City for
the Property and City shall execute, deliver or provide to Contel
for the Exchange Parcel, the following in form and substance rea-
sonably acceptable to the acquiring party on or before the
Closing Date:
(a) The deed satisfying requirements of Paragraph
3;
(b) Such affidavits as Contells or City's title
insurance company shall reasonably require in order to omit from
its title insurance policy exceptions for unfiled mechanics' or
materialmen's liens or judgments or bankruptcies;
(c) A duly executed resolution by the Board of
Directors or other authority of Contel and City Council of City
ratifying and accepting this Agreemezit;
(d) A duly executed affidavit establishing that
Contel or City is not a "foreign person" within the nieaning of
the Foreign Investment in Property Tax Act for 1980, as amended;
(e) City, at its expense, shall deliver for recor-
dation a subdivision plat ("Stil)(Ii.v@siori plat,,) creating and
sliowirig the Exchaiige Parcel. @ill(I Llie dedicati,ori of North
Courthouse Loop, all as are jiow stic)wn orl tlie Plat. The
Subdivision Plat shall be satisfactory in form and content to
- 3 -
Contel and tlie description in tlie deed of the Exchange Parcel
from City to Contel shall be niade with reference to the
Subdivision Plat.
(f) Such other certificates or documents as coun-
sel for Contel or ci.ty shall reasonably require or as are
contemplated by this Agreement.
6. Contingencies. Contells and City's obligations
under this Agreernent are subject Lo and contingent upon satisfac-
tion of tlae following conditions ori or pri.or to the Closing Date:
(a) Approval of ttle transaction contemplated by
this Agreefnent by City Council of City and the Board of Directors
or other appropriate authority of Contel.
(b) Approval and execution of the Subdivision Plat
by all appropriate governmental authorities and recordation of
the Subdivision Plat in the Clerk's Office.
(c) Release of the lien or encumbrance against the
Exchange Parcel wliich secures certai.n financing obtained by City
in connection with City's Judicial. Center Project and the recor-
dation of an instrument reasoiiably satisfactory to Contel
subordinating such lien or encuftibrance to the Easement and
Contells rights therein, all at no expense to Contel.
(d) City's grant of thal portion of the Easement
specified in paragraph 2(c) shal.L be subject to the requirements
and limitations set forth in Section 15.1-307 of the Code of
Virginia of 1950, as ainended ("Code',). Any required advertise-
ment in such section shall be done at City's expense. In order
to comply with such Code secti.on, City shall notify Contel if
City can only grant that portion of the Easement for 40 years or,
in the alternative, whether City can convey such portion of the
Easement in fee to Contel as part of the Exchange Parcel. City
and Contel agree to work in good faith to accomplish the transac-
tion set forth in this Agreenient within the limitations set forth
in Section 15.1-307 of the Code.
If the contingency in paragraph 6(a) cannot be met prior
to June 1, 1991, or if the contingencies in paragraphs 6(b)
through (d) are not satisfied on or prior to Closing Date, Contel
or City may, acting in good faith, upon notice to the other
party, terminate this Agreement and neither party shall have any
further rights or obligations under this Agreement.
7. Environmental.
(a) Contel, with respect to the Property, and City
with respect to the Exchange Parcel, represent and warrant to
each other that it has not received any notice from any govern-
- 4 -
mental authority or other party that the Property or Exchange
Parcel, respectively, is the subject of any action, investiga-
tion, proceeding, liability or lien (whether actual or
threatened) regarding any violation of any federal, state or
local environmental laws, rules or regulations. Contel and City
shall indemnify and hold each other harmless from and against all
losses or claiins (including attorneys fees) arising from a breach
or inaccuracy of the foregoing representation and warranty.
ic@
(b) Contel and City agree that their respective
obligations under this Agreemerit shall not be contingent upon a
determination that either the Property or the Exchange Parcel
constitute wetlands under applicable law. In the event all or
any portion of the Property or Exchange Parcel is determined to
constitute wetlands, the obligations of Contel and City under
this Agreement shall nevertheless remain in full force and effect
and undiminished by such determination, and Closing shall not be
delayed as a result of any such determination.
,JCL:
8. Exchange Parcel-miscellaneous.
(a) City acknowledges that Contel desires to have
a minimum of two (2) parking spaces within the Exchange Parcel
and that Contel may, if necessary under applicable law, have to
be granted a variance from the City Council of City (after
Closing) to use the Exchange Parcel for an unmanned utility
facility in excess of 400 square feet. city has no knowledge of
any facts or circumstances which would prohibit Contel from
having tlie two (2) parking spaces and variance (if necessary)
approved, issued and/or granted by the appropriate authorities of
City upon proper application by Contel, and compliance with all
applicable City I-aws and procedures.
(b) City, upon reasonable notice from Contel when
Contel desires to use the Exchange Parcel, shall allow Coiitel to
ii)ake appropri.ate curb cuts to the Exchange Parcel off North
CourLhouse Loop, subject to site p]-an approval.
9. Threat of Condemnation. Contel and City agree that
this Agreement is being executed in li.eu of City's condemnation
of the Property which City had tlireatened and was imminent as
evi-denced by City's filing of a petition with the State
Corporation Commission of the Coiiiiiionwealtil of Virginia requesting
permission required under state law to condemn the Property.
City aii(i Conte.1- agree that tliet:e liave been no other promises,
consi-deratioii or representatj-oiis itia@le wliicti are not set forth in
thi.s Agreenient.
10. Closing Date and Costs. The settlement on the
Property and x@change Parcel ("C-I-osi.ng") shall take place within
ninety (90) days from the date of City Council approval of this
Agreenient, or as soon thereafter as ariy'title defects can be cor-
- 5 -
rected and papers prepared (the "Closing Date"), in the offices
of the City Attorney. Possession of the Property and the
Exchange Parcel shall be delivered to City and Contel, respec-
tively, on the closing Date. The following items shall be
apportioned at the closing as of inidiliglit on the day prior to the
J4 Closing Date:
(a) Real or persona-1. property taxes, water and
sewer charges and gas, electricd.ty, telephone and all other util-
ity costs or charges assessed, due or owing.
Contel shall pay the grantor's tax on the deed conveying
the Property and City shall- pay all other Clerk's fees and recor-
dation taxes for the recordation of such deed. City shall pay
the grantor's tax, if any, for the deed to the Exchange Parcel
and Contel shal-I pay all other Clerk's fees and taxes required
for the recordation of the deed for the Exchange Parcel. Except
as otherwise allocated in this Agreement, any fee, cost, charge
or expense incurred by either party in connection with the nego-
tiation, examination and consummation of this Agreement shall be
paid by the party incurring or liable for such fee, cost, charge
or expense.
11. Further Assurances. Each party hereto agrees to
execute and deliver to the other such further documents or
instruments as may be reasonable and necessary to transfer title
to the property which it is conveyiiig.
12. Counterparts. This Agreement may be executed
simultaneously -in counterparts, each of which shall be deemed to
be an original but all of which together shall constitute one and
the same instrument.
13. Entire Agreement. This Agreement constitutes the
entire agreement between the parties and may be modified only by
written instrument signed by all parties hereto. This Agreement
shall be governed by the laws of the Commonwealth of Virginia and
shall be binding on the successors in interest or permitted
assigns of the parties.
14. Notice. Any notice required hereunder shall be
deemed effectfvel-y given when mailed via U.S. Mail, certified
mail, return receipt requested, to the following addresses:
(a) Contel: Marshall B. Pearsall
Contel of Virginia, Inc.
P.O. Box 900
mechanicsville, VA 23111
6
With copy to: Lawrence H. Bryant
Clark & Stant, P.C.
900 one Columbus Center
Virginia Beach, VA 23462
(b) City: William T. Walker
Assistant Real Estate Agent
Operations Building #300
Municipal Center
Virginia Beach, VA 23456
With copy to: William C. Bunch, Jr.
City Attorney's Office
Municipal Center
Virginia Beach, VA 23456
The parties may designate a new address by notice to that effect
given to the other parties.
15. Broker. Contel and City represents to the other
that (a) no realtor, broker, agent or finder, has acted on its
behalf with respect to this Agreeinent or the transactions contem-
plated under this Agreement and (b) no realtor, broker, agent or
finder, is entitled to any fee, commission or other compensation
as a consequence of any agreenient, arrangement or understanding
made by it as to the Property or the Exchange Parcel. only those
representations, warranties and indetpnifications contained in
paragraph 7 of this Agreement shall survive settlement hereunder
and the delivery of the deeds.
16. No PartV Deemed Drafter. The parties hereto agree
that no party or emed to be the drafter of
this Agreement and that, in the event this Agreement is construed
by a court of law, such court shall not construe this Agreement
or any provision of this Agreement against any party as the draf-
ter of this Agreement.
17. Miscellaneous.
(a) Gefitel ----6-nts thmt prup@rly
ents thereon are in compliance with all a le fed-
eral, stat@an vironmer@tal I-aws_.a r inances. if any
noncompliance is found to exis - @l be Contells responsibil-
ity to correct su@ ompliance at its nse to the
satisfactic) e City or tlie City may declare this Agr
TC L- -@,i- -iF no flirt
(h) r it ha-
act to di.sturb ttie environmenta.1- conditio
best of its knowl n@w@@nds or hazardous wastes,
JCL
7
(c) It shall be the responsibility of City to
determine whether or not there are any adverse conditions,
including but not limited to environmental conditions, hazardous
waste conditions, or status as protected wetlands which would
TCL- prevent the City's proposed use of property.
(d) Contel covenants, represents and warrants that
there is no action, suit, proceeding, claim, investigation,
citizen suit or review pending or, to the best of Contells knowl-
edge, threatened against or affecting the title to the Property,
other than the proceeding initiated by City in the State
Corporation Commission. Should any notice of such an action,
suit, proceeding, claim, investigation or citizen suit be
received, it shall be forwarded to the City upon its receipt.
WITNESS the following signatures:
CITY OF VIRGINIA BEACH, a municipal
corporation
By
Title
CONTEL OF VIRGINIA, INC., a Virginia
cor?oiration
y I/
B
lhb/21283/001
ase.c
APPRC)Vri) AS 10 COt4.rE,I'@
,;UFr IJC'(
Cirf ATI(II,@"@'
8
COMMONWEALTH OF VIRGINIA,
0 F to-wit:
The foregoing instrument was acknowledged before me in the
of Virginia, this 30 day of
IGIZ, by as
a
ehalf of the
My commission expires:
COMMONWEALTH OF VIRGINIA,
OF I to-wit:
The foregoing instrument was acknowledged before me in the
of Virginia, this _ day of
19-, by as
of a
on behalf of the
My commission expires:
ota.i
-9-
- 24 -
Item Ill-K.3.
CONSENT AGENDA ITEM # 34468
Upon motion by Counci Iman Heischober, seconded by Vice Mayor Fentress, City
Council ADOPTED:
Ordinance authorizing acquisition of property in
fee simple for right-of-way for North Landing Road
and Salem Road Intersection Improvements; and,
acquisition of temporary and permanent easements of
right-of-way, either by agreement or condemnation
(CIP 2-816).
Votlng: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent
None
AN ORDINANCE TO AUTHORIZE ACQUISITION OF
2 PROPERTY IN FEE SIMPLE FOR RIGHT OF WAY FOR
3 NORTH LANDING ROAD AND SALEM ROAD INTERSECTION
4 IMPROVEMENTS CIP 2-816 AND THE ACQUISITION OF
5 TEMPORARY AND PERMANENT EASEMENTS OF RIGHT OF
6 WAY, EITHER BY AGREEMENT OR CONDEMNATION
7 WHEREAS, in the opinion of the Council of the City of
8 Virginia Beach, Virginia, a public necessity exists for the
9 construction of this important roadway to provide transportation
10 and for other public purposes for the preservation of the safety,
11 health, peace, good order, comfort, convenience, and for the
12 welfare of the people in the City of Virginia Beach:
13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
14 OF VIRGINIA BEACH, VIRGINIA:
15 Section 1. That the City of Virginia Beach is hereby
16 authorized to acquire by purchase or condemnation pursuant to
17 Sections 15.1-236, et seq., 15.1-898, 15.1-899, and Section 33.1-
18 89, et seq. , Code of Virginia of 1950, as amended, all that certain
19 real property in fee simple, including temporary and permanent
20 easements of right of way as shown on the plans entitled "ROAD
21 IMPROVEMENTS INTERSECTION OF SALEM RD. AND NORTH LANDING RD. CIP
22 NO. 2-816,11 these plans being on file in the office of Real Estate
23 Department of Public Works, Virginia Beach, Virginia.
24 Section 2. That the City Manager is hereby authorized
25 to make or cause to be made on behalf of the City of Virginia
26 Beach, to the extent that funds are available, a reasonable offer
27 to the owners or persons having an interest in said lands, if
28 refused, the City Attorney is hereby authorized to institute
29 proceedings to condemn said property.
30 Adopted by the council of the City of Virginia Beach,
31 Virginia, on the 28 day of May 1991.
32 CA-4144
33 NONCODE\CA-4144.ORD
34 R-1 APPROYM AS TO CONTMITS
IGNATURE
DEPAR
APPROVED AS TO LEGAL
r AND FOIIM
s7Z
CITY A
- 25 -
Item Ill-K.4.
CONSENT AGENDA ITEM # 34469
Upon motion by Councilman Heischober, seconded by Vice Mayor Fentress, City
Council ADOPTED:
Ordinance authorizing acquisition of property in
fee simple for right-of-way for Luxford Elemontary
School, school zone caution light project, traffic
control easement; and, acquisition of temporary and
permanent easements of right-of-way, either by
agreement or condemnation (CIP 2-816).
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent
None
1 AN ORDINANCE TO AUTHORIZE ACQUISITION OF
2 PROPERTY IN FEE SIMPLE FOR RIGHT OF WAY FOR
3 LUXFORD ELEMENTARY SCHOOL, SCHOOL ZONE CAUTION
4 LIGHT PROJECT (CIP 2-816) TRAFFIC CONTROL
5 EASEMENT AND THE ACQUISITION OF TEMPORARY AND
6 PERMANENT EASEMENTS OF RIGHT OF WAY, EITHER BY
7 AGREEMENT OR CONDEMNATION
8 WHEREAS, in the opinion of the Council of the City of
9 Virginia Beach, Virginia, a public necessity exists for the
10 construction of a traffic control to provide for the preservation
11 of the safety, health, peace, good order, comfort, convenience,
12 and for the welfare of the people in the City of Virginia Beach:
13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
14 OF VIRGINIA BEACH, VIRGINIA:
15 Section 1. That the City of Virginia Beach is hereby
16 authorized to acquire by purchase or condemnation pursuant to
17 Sections 15.1-236, et seq., 15.1-898, 15.1-899, and Section 33.1-
18 89, et seq., Code of Virginia of 1950, as amended, all that certain
19 real property in fee simple, including temporary and permanent
20 easements of right of way as shown on the plans entitled "LOCATION
21 MAP," these plans being on file in the office of Real Estate
22 Department of Public works, Virginia Beach, Virginia.
23 Section 2. That the City Manager is hereby authorized
24 to make or cause to be made on behalf of the City of Virginia
25 Beach, to the extent that funds are available, a reasonable offer
26 to the owners or persons having an interest in said lands, if
27 refused, the City Attorney is hereby authorized to institute
28 proceedings to condemn said property.
29 Adopted by the council of the City of Virginia Beach,
30 Virginia, on the 28 day of May 1991.
31 CA-4193
32 NONCODE\CA-4193.ORD
33 R-1
@ROVED AS TO CO?,ITDITS
AIIIII
DEPAF@1.14!. NT
A@'rROVED AS T() LECAL
SUFFICI @"D FORM
LOCATION MP
fi,u C..
636
PROWHEAD
POINT
HAY(
p
BEAC
^..d ES
- 26 -
Item Ill-K.5.
CONSENT AGENDA ITEM # 34470
Upon motion by Counci Iman Heischober, seconded by Vice Mayor Fentress, City
Council ADOPTED, upon SECOND READING:
Ordinance to ACCEPT and APPROPRIATE $1,611 Grant
from the Virginla Division of Emergency Medical
Services to the Department of Emergoncy Medical
Services re purchase of laser jet printer.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndort, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Votlng Nay:
None
Council Members Absent
None
I AN ORDINANCE TO ACCEPT AND APPROPRIATE A $1,611 GRANT
2 FROM THE VIRGINIA DIVISION OF EMERGENCY MEDICAL SERVICES
3 TO THE DEPARTMENT OF EMERGENCY MEDICAL SERVICES
4
5
6 WHEREAS, the Department of Emergency Medical Service has identified numerous
7 items of equipment needed for volunteer recruitment and training, and has pursued
8 grant funding for this equipment,
9
10 WHEREAS, a grant in the amount of $1,611 from the Virginia State Division
11 of Emergency Medical Services has been awarded to the Virginia Beach Department of
12 Emergency Medical Services for purchase of a laser jet printer for production of
13 volunteer recruitment and training materials,
14
15 WHEREAS, this grant requires no local match of funds.
16
17 NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
18 VIRGINIA, that a grant in the amount of $1,611 from the Virginia Division of
19 Emergency Medical Services be accepted and appropriated to the Department of
20 Emergency Medical Services, and that Revenue from the Commonwealth for FY 90-91 be
21 increased by $1,611.
22
23 This ordinance shall be effective from the date of its adoption.
24
25 Adopted by the Council of the City of Virginia Beach, Virginia on the 28th
26 day of May, 1991.
27
28 First Reading May 14, 1991
29 Second Reading May 28, 1991
30
31
32 APPROVED AS TO CONTEN@ Budget and Evaluation
33 @er C Department
34
- 27 -
Item Ill-K.6.
CONSENT AGENDA ITEM # 34471
Upon motion by Counci Iman Heischober, seconded by Vice Mayor Fentress, City
Council APPROVED, upon FIRST READING:
Ordinance to ACCEPT and APPROPRIATE $100,266 to the Department of
Mental Health/Mental Retardation/Substance Abuse Services re
substance abuse programming In the Criminal Justice System and
for women and youth.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Helschober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Votlng Nay:
None
Council Members Absent
None
I AN ORDINANCE TO ACCEPT AND APPROPRIATE
2 FUNDS IN THE AMOUNT OF $100,266 TO THE DEPARTMENT OF
3 MENTAL HEALTH/MENTAL RETARDATION/SUBSTANCE ABUSE SERVICES
4 FOR SUBSTANCE ABUSE PROCAMMING IN THE CRIMINAL JUSTTCE
5 SYSTEM AND FOR WOMEN AND YOUTH
6 WHEREAS, The State Department of Mental Health, Mental Retardation, and
7 Substance Abuse Services has notified the Virginia Beach Mental Health/Mental
8 Retardation/Substance Abuse Services Department (MH/MR/SAS) of an additional
9 allocation for the state fiscal year 1992;
10 WHEREAS, this additional allocation is $100,266 in block grant funds
11 from the federal Alcohol, Drug Abuse and Mental Health Administration to support
12 new program development and expansion;
13 WHEREAS, this program and development and expansion is targeted for
14 women who are of childbearing age, are pregnant, or have children, and for youth
15 in the juvenile justice system, and for adults in the criminal justice system;
16 WHEREAS, MH/MR/SAS has proposed to use this allocation for services
17 beginning on July 1, 1991 for women, adults in the criminal justice system, and
18 youth involved with the criminal justice system through activities in the jail
19 and the fourth precinct;
20 WHEREAS, these funds will be used to implement the activities decribed
21 above and provide an additional 3.0 FTE's in FY 91-92;
22 WHEREAS, there is no match required by the block grant allocation
23 services and no additional city funds are required.
24 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
25 VIRGINIA BEACH, VIRCINIA:
26 That the additional block grant allocation in the amount of $100,266
27 from the State Department of Mental Health, Mental Retardation, and Substance
28 Abuse Services be accepted and appropriated to the Grants Consolidated Fund for
29 FY 91-92 and that the activities described above and three full time additional
30 positions be authorized only for the duration of the grant;
31 BE IT FURTHER ORDAINED:
32 That revenue from the Commonwealth be increased by $100,266.
33 This ordinance shall be in effect from the date of its adoption.
34 Adopted by the Council of the City of Virginia Beach, Virginia on the
35 day of 1991.
36 First Reading May 28,1991
37 Second Reading
- 28 -
Item III-K.7.
CONSENT AGENDA ITEM # 34472
Arthur Shaw, City Engineer, advised there was approximately $1-MILLION in
unexpended funds in Project 2-901 Holland Road - Phase IV. The City Staff, as
per request of Councilwoman Parker, will advise the amount of funds remaining
in completed CIP Projects.
Upon motion by Councilman Heischober, seconded by Vice Mayor Fentress, City
Council ADOPTED:
Ordinances re Centerville Turnpike - Phase IA (CIP 2-810):
TRANSFER $200,000 for engineering, utility relocations,
site acquisition and staff support costs.
Authorize acquisition of property in fee simple for
right-of-way; and, acquisition of temporary and
permanent easements of right-of-way, either by agreement
or condemnation.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent
None
1 AN ORDINANCE TO TRANSFER FUNDS OF $200,000 TO
2 PROJECT 2-810 CENTERVILLE TURNPIKE-PHASE IA
3 FOR ENGINEERING, UTILITY RELOCATIONS,
4 SITE ACQUISITION, AND STAFF SUPPORT COSTS
5 WHEREAS, the Capital Improvement Program includes Project 2-810
6 Centerville Turnpike-Phase IA for construction of two lanes of an ultimate four
7 lane divided highway along a new alignment between Brandon Boulevard and Indian
8 River Road;
9 WHEREAS, funding appropriated in FY 1990-91 is insufficient to complete
10 plans and engineering, Virginia Power relocations, site acquisition, and to
11 provide staffing costs in accordance with the approved CIP schedule;
12 WHEREAS, the additional $200,000 needed for the project may be
13 transferred from Project 2-901 Holland Road-Phase IV since the project Ls
14 completed and has excess funds which may be transferred to project 2-810;
15 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
16 VIRGINIA BEACH, VIRGINIA:
17 That funds in the amount of $200,000 is transferred from Project 2-901
18 Holland Road-Phase IV to Project 2-810 Centerville Turnpike-Phase IA to provide
19 sufficient funding for engineering, utility relocation, site acquisition and
20 staff support costs.
21 This ordinahce shall be effective on the date of its adoption.
22 Adopted by the Council of the City of Virginia Beach, Virginia on the
23 28 day of May 1991.
AN ORDINANCE TO AUTHORIZE ACQUISITION OF
PROPERTY IN FEE SIMPLE FOR RIGHT OF WAY FOR
3 CENTERVILLE TURNPIKE PHASE IA C.I.P. NO. 2-
4 810 SCALE 111=1600' AND THE ACQUISITION OF
5 TEMPORARY AND PERMANENT EASEMENTS OF RIGHT OF
6 WAY, EITHER BY AGREEMENT OR CONDEMNATION
7 WHEREAS, in the opinion of the Council of the City of
8 Virginia Beach, Virginia, a public necessity exists for the
9 construction of this important roadway to provide transportation
10 and for other public purposes for the preservation of the safety,
11 health, peace, good order, comfort, convenience, and for the
12 welfare of the people in the City of Virginia Beach:
13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
14 OF VIRGINIA BEACH, VIRGINIA:
15 Section 1. That the City of Virginia Beach is hereby
16 authorized to acquire by purchase or condemnation pursuant to
17 Sections 15.1-236, et seq., 15.1-898, 15.1-899, and Section 33;1-
18 89, et seq. , Code of Virginia of 1950, as amended, all that certain
19 real property in fee simple, including temporary and permanent
20 easements of right of way as shown on the plans entitled
21 "CENTERVILLE TURNPIKE PHASE IA C.I.P. NO. 2-81011 these plans being
22 on file in the Office of Real Estate Department of Public Works,
23 Virginia Beach, Virginia.
24 Section 2. That the City Manager is hereby authorized
25 to make or cause to be made on behalf of the City of Virginia
26 Beach, to the extent that funds are available, a reasonable offer
27 to the owners or persons having an interest in said lands, if
28 refused, the City Attorney is hereby authorized to institute
29 proceedings to condemn said property.
30 Adopted by the council of the City of Virginia Beach,
31 Virginia, on the 28 day f May 1991.
32 CA-4271
33 NONCODE\CA4271.ORD
34 R-1 @OVED AS TO CONTENTS
SIGNATURE
DEPAR
APPROVED AS TO LEGAL
SUFFICIIWCY AND FORM
CITY ATTOMM
CE
- 29 -
Item Ill-K.8.
GONSENT AGENDA ITEM # 34473
Upon mot I on by Counc i I man He i schober, seconded by V I ce Mayor Fentress, C I ty
Council ADOPTED:
Ordinances re Ferrell Parkway - Phases V and V-A:
TRANSFER $100,000 to coordinate water line
instal lation with accelerated construction of
related roadway project (CIP 5-062).
Authorize acquisition of property In fee simple for
right-of-way; and, acquisitlon of temporary and
permanent easements of right-of-way, either by
agreement or condemnation (CIP 2-096).
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent
None
I AN ORDINANCE TO TRANSFER FUNDS OF $100,000 TO
2 PROJECT 5-06" FERRELL PARKWAY-PHASE V TO COORDINATE
3 WATER LTNE INSTALLATTON WITH THE ACCELERATED
4 CONSTRUCTION OF THE RELATED ROADWAY PROJECT
5 WHEREAS, the Capital Tmprovement Program includes Project 5-062 Ferrell
6 Parkway-Phase V for installation of a water line along the proposed Ferrell
7 Parkway to be coordinated with the construction of the highway project;
8 WHEREAS, the highway construction has been accelerated to provide access
9 to the proposed Community Recreation Center-Southeast and Fire/Rescue Station-
10 General Booth;
11 WHEREAS, to coordinate the installation of the water line with the
12 roadway project and to prevent higher overall project costs at some future date,
13 it is necessary to advance construction funds in the amount of $100,000;
14 WHEREAS, the amount needed may be transferred from water project 5-996
15 Dam Neck Road-Phase I with the funds made available due to a favorable bidding
16 climate.
17 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
18 VIRGINIA BEACH, VIRGINIA:
19 That funds in the amount of $100,000 is transferred from Project 5-996
20 Dam Neck Road-Phase I to Project 5-062 Ferrell Parkway-Phase V to coordinate
21 water line installation with the accelerated roadway construction.
22 This ordinance shall be effective on the date of its adoption.
23 Adopted by the Council of the CLty of Virginia Beach, Virginia on the
24 28 day of May 1 1991.
I AN ORDINANCE TO AUTHORIZE ACQUISITION OF
2 PROPERTY IN FEE SIMPLE FOR RIGHT OF WAY FOR
3 FERRELL PARKWAY PHASE V AND V-A CIP 2-096 AND
4 THE ACQUISITION OF TEMPORARY AND PERMANENT
5 EASEMENTS OF RIGHT OF WAY, EITHER BY AGREEMENT
6 OR CONDEMNATION
7 WHEREAS, in the opinion of the Council of the City of
8 Virginia Beach, Virginia, a public necessity exists for the
9 construction of this important roadway to provide transportation
10 and for other public purposes for the preservation of the safety,
11 health, peace, good order, comfort, convenience, and for the
12 welfare of the people in the City of Virginia Beach:
13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
14 OF VIRGINIA BEACH, VIRGINIA:
15 Section 1. That the City of Virginia Beach is hereby
16 authorized to acquire by purchase or condemnation pursuant to
17 Sections 15.1-236, et seq., 15.1-898, 15.1-899, and Section 33.1-
18 89, et seg., Code of Virginia of 1950, as amended, all that certain
19 real property in fee simple, including temporary and permanent
20 easements of right of way as shown on the location map entitied
21 "FERRELL PARKWAY PHASE V & V-A C.I.P. NO. 2-096," this location map
22 being on file in the Office of Real Estate Department of Public
23 Works, Virginia Beach, Virginia.
24 Section 2. That the City Manager is hereby authorized
25 to make or cause to be made on behalf of the City of Virginia
26 Beach, to the extent that funds are available, a reasonable offer
27 to the owners or persons having an interest in said lands, if
28 refused, the City Attorney is hereby authorized to institute
29 proceedings to condemn said property.
30 Adopted by the council of the city of Virginia Beach,
31 Virginia, on the 28 day of May 1991.
32 CA-4267
33 NONCODE\CA-4a67.ORD
34 R-1 AS TO CONTENTS
SIGNATO@
DEPARTMENT
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
CITY ATTORNKY
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- 30 -
Item Ill-K.9.
CONSE14T Ar7ENDA ITEM # 34474
Upon motion by Councilman Helschober, seconded by Vice Mayor Fentress, City
Council ADOPTED:
Ordinance to TRANSFER $5,419,097 between school
projects to purchase an additional school site and
accelerate openings of an elementary and high
school.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent
None
1 AN ORDINANCE TO TRANSFER FUNDS IN THE AMOUNT OF
2 $5,419,097 BETWEEN SCHOOL PROJECTS TO PURCHASE
3 AN ADDITIONAL SCHOOL SITE AND TO ACCELERATE
4 OPENINGS OF AN ELEMENTARY AND A HIGH SCHOOL
5 WHEREAS, the School Board has concentrated its focus on the growth of
6 certain areas within the city to best determine the facility and construction
7 needs for Virginia Beach, particularly in the General Booth corridor;
8 WHEREAS, subsequent to continued concerns expressed by Council members,
9 the School Board approved the Superintendent's recommendation to utilize unused
10 project funds to purchase an additional school site and to accelerate openings
11 of an elementary and a high school;
12 WHEREAS, since the transfers involve referenda funds, the City has
13 discussed the matter with bond counsel who has opined that the transfers are
14 allowable and are in accordance with the intended purpose of the referenda;
15 WHEREAS, the Superintendent of Virginia Beach Public Schools has stated
16 that the $5,419,097 of referenda funds to be transferred will not be needed to
17 complete the referenda projects.
18 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
19 VIRGINIA BEACH, VIRGINIA:
20 That funds in the amount of $5,419,097 are transferred as shown below to
21 accelerate openings of an elementary and a high school and to purchase an
22 additional school site.
23 Transfer From:
24 Project 1-969 Tallwood Elementary School $1,205,268
25 Project 1-987 Glenwood Elementary School 1,904,419
26 Project 1-011 Strawbridge Elementary School 1,483,858
27 Project 1-026 Elementary School Gymnasium Additions -825,552
28 Total Transfer From $5 419 097
29 Transfer To:
30 Project 1-006 Various Schools Site Acquisition $2,250,000
31 Project 1-010 Ocean Lakes High School 2,319,097
32 Project 1-980 Corporate Landing Elementary School 850,000
33 Total Transfer To $5 419 097
34 This ordinance shall be effective on the date of its adoption.
35 Adopted by the Council of the City of Virginia Beach, Virginia on the
36 28 day of May 1991.
,cts,r, AS fC)
SIC-@4ATURE
/',@S TO LE@GAL
su WA
CITY ATTORNEY
- 31 -
Item Ill-K.10-
CONSENT AGENDA ITEM # 34475
Upon motion by Councilman Heischober, !seconded by Vice Mayor Fentress, City
Council ADOPTED:
Ordinance to TRANSFER $85,256 to Kline Farm SewOr
(Kllne Farm Subdivision, Lynnhaven Borough) to fund
the City's share of a Cost Participation Agreement
(CIP 6-038).
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent
None
I AN ORDINANCE TO TRANSFER FUNDS IN THE AMOUNT OF
2 $85,256 TO PROJECT 6-038 KLINE FARM SEWER TO COVER
3 THE CITY'S SHARE OF A COST PARTICIPATION AGREEMENT
4 WHEREAS, Baymark Construction Co., hereinafter referred to as "Owner,"
5 is desirous of improving certain property in the Kline Farm Subdivision in the
6 Lynnhaven Borough in accordance with the terms and conditions of the City
7 ordinances;
8 WHEREAS, in order for the Owner to provide sewer service to the project
9 area, it is necessary for Owner to construct certain sewer facilities;
10 WHEREAS, the City has requested that such construction be greater in
11 scope than is necessary to provide service to customers other than those within
12 the project limits and to prevent the City from incurring additional costs at a
13 later date;
14 WHEREAS, the City desires to enter into a cost participation agreement
15 with the City's share of costs at $85,255.52;
16 WHEREAS, funding for the City's cost is available from Project 6-018
17 Various Sewer Projects-Phase II but the size of the project warrants the
18 establishment of a separate project account and the transfer of funds from
19 Project 6-018 to Project 6-038 Kline Farm Sewer.
20 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
21 VIRGINIA BEACH, VIRGINIA:
22 That funds in the amount of $85,256 are transferred from Project 6-018
23 Various Sewer Projects-Phase II to Project 6-038 Kline Farm Sewer to fund the
24 City's share of a cost participation agreement.
25 This ordinance shall be effective on the date of its adoption.
26 Adopted by the Council of the City of Virginia Beac NTE@ITS
27 28 day of may 1991.
i r
AP'OPOVF,D Ai TO T[GAL
SUFF]Tlri,4CY At,,D FO
- - - - - - - - - - - - - -
- - - - - - - - - - - - - - -
- - - - - - - - - - - - - - - - - - -
- - - - - - - -- - - - - -
;reat Neck Par
PROJECT AREA
zi
I
BENEFIT ARt-:'A
DREWS Pt
Ct..
ST., EXHIBIT SHOI 0
KLINE FARM PROJE(
AND OFF-SITE BENEFIT AF
A FOR
94
SEWER COST PARTICIPA ON
H4-12 3/25/91
KLINE FARM SUBDIVISION
SEWER COST PARTICIPATION AGREEMENT
H 4-12
Sewer
Cost per agreement $85,255.52
Assumptions:
Current annual operating and maintenance costs
for a sewerage pumping station $10,000.00
Anticipated increase in operating and maintenance
expenses annually - 5%
Opportunity value of money for analysis - 8%
City has avoided the operating and maintenance costs for two pumping stations by
participating in the deepening of the Kline Farm Subdivision pump station and
some associated gravitv mains.
Service life of pumping station (for analysis) - 30 years
Analysis:
G-iven tbe assumptions made above, the present value of the operating and
maintenance cost for a single pump station is $231,081.25 if it is built five
years from now.
Savinjzs:
Total avoided cost $ 231,081.25
Actual cost per agreement 85,255,52
Net Savings to City $ 145,825.73
M :mc
4Zt7/91
f
it
4't
'ki lk47ER-OFF[CF CORRESPONVENCE
DATE: APR. 24, 1991
AUBREY V. WATTS, JR.
TO: CITY 14ANAGER DEPARTMENT: EXECUTIVE
FROM: CLARENCE WAPNSTAFT DEPARTMENT: PUBLIC UTILITIES
SUBJEGT: KLINE FAPM SUBDIV Ii 4-12
ISSUE: A cost participation agreement with Baymark Construction Company for
oversizing the sewer system to provide sewer service to adjacent areas.
RECOMMENDATION: Approval
DISCUSSION: The developer agreed to oversize the pump station and increase
the depth of the gravity sewer line to serve the adjacent areas. This
included changing pipe material from PVC to ductile iron, providing
additional sewer and stubs to accommodate future connections, as requested
by the City.
The alternative to participating in this project is to construct a new pump
station, force main, and gravity sewer system in the future under city CIP
project.
With City Participation Without City Participation
$ 85,255.52 $ 231,081.25
Existing land use and projected sewage flows are consistent with current
City Comprehensive Plan and existing zoning of both the service and offsite
benefit areas.
As the most economical solution, the staff recommends acceptance of this
cost participation agreement.
Funds are available from CIP 6-018, Various Sewer Projects.
The Agenda Request includes the following:
1. Three originals of the Agreement between the City of Virginia Beach and
Baymark Construction Company.
2. Exhibit showing project area and offsite benefit area.
3. Cost benefit analysis.
lie
Attachments
CITY OF VIRGINIA BEACH
DEPARTMENT OF PUBLIC UTILITIES
COST PARTICIPATION AGREEMENT (SEWER)
THIS AGREEMENT, Made this _ day of _, 1991, by and between Baymark Construction Co.
hereinafter refeff ed to as "Ownee', and the CITY OF VIRGINIA BEACH, VIRGINIA, hereinafter referred to as
the 'City'.
WHEREAS, Owner is seized In fee simple of Kline Farm Subdivision, Virginia Beach, Virginia; and
WHEREAS, Owner is desirous of improving the Project In accordance with the terms and conditions
of the City ordinances and agrees to conform to said ordinances; and
WHEREAS, In order for Owner to provide sewer service to this Project, it is necessary for Owner to
construct certain sewer facilities; and
WHEREAS, the City has requested that such construction be greater In scope than is necessary to
provide service to this Project; and
WHEREAS, such construction is of value to the City in providing service to customers other than
those within the Project limits;
NOW, THEREFORE, In consideration of the mutual promises and benefits accruing hereto, the parties
agree that:
1. Owner shall construct a sewer system (hereinafter the 'System") according to plans and
specifications approved by the Department of Public Utilities, a copy of which is on file with the
Department.
2. The City shall make cash payment to Owner in the amount of $ Eighty-Five Thousand Two
Hundred Fifty-Five Dollars and Fifty-Two Cents ($85,255.52) after successful completion of the System and
acceptance thereof by the City in accordance with approved plans.
3. The City shall have the right at any time to make, connect, or permit the connection of any
other sewer facility to the System. Any such connection may be at any point, and the City shall have the
right at any time to use the System to serve persons within and without the Project limfts.
1
4. Upon successful completion of the System and acceptance thereof by the City, Owner hereby
agrees that the System, including but not limited to sewer connections, sewer mains, laterals, pipes, and
all other facilities, shall be deemed dedicated to the City of Virginia Beach as of the date of the City's
written acceptance thereof.
S. Owner shall indemnify and hold the City harmless from any and all liability of whatever nature
arising out of the design, approval, construction and/or installation of the System providing that any such
liability does not arise out of the City's negligence. In the event any claim is made against the City, either
independently or jointly with Owner, lessee, or purchaser on account hereof, the Owner at its sole cost shall
defend the City against such claims.
6. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their
respective heirs, successors and assigns.
7. Upon execution of this Agreement, it shall be recorded by the City in the Clerk's Office of the
Circuit Court of the City of Virginia Beach, at Owner's expense.
IN WITNESS WHEREOF, the parties hereto have executed and sealed this Agreement as of the day
and year first above written.
CITY OF VIRGINIA BEACH, VIRGINIA
DATE
ATTEST:
,(SEAL)
City Clerk
BY@ Oresident
DATE
ATTEST:
CEi' l IFIED AS YO AVAILABILI'r'Y Of FUNDS
(SEAL)
Secretary
i5ty of Virgin@ Beach, V..-A-,sistant City
2 Mnager fo@ Ad.inistration
APPROVED AS TO CONTENTS:
D.p.,t...t f @ii. Ut-,Iiti
APPROVED AS TO FORM:
.ty Att.,..y. Off...
CERTIFIED AS TO AVAILABILITY OF FUNDS:
-Palt-..t f Fi...c.
STATE OF
CITY OF
1, 0.5 -te a Notary Public in and for the City and State aforesaid, do hereby certify
that .4 -1 and I P. W4 I r I President and Secretary,
respectively, of whose names are signed to the writing above, bearing
date of have acknowledged the same before me in my City and State aforesaid.
Given under my hand this @ day of 1991.
MY Commission Expires
Notary Public
3
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me by AubreyV. Watts, Jr., City Manager of the
City of Virginia Beach, this _ day of 1991.
Notary Public
My Commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me by Ruth Hodges, City Clerk of the City of
Virginia Beach, this - day of 1991.
Notary Public
My Commission Expires:
4
- 32 -
Item Ill-K.11.
CONSENT AGENDA ITEM # 34476
Upon motion by Counci Iman Heischober, seconded by Vice Mayor Fentress, City
Council ADOPTED:
Ordinance to authorize a temporary encroachment
Into a portion of the City's property at Lobaugh
Drive and Kempsville Road to Kentpsville Recreation
Association (KEMPSVILLE BOROUGH) for an
Identification sign.
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. Prior to any constructlon, the owner or his agent
shall obtain a permit from the Department of
Permits and Inspections.
Councilwoman McCianan requested the City Staff recommend monument type signs
rather than the "polell type.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent
None
1 AN ORDINANCE TO AUTHORIZE
2 A TEMPORARY ENCROACHMENT
3 INTO A PORTION OF CITY
4 PROPERTY LOCATED AT
5 LOBAUGH DRIVE AND
6 KEMPSVILLE ROAD TO
7 KEMPSVILLE RECREATION
8 ASSOCIATION, ITS ASSIGNS
9 AND SUCCESSORS IN TITLE
10 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
11 BEACH, VIRGINIA:
12 That pursuant to the authority and to the extent thereof
13 contained in Section 15.1-893, Code of Virginia, 1950, as amended,
14 Kempsville Recreation Association, its assigns and successors in
15 title are authorized to construct and maintain a temporary
16 encroachment into City property located at Lobaugh Drive and
17 Kempsville Road.
18 That the temporary encroachment herein authorized is for
19 the purpose of constructing and maintaining a sign and that said
20 encroachment shall be constructed and maintained in accordance with
21 the City of Virginia Beach Public Works Department's specifications
22 as to size, alignment and location, and further that such temporary
23 encroachment is more particularly described as follows:
24 An area of encroachment into a
25 portion of the City's property
26 located at Lobaugh Drive and
27 Kempsville Road, on the certain plat
28 entitled: "PROPOSED SIGN -
29 KEMPSVILLE RECREATION ASSOCIATION,"
30 a copy of which is on file in the
31 Department of Public Works and to
32 which reference is made for a more
33 particular description.
34 PROVIDED, HOWEVER, that the temporary encroachment herein
35 authorized shall terminate upon notice by the City of Virginia
36 Beach to aiiy officer of Kempsville Recreation Association, its
37 assigns and successors in title and that within thirty (30) days
38 after such notice is given, said encroachment shall be removed from
39 the City's property located at Lobaugh Drive and Kempsville Road
40 and that Kempsville Recreation Association, its assigns and
41 successors in title shall bear all costs and expenses of such removal.
4 'L AND, PROVIDED FURTHER, that it is expressly understood
43 and agreed that Kempsville Recreation Association, its assigns and
44 successors in title shall indemnify and hold harmless the City of
45 Virginia Beach, its agents and employees from and against all
46 claims, damages, losses and expenses including reasonable
47 attorney's fees in case it shall be necessary to file or defend an
48 action arising out of the location or existence of such
49 encroachment.
50 AND, PROVIDED FURTHER, that the party of the second part
51 agrees to maintain said encroachment so as not to become unsightly
52 or a hazard.
53 AND, PROVIDED FURTHER, that prior to any construction
54 within the existing public property, the owner or his agent shall
55 obtain a permit from the Department of Permits and Inspections.
56 AND, PROVIDED FURTHER, that the encroaching sign shall
57 not exceed thirty-two (32) square feet per face, shall not exceed
58 two (2) faces, shall not exceed twelve (12) feet above the natural
59 grade at the curb, and landscaping be approved by the Landscape
60 Services Division of the Department of General Services.
61 AND, PROVIDED FURTHER, that this ordinance shall not be
62 in effect until such time that an officer of Kempsville Recreation
63 Association executes an agreement with the City of Virginia Beach
64 encompassing the aforementioned provisions.
65 Adopted by the Council of the City of Virginia Beach,
66 Virginia, on the 28 day of may 1991
,,j C@
(AF,,FRDVLD A,'
@IGNAU7,@@
DFPARIMFI @'T
APPROVED AS TO
LEGAL SUFFICIC-NCY
2
THIS AGREEMENT, made this day of-
19@, by and between the CLTY OF VIRGINIA BEACH, VIRGINIA, a
municipal corporation, party of the first part, hereinafter
referred to as grantor, and KEMPSVILLE RECREATION ASSOCIATION ITS
ASSIGNS AND SUCCESSORS IN TITLE, party of the second part,
hereinafter referred to as grantee.
W I T N E S S E T H:
That, WHEREAS, it is proposed by the grantee to
construct and maintain a sign in the City of Virginia Beach; and
WHEREAS, in constructing and maintaining such sign, it
is necessary that the said grantee encroach into a portion of
existing City property located at the corner of Lobaugh Drive and
Kempsville Road; and said grantee has requested that the grantor
grant a temporary encroachment to facilitate such sign within a
portion of the City's property located at the corner of Lobaugh
Drive and Kempsville Road.
NOW, THEREFORE, for and in consideration of the
premises and of the benefits accruing or to accrue to the grantee
and for the further consideration of One Dollar ($1.00), in hand
paid, to the said grantor, receipt of which is hereby
acknowledged, the grantor doth grant to the grantee a temporary
encroachment to use a portion of the City's property located at
the corner of Lobaugh Drive and Kempsville Road for the purpose
of constructing and maintaining such sign.
It is expressly understood and agreed that such
temporary encroachment will be constructed and maintained in
accordance with the laws of the Commonwealth of Virginia and the
City of Virginia Beach, and in accordance with the City of
Virginia Beach Public Works Department's specifications and
approval as to size, alignment and location and is more
particularly described as follows, to wit:
An area of encroacriment into a portion of
the City's property located at the corner of
Lobaugh Drive and Kempsville Road as shown
on that certain plat entitled: "PROPOSED
SIGN - KEMPSVILLE RECREATION ASSOCIATION," a
copy of whicti is attached hereto as Exhibit
"All 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 grantee, and that
within thirty (30) days after such notice is given, such
temporary encroachment shall be removed from the City's property
located at the corner of Lobaugh Drive and Kempsville Road by the
grantee; and that the grantee shall bear all costs and expenses
of such removal.
It is further expressly understood and agreed that the
grantee 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 ot any encroachment other than that specified herein
2
and to the limited extent specified herein, nor to permit the
maintenance and construction of any encroachment by anyone other
than the grantee.
It is further expressly understood and agreed that the
grantee agrees to maintain said encroachment so as not to become
unsightly or a hazard.
It is further expressly understood and agreed that the
grantee must obtain a permit from the Department of Permits and
Inspections prior to commencing any construction within the City's
property.
It is further expressly understood and agreed that the
encroaching sign shall not exceed thirty-two (32) square feet per
face, shall not exceed two (2) faces, shall not exceed twelve (12)
feet above the natural grade at the curb, and landscaping shall be
approved by the Landscape Services Division of the Department of
General Services.
It is further expressly understood and agreed that the
grantor, upon revocation of such authority and permission so
granted, may remove any such encroachment and charge the cost
thereof to the grantee, and collect the cost in any manner provided
by law for the collection of local or state taxes; many require the
grantee to remove such a temporary encroachment; and pending such
removal, the grantor may charge the grantee compensation for the
use of such portion of the City's property encroached upon the
equivalent of what whould be the real property tax upon the land
so occupied if it were owned by the grantee;
3
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 therafter, and
shall collect such compensation and penalties in any manner
provided by law for collection of local or state taxes.
IN WITNESS WHEREOF, Kempsville Recreation Association has
caused this Agreement to be executed by Warren E. Sachs, 1st vice
President of said association with due authority to bind said
association. Further, that the City of Virginia Beach has caused
this Agreement to be executed in its name and on its behalf by its
City Manager and its seal be hereunto affixed and attested by its
City Clerk.
CITY OF VIRGINIA BEACH
By
City Manager
(SEAL)
Attest:
City Clerk
4
APPRQVED AS TO @ONTENT
KEMPSVILLt,@' RECREATION
is A
DEPARTMENT
Pit'r'reti @sachs, 1st Vice
Presid(iiit
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
WARREN E. SACHS, whose name is signed to the foregoing writing,
bearing date the 12@ day of 1--e 19jj, has
acknowledged the same before me in my City and State aforesaid.
Given under my hand this day of
t-14 @,V 1991/
My Commission Expires: @tary Public
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:
6
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, a Notary Public
in and for the city and State aforesaid, do hereby certify that
RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH,
whose name is signed to the foregoing Agreement bearing date on
the day of I 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:
7
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- 33 -
Item Ill-K.12.
CONSENT AGENDA ITEM # 34477
Upon motion by Counci Iman Heischober, seconded by Vice Mayor Fentress, City
Council APPROVED:
LOW BID:
CONTRACTORS PAVING 1990-91 BITUMINIOUS CONCRETE $522,387.50
COWANY, INC. MAINTENANCE - UTILITY SCHEDULE
CONTRACT IV
Votlng: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent
None
- 34 -
Item Ill-K.13.
CONSENT AGENDA ITEM # 34478
Upon motion by Counci Iman Heischober, seconded by Vice Mayor Fentress, City
Council APPROVED:
Ordinance authorizing Tax Refunds In the amount of
$5,583.52 upon appl ication of certain persons and
upon certification of the City Treasurer for
Payment.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McC]anan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent
None
RM NO. C.A. 7 5/10/91@ EPIC
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for tax refunds upon certification of the Treasurer are hereby approved:
NAME Tax Type Ticket Exonera- Date Penalty I nt. Total
Year of Tax Number tion No. Paid
R G Moore Building 87 RE(1/2) 72032-7 12/5/86 47.04
R G Moore Building 87 RE(2/2) 72032-7 6/5/87 47.04
R G Moore Building 88 RE(1/2) 74749-6 12/5/87 98.84
R G Moore Building 88 RE(2/2) 74749-6 11/2/88 103.72
R G Moore Building 89 RE(1/2) 77550-6 12/5/88 134.72
R G Moore Building 89 RE(2/2) 77550-6 5/6/89 134.72
R G Moore Building 9(), RE(1/2) 78310-2 12/5/89 191.49
R G Moore Building 90 RE(2/2) 78310-2 5/6/90 191.49
House Boat Sales Inc 91 RE(1/2) 53300-6 12/5/90 423.34
Virginia Beach Federal 91 RE(1/2) 113058-2 12/3/90 286.38
Ameribanc Savings Bank 91 RE(1/2) 46587-4 11/26/90 483.26
Ameribanc Savings Bank 91 PE(1/2) 46510-6 11/26/90 634.47
Hall Tidewater Ltd Partnership 91 RE(1/2) 46586-5 12/4/90 371.89
Betty B Herrman 91 RE(1/2) 50598-3 11/26/90, 115.36
Little Piney Crove Baptist Ch 91 RE(1/2) 67688-8 3/14/91 90.20
Virginia Beach Federal Bank 91 RF(112) 87851-7 12/3/90 966.80
John R. & Barbara Randolph 91 RE(1/2) 93348-6 12/5/90 28.28
Suburban Grading & Utilities 91 RE(1/2) 111136-2 12/5/90 12.6,7
Roy @l !,Iood 91 RE(1/2) 126329-7 11/14/90 167.45
Viaie R Riel.ijivi,d et al@ 9i @55@- - t 2/' 9@' 98 787. @6
Lemuel J Harris 91 RE(1/2) 48121-3 10/25/90 163.59
Virginia Beach Federal 91 RE(1/2) 95612-0 12/3/90 830.02
Linda W Drucker et al 91 RE(1/2) 31386-9 11/27/90 49.79
C H & B Associates 91 RE(1/2) 16606-4 12/5/90 8.96
Dorothy Seibert 91 Dog V10299 5/2/91 2.00
Total 5,583.52
This ordinance shall be effective from date of adoption.
The above abatement(s) totaling Cert to paymen
$5,583,52 were approved by
the Council of the City of Virginia
Beach on the_a day of May John
Approved as to form:
Ruth Hodges Smith
City Clerk
Leslie L. Lilley,
- 35 -
Item Ill-L.I.
PUBLIC HEARING ITEM # 34479
PLANNING
Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on:
PLANNING
(a) FERRELL PARKWAY ASSOCIATES, INC./ STREET CLOSURE
THE BROWN FARM ASSOCIATES
(b) THE RUNNYMEDE CORPORATION STREET CLOSURE
(c) HARRY SANDLER STREET CLOSURE
(d) WILLIAM T. WINGFIELD STREET CLOSURE
(e) TH004AS A. AND ANNE M. STAFFORD STREET CLOSURE
(f) LYNNHAVEN UNITED METHODIST CHURCH CONDITIONAL USE PERMIT
(g) GEORGE LOIZOU CONDITIONAL USE PERMIT
(h) LAKE RIDGE ASSOCIATES CONDITIONAL ZONING
CLASSIFICATIONS
- 36 -
Item 111-J.l.a
PUBLIC HEARING ITEM # 34480
PLANNING
Tuck Bowie, 1709 Oxen Court, Phone: 481-2741, represented the appllcant
Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925, registered in OPPOSITION
Upon motion by Councilwoman McClanan, seconded by Councilman Baum, City Council
AUTHORIZED FINAL APPROVAL of an Ordinance upon, appllcation of FERRELL PARKWAY
ASSOCIATES, INC. and THE BROWN FARM ASSOCIATES for the discontinuance, closure
and abandonment of a portion of Strawbrldge Road:
Ordlnance upon application ot Ferrell Parkway
Associates, Inc., and the Brown Farm Associates for
the discontinuance, closure and abandonment of a
portion of Strawbridge Road beginning at the
western boundary of General @th Boulevard and
running in a northwesterly directlon a distance of
364 feet more or less. More detailed Information is
available In the Department of Planning. PRINCESS
ANNE BOROUGH.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba
S. McClanan, Mayor Meyera E. Oberndort, Nancy K.
Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
CITY OF VIRGINIA BEACii, VIRGINIA, GRANTOR
TO (ORDINANCE OF VACATION
FERRELL PARKWAY ASSOCLATES, INC., et al.
THE BROWN FARM ASSOCIATES, et al., Grin-tee
AN ORDINANCE VACATING AND DISCONTINUING A
PORTION OF STRAWBRIDGE ROAD, IN PRINCESS ANNE
BOROUGH, IN THE CITY OF VIRGINIA BEACH, VIRGINIA
WHEREAS, proper tiotice of the intended application
of the applicant, Ferrell Parkway Associates, Inc., and The
Brown Farm Associates, to be presented to the City Council
of the City of Virginia Beach, Virginia, on the 12th day of
march, 1990, for the vacatioxi of the hereinafter described
street in the City of Virginia Beach, Virginia, was on the
23rd day of February, 1990, and on the 2nd day of March,
1990, duly published twice with six days elapsing between
the two publications in a newspaper published or having
general circulation in the City of Virginia Beach, Virginia,
specifying the time and place of hearing at which affected
persons might appear and present their views, in conformity
with the manner prescribed by Code of Virginia, Section
15.1-364, for the institution of proceedings for the
vacation of portion of strawbridge Road; and
WHEREAS, said application was made to the City
Council of the City of Virginia Beach, Virginia, on the 12th
day of March, 1990, and in conformity with the manner
prescribed by Code of Virginia, Section 15.1-364, for the
conduct of such proceedings, the City Council of the City of
Virginia Beach, Virginia, on the 12th day of march, 1990,
appointed C. oral Lambert, Jr. I David Grochmal , and
Robert Scott , as viewers to view such street and
report in writing whetlier in their opinion any, and if any,
what inconvenience would result from discontinuing the same,
and said viewers liave made such report to the City Council
of the City of Virginia Beach, Virginia; and
GPIN No. 2404-97-9391 (Parcel A)
GPIN No. 2414-08-4163 (Parcel A-1)'
2414-07-7759 (Parcel A-2)
.. ..... ....
... ........
WHEREAS, from such report and other evidence, and
after notice to the land proprietors affected thereby, along
the portioii of Strawbridge Road proposed to be vacated, it
is the judgment of.the City Council of the City of Virginia
Beach, Virginia, that these proceedings have been
instituted, conducted and concluded in the manner prescribed
by Code of Virginia, Section 15.1-364, that no inconvenience
would result from vacating and discontinuing the portions of
said street, and that the portions of said alley should be
vacated and discontinued;
NOW, THEREFORE, BE IT ORDAINED by the Council of
the City of Virginia Beach, Virginia:
1. That the following portion of Strawbridge
Road, in the Borough of Princess Anne, in the City of
Virginia Beach, Virginia, be, and the same is hereby,
vacated and discontinued (subject to the utility easements
reserved, granted and dedicated as shown on the herein-
after described plat):
All those certain piece or parcel of land,
situate, lying and being in Princess Anne
Borough, in the City of Virginia Beach,
State of Virginia, being that part of
Strawbridge Road designated as area of
closure on that certain unrecorded survey
by Talbot & Associates, Ltd., dated July
20, 1989, entitled "Plat Showing Right of
Way Dedication and Street Closure of Part
of Strawbridge Road; the subject portion of
Strawbridge Road is bounded on the south by
property now owned of record by Ferrell
Parkway Associates, Inc., and described as
Parcel A, as shown on said plat and on that
certain survey recorded in the Clerk's
office of the Circuit Court of the City of
Virginia Beach, virginia, in Deed Book
2478, page 1738, entitled "Boundary Survey
of Claude P. Brown Property, Deed Book
1144, page 652, Princess Anne Borough,
Virginia Beach, Virginia, for Dominion
Resources, Inc.," dated August 29, 1985;
and the subject portion of Strawbridge Road
is bounded on the north by the property now
owned of record by The Brown Farm
Associates, a Virginia general partnership,
and described as Parcels A-1 and A-2 as
shown on said plat and on that certain plat
recorded in the above-mentioned Clerk's
office in Deed Book 2610, page 844,
entitled "Subdivision Parcel A, Strawbridge
Square Shopping Center."
2
2. A certified copy of this ordinance of vacation
shall be recorded as deeds are recorded and indexed in the
name of the City of Virginia Beach, Virginia, as grantor,
and in the name of Ferrell Parkway Associates, Inc., and The
Brown Farm Associates, as grantees, in the Clerk's Office of
the Circuit Court of the City of Virginia Beach, Virginia,
at the expense of the applicants.
3. This Ordinance shall be effective on the date
of its passage.
Certified to be a true and exact copy of an
ordinance adopted by the City Council of the City of
Virginia Beach, Virginia, at its regular meeting held on the
12th day of March, 1990.
TESTE: RUTH SMITH, CITY CLERK
By
City Clerk
AUTHORIZED FINAL APPROVAL: May 28, 1991
3
- 37 -
Item Ill-L.l.b.l.
PUBLIC HEARING ITEM # 34481
PLANNING
Upon motion by Vice Mayor Fentress, seconded by Councllman Jones, City Council
AGREED TO HEAR and ADD TO THE AGENDA:
Ordinance appointing Viewers In the Petltion of THE
RUNNYMEDE CORPORATION for closure of a portion of
Cleveland Street (KEMPSVILLE BOROUGH).
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba
S. McClanan, Mayor Meyera E. Oberndorf, Nancy K.
Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 38 -
Item Ill-L.l.b.2.
PUBLIC HEARING ITEM # 34482
PLANNING
Michael Barrett, Chlet Executive Officer - The Runnymede Corporation.
Upon motion by Councilman Brazier, seconded by Councilman Clyburn, City Council
AUTHORIZED FINAL APPROVAL of an Ordinance upon application of THE RUNNYMEDE
CORPORATION for the discontinuance, closure and abandonment of a portion of
Walnut Street and Fourth Street:
Ordinance upon application of The Runnymede
Corporation for the discontinuance, closure and
abandonment of the following parcels:
Parcel 1: Closure of a portlon of Walnut Street
beginning at the northern boundary of South
Boulevard and running northerly to the southern
boundary of the Virginia Beach-Norfolk Expressway.
Said parcel Is 66 feet In width.
Parcel 2: Closure of a portion of Fourth Street
beginning at the western boundary of Spruce Street
and runntng westerly a distance of 610 feet. Said
parcel Is 50 feet In width.
Said parcels contain 2.10 acres. LYNNHAVEN BOROUGH.
Votlng: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba
S. McClanan, Mayor Meyera E. Oberndorf, Nancy K.
Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Councll Members Absent:
None
Item Ill-L.l.b.2. and L.l.b.3 were voted upon in ONE MOTION.
ORDINANCE NO.
IN THE RATTER OF CLOSIXG, VILCKTING AND DISCONTINUING A PORTION OF
THAT CERTAIN STREET OF VARIABLE WIDTH, KNOWN AS Walnut Street &
Fourth Street, AS SHOWN UPON THAT CERTAIN PLAT ENTITLED, "Street
closure of Portions of Walnut Street and Fourth Street" WHICH PLAT
IS ATTACHED HERETO.
WHEREAS, it appearing by affidavit that proper notice has been
given by The Runnymede Corporation , that he/she would make
application to the Council of the City of Virginia Beach, Virginia,
on May 29 199-0, to have the hereinafter described street
discontinued, closed, and vacated; and
WHEREAS, it is the judgment of the Council that said street
be discontinued, closed, and vacated;
NOW, THEREFORE,
SECTION I
BE IT ORDAINED by the Council of the City of Virginia Beach,
Virginia, that the hereinafter described street be discontinued,
closed, and vacatbd:
Beginning on the east side of Walnut Street at a point on the
southwest corner of Block H at the eastern right of way of
Walnut Street; thence North 86' 541 0011 West, 66.01 feet to
a point; thence North 41 221 1711 East, 452.66 feet to a point;
thence North 871 181 4811 West, 280.00 feet to a point; thence
North 4' 221 1711 East, 50.02 feet to a point; thence South 87'
181 4811 East, 280.00 feet to a point being the northwesterly
corner of the intersection of Walnut Street and Fourth Street;
thence North 4' 221 1711 East, 447.38 feet to a point; thence
North 731 181 2811 East, 70.72 feet to a point; thence South
4- 221 1711 West, 470.85 feet to a point being the
northeasterly corner of the intersection of Walnut Street and
Fourth Street; thence South 870 181 4811 East, 280.00 feet to
a point; thence South 4' 221 1711 West, 50.02 feet to a point;
thence North 87' 181 4811 West, 280.00 feet to a point being
the southeasterly corner of the intersection of Walnut Street
and Fourth Street; thence South 41 221 17" West, 453.14 feet
to the point of beginning.
Said portions of the street to be closed shown as the cross
hatched area on that certain plat of property "Resubdivision of
Lots 1-32, Block 'G'; Lots 1-32, Block 'HI; Lots 8-20, 26-40 &
Portions of Lots 5, 6, 7, 23, 24 & 25, Block 'El; Lots 3-40 &.
Portions of Lots I & 2, Block IF' and Street Closure Of A Portion
GPIN Parcel 'El: 1487-42-3567; Parcel IF':
Of Walnut Street & Fourth Street, Plat of Jacksondale (M.B. 2, PG.
51) ; To Be Known as Parcels I E I & , F I , Lynnhaven Borough - Virginia
Beach, Virginia, January 16, 1991, by Miller-Stephenson &
Associates", which plat is to be recorded in the Clerk's Office of
the Circuit Court of the City of Virginia Beach, Virginia, upon
adoption of this ordinance, and is made a part hereof by reference.
SAVE AND EXCEPT that certain 301 SANITARY SEWER EASEMENT and 60-
DRAINAGE EASEMENT shown on the plat referenced above.
ECTION II
A certified copy of this ordinance shall b, filed in the
Clerk's Office of the Circuit Court of the City of Virginia Beach,
Virginia, and indexed in tbe name of the City of Virginia Beach as
Grantor.
Adopted: May 28, 1991 (FINAL APPROVAL)
- 39 -
Item Ill-L.l.b.3-
PUBLIC HEARING ITEM # 34483
PLANNING
ADD-ON
Upon motion by Councllman Brazier, seconded by Councilman Clyburn, City Council
ADOPTED:
Ordinance appointing Viewers In the Petition of THE
RUNNYNEDE CORPORATION for closure of a portion of
Cleveland Street (KEMPSVILLE BOROUGH).
The Viewers are:
David M. Grochmal Director of General Services
C. Oral Lambert, Jr. Director of Public Works
Robert J. Scott Director of Planning
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba
S. McClanan, Mayor Meyera E. Oberndorf, Nancy K.
Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
Item Ill-L.I.b.2. and L.l.b.3 were voted upon In ONE 140TION.
PR L@NALICE AP O@It ITIG VIEWERS
WIIEREAS, 'I'lie Runiiymede corporation lias given due and proper
notice, in accordaiice with the statutes for such cases made and
provided tliat they will oii tlie 28th day of May, 1991, apply to
the City Council of tlie city of Virginia Beach, Virginia, for the
appointmexit of Viewers to view tlie below described property and
report in writirig to the CoLiiicil whetlier, in the opiniozi of said
Viewers, any, and if any, wliat inconvenience would result from
the discontinuance of the hereinafter described portion of tliat
certain street of variable width, and lias filed siicli application
with said council.
NOW, TIIEREFORE, be it ORDAIIIED by tlie Couricil of tlie City of
Virginia Beach, Virginia:
TIIAT Rot)ert J. Scott
C. Oral Laiiibert, Jr. and
David M. Groch;iial are hereby
appointed to view the bel-ow described property aiid report in
writing to the council, as soon as possible, wlietlier in their
opinion, any, and if any, what iiicoiivenience would result in the
discontinuing and vacating of a portion of tliat certain street of
variable widtli located in tlie CiLy of Virginia Beach, Virginia,
and more particularly described as follows:
Cleveland Street beginniiig at a point on the Soutliern
side of said street wliich point is located where
Clevelaiid Street iiitersects tlie southeast bolindary of
the property now or forilierly E. V. Williams Co. (,.B.
64, Pg. 7), and wliicii poiiit is oii tlie Northern side of
the Norfol)c-Va. Beacli Expre--,sway, aiid froin said point
of beginning runniiig aloiig the easterii I)oundary of said
property iiow or formerly E. V. lqi.l.liallis Co. liortli 8
degrees 311 3511 East a di.staiice of 66.65 feet to a
point; and tlieiice Nortli 55 degrees 391 5311 West a
distance of 35.75 feet to a point; atid thence aloiig a
curve to the left haviiig a raditis of 619.12 feet, aii
arc distance of 378-50 feet to a point; and thence
along a curve to the riglit liaviiig a radius of 619.12
50.00 feet, an arc distance of 86.95 feet to a point;
and thence along a curve to tlie left having a radius of
679.12 feet, an arc distance of 187.30 feet to a point;
and thence along a curve to the right having a radius
of 679.12 feet, an arc distance of 415.18 feet to a
point; and thence Sotitli 55 degrees 391 5311 East a
distance of 6.73 feet to tlie point of beginning.
(Portion to be vacated is designated as 34,382 square
feet or 0.79 acres on tlie below described plat.)
All the above as shown upon tliat certain plat entitled,
"Plat Showing Street Closure of a Portion of Cleveland Street" -
Kempsville Borough-Virginia Beach, Virginia, made by
Miller-Steplienson & Associates, P.C. dated December 13, 1990,
which plat is attached hereto and made a part hereof and intended
to be recorded with tlie ordiiiaiice closing the aforedescribed
street.
AFFIDAVIT
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, John R. Lomax, attorney for The Runnymede Corporation,
being first duly sworn, deposes and states:
1. That I am an attorney at law and represent The Runnymede
corporation.
2. That on the 5th day of May, 1991, and on the 12th day of
May, 1991, notice of the presenting of.the application to close a
partion of that certain street known as Cleveland Street on
behalf of The Runnymede Corporation, was published in the Beacon,
a newspaper of general circulation in the City of Virginia Beach,
Virginia.
And further the deponent saith not.
oma
Subscribed and sworn to before day of
1991.
@gotary Public
I WAS COMMISSIONED
My Conmission Expires: Povember 3, 1992 ELIZABETH A. REEVES
TIIE VIRGINIAN-PILOT STATEMENT NO. JP E JINVOICE DATE
is 05/13/91
l@LLED ACCT# AD NUMBER
53290200
BILLED ACCOUNT
FINE, FINE, LEGUM & FINE
2101 PARKS AVE.,STE.601
PAVILION CENTER
VIRGINIA BEACII, VA 23451
ISSUE
EDITION DESCRIPTION
SIZE GROSS AMT.
OS/DS/91 BEA STR. CLOSING 2 X 0055 102.30
05/12/91 BEA STR. CLOSING 2 x 0055 102.30
State of Virgi@nia
City of Norfolk AFFIDAVIT
This day Sharon White Personally appeared before me and after bei.ng duly sworn made oath that
(1) (He) (She) is affidavit clerk of The Virginian-Pilot a newspaper pliblished by Landmark
ICOMMLinications Inc., in the cities of Norfoll4, Partsmatith, Chesapeake, Stiffolk, and Virginia
Beach, State of Virginia;
(2) That the advertisement hereto annexed at STR. CLOSING has been published in
said newspaper during the following dates; 05/05/91 - 05/12/91
Affiant
Subscribed nd sw.rn t. before me in my ci+y @nd sti,t s 13TIl day of MAY
1991
My commission expires APRIL 30TH, 1994
ORDINANCE NO.
IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING
A PORTION OF THAT CERTAIN STREET, KNOWN AS CLEVELAND
STREET, AS SIIOWN UPON THAT CERTAIN PLAT ENTITLED,
"PLAT SHOWING STREET CLOSURE OF A PORTION OF CLEVELAND
STREET" - KEMPSVILLE BOROUGH-VIRGINIA BEACH, VIRGINIA,
MADE BY MILLER-STEPIIENSON & ASSOCIATES, P.C. DATED
DECEMBER 13, 1990, WIIICH PLAT IS ATTACHED fiERETO.
WHEREAS, it appearing by affidavit that proper notice has
been given by The Runnymede Corporation, that they would make
application to the Council of the City of Virginia Beach,
Virginia on May 28, 1991, to have the hereinafter described
street discontinued, closed, and vacated; and
WHEREAS, it is the judgment of the Council that said street
be discontinued, closed and vacated;
NOW, THEREFORE,
SECTION I
BE IT ORDAINED by the Council of the City of Virginia Beach,
Virginia, that the hereinafter described street be discontinued,
closed and vacated:
Cleveland Street beginning at a point on the southern
side of said street which point is located where
Cleveland Street intersects the southeast boundary of
the property now or formerly E. V. Williams Co. (M.B.
64, Pg. 7), and which point is on the Northern side of
the Norfolk-Va. Beach Expressway, and from said point
of beginning running along the eastern boundary of said
property now or formerly E. V. Williams Co. North 8
degrees 311 3511 East a distance of 66.65 feet to a
point; and thence North 55 degrees 391 5311 West a
distance of 35.75 feet to a point; and thence along a
curve to the left having a radius of 619.12 feet, an
arc distance of 378.50 feet to a point; and thence
along a curve to the right having a radius of 619.12
feet, an arc distance of 154.81 feet to a point; and
thence along a curve to the right having a radius of
50.00 @-eet, an arc distance of 86.95 feet to a point;
and thence along a curve to the left having a radius of
679.12 feet, an arc distance of 187.30 feet to a point;
and thence along a curve to the right having a radius
of 679.12 feet, an arc distance of 415.18 feet to a
point; and thence South 55 degrees 391 5311 East a
distance of 6.73 feet to the point of beginning.
Said parcel of land designated as "Plat Showing Street
Closure of a Portion of Cleveland Street" as indicated on that
certain plat of property in Virginia Beach, Virginia, which plat
is to be recorded in the Clerk's Office of the Circuit Court of
the City of Virginia Beach, Virginia, upon adoption of this
ordinance, and is made a part hereof by reference.
SECTION II
A certified copy of this Ordinance shall be filed in the
Clerk's Office of the Circuit Court of the City of Virginia
Beach, virginia, and indexed in the name of the City of Virginia
Beach as Grantor.
Adopted:
GPIN
IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING
A PORTION OF TIIAT CERTAIN STREET, KNOWN AS CLEVELAND
STREET, AS SHOWN UPON THAT CERTAIN PLAT ENTITLED,
"PLAT SHOWING STREET CLOSURE OF A PORTION OF CLEVELAND
STREET" - KEMPSVILLE BOROUGH-VIRGINIA BEACII, VIRGINIA,
MADE BY MILLER-STEPHENSON & ASSOCTATES, P.C. DATED
DECEMBER 13, 1990, WHICH PLAT IS ATTACIIED HERETO.
NOTICE
PLEASE TAKE NOTICE, that at the meeting of the City Counsel
of the City of Virginia Beach, Virginia, to be held on the 28th
day of May, 1991, at 6:00 p.m., at the City Hall of the City of
Virginia Beach, Princess Anne Station, the undersigned will
petition the Council for the appointment of Viewers to view the
below described portion of that certain street and report to the
City Council whether in the opinion of the Viewers, what, if any,
inconvenience would result from the vacating, closing and
discontinuance of same, the said portion of said street being
described as follows:
Cleveland Street beginning at a point on the Southern
side of said street which point is located where
Cleveland Street intersects the southeast boundary of
the property now or fornerly E. V. Williams Co. (M.B.
64, Pg. 7), and which point is on tlie Northern side of
the Norfolk-Va. Beach Expressway, aiid from said point
of beginning running along the eastern boundary of said
property now or formerly E. V. Williams Co. North 8
degrees 311 3511 East a distance of 66.65 feet to a
point; and thence North 55 degrees 391 5311 West a
distance of 35.75 feet to a point; and thence along a
curve to the left havinq a radius of 619.12 feet, an
arc distance of 378.50 feet to a point; and thence
along a curve to the right havitig a radius of 619.12
feet, an arc distance of 1.54.81 feet to a point; and
thence along a curve to the right having a radius of
50.00 feet, an arc distance of 86.95 feet to a point;
and thence along a curve to the left having a radius of
679.12 feet, an arc distance of 187.30 feet to a point;
and thence along a curve to the right having a radius
of 679.12 feet, an arc distance of 415.18 feet to a
point; and thence South 55 degrees 391 5311 East a
distance of 6.73 feet to the point of beginning.
(Portion to be vacated is designated as 34,382 square
feet or 0.79 acres on the below described plat.)
All the above, as shown upon tliat certain plat entitled
Kempsville Borough-Virginia Beach, virginia, made by
Miller-Stephenson & Associates, P.C. dated December 13, 1990.
At that time, anyone affected may appear and present his
views.
After the report of the Viewers is received, at the next
regular meeting of the City Council, or as soon thereafter as the
matter may be placed on the agenda, the undersigned will Petition
the City Council to vacate, close and discontinue that portion of
Cleveland Street in the City of Virginia Beach, Virginia,
described above.
TIIE RUNNYMEDE CORPORATION
BY
John R. Lomax, Esquire cou@ seA
FINE, FINE, LEGUM & FINE, P.A.
Pavilion Center
2101 Parks Avenue, Suite 601
Virginia Beach, Virginia 23451
(804) 422-1678
IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING
A PORTION OF THAT CERTAIN STREET, KNOWN AS CLEVELAND
STREET, AS SHOWN UPON THAT CERTAIN PLAT ENTITLED,
"PLAT SHOWING STREET CLOSURE OF A PORTION OF CLEVELAND
STREET" - KEMPSVILLE BOROUGH-VIRGINIA BEACH, VIRGINIA,
MADE BY MILLER-STEPHENSON & ASSOCIATES, P.C. DATED
DECEMBER 13, 1990, WHICH PLAT IS ATTACHED HERETO.
PETITION
TO: TIIE MAYOR AND THE MEMBERS OF TifE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA
Your Petitioner, The Runnymede Corporation, respectfully
represents as follows:
1. That pursuant to the provisions of Section 15.1-364 of
the Code of Virginia, 1950, as amended, the Petitioner applies
for the vacating, closing, and discontinuance of a portion of
that certain street, which is more specifically described as
follows:
Cleveland Street beginning at a point on the Southern
side of said street which point is located where
Cleveland Street intersects the southeast boundary of
the property now or formerly E. V. Williams co. (M.B.
64, Pg. 7), and which point is on the Northern side of
the Norfolk-Va. Beach Expressway, and froin said point
of beginning running along the eastern boundary of said
property now or formerly E. V. Williams Co. North 8
degrees 311 3511 East a distance of 6G.65 feet to a
point; and thence North 55 degrees 391 5311 West a
distance of 35.75 feet to a point; and thence along a
curve to the left having a radius of 619.12 feet, an
arc distance of 378.50 feet to a point; and thence
along a curve to the right having a radius of 619.12
feet, an arc distance of 154.81 feet to a point; and
thence along a curve to the riglit having a radius of
50.00 feet, an arc distance of 86.95 feet to a point;
and thence along a curve to the left having a radius of
679.12 feet, an arc distance of 187.30 feet to a point;
and thence along a curve to the right having a radius
of 679.12 feet, an arc distance of 415.18 feet to a
point; and thence south 55 degrees 391 5311 East a
distance of 6.73 feet to the point of beginning.
(Portion to be vacated is designated as 34,382 square
feet or 0.79 acres on the below described plat.)
Said parcel of land being a portion of Cleveland Street, as
indicated on that certain plat entitled "Plat Showing Street
Closure of a Portion of Cleveland Street" - Kempsville Borough-
Virginia Beach, Virginia, made by Miller-Stephenson & Associates,
P.C. dated December 13, 1990, which plat is attached hereto and
made a part hereof and intended to be recorded with the ordinance
closing the aforddescribed street.
2. 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 to
be closed and to report in writing to the Council on or before
the I 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.
3. That on May 5, 1991 and May 12, 1991, notice of the
presenting of this application was published in the Beacon, a
newspaper of general circulation in the city of Virginia Beach,
Virginia.
4. That the fee simple owners of all land along and
adjacent to and affected by said portion of the platted street
and your Petitioners herein.
Respectfully submitted,
THE RUNNYffiEDE CORPORATION
BY
oun@el/
John R. Lomax, Esquire
FINE, FINE, LEGUM & FINE, P.A.
Pavilion Center
2101 Parks Avenue, Suite 601
Virginia Beach, Virginia 23451
(804) 422-1678
- 40 -
Item Ill-L.l.c.
PUBLIC HEARING ITEM # 34484
PLANNING
Attorney Elwood isley, Jr., represente@ Virginia Beach Federal Savings Bank,
Phone: 427-3232
Upon motlon by Councilman Brazier, seconded by Councilman Heischober, City
Council APPROVED ADDITIONAL 60-DAY DEFERRAL, until the City Council Session of
to August 13, 1991, the Petition of HARRY SANDLER for the discontinuance,
closure and abandonment of a portion of Jetty Street:
Application of Harry Sandler for the
discontinuance, closure and abandonment of a
portion of Jetty Street beginnlng at the southern
boundary of Shore Drive and running In a southerly
direction a distance of 330.64 feet more or less.
Said parcel contains 18,687 square feet. Plats with
more detailed lnformatlon are available In the
Department of Planning. LYNNHAVEN BOROUGH.
Votlng: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazler, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louls R. Jones, Paul J. Lanteigne, Reba
S. McCianan, Mayor Meyera E. Oberndort, Nancy K.
Parker and William D. Sessoms, Jr.
Council Members Votlng Nay:
None
Council Members Absent:
None
- 41 -
Item III-L.I.d.
PUBLIC HEARING ITEM # 34485
PLANNING
Attorney Wallace C. Smith, Post Office Box 6124, Virginia Beach, Virginia,
represented the applicant
Upon motion by Councilman Jones, seconded by Councilman Heischober, City
Council APPROVED ADDITIONAL 180-DAY DEFERRAL, to December 10, 1991, in the
Petition of WILLIAM T. WINGFIELD for the discontinuance, closure and
abandonment of portions of Emblem and Shell Roads.
Ordinance upon application of William T. Wingfield
for the discontinuance, closure and abandonment of
portions of Emblem Road and Shell Roads located at
the northeast intersection of said streets. The
parcels contain 2,495 square feet. BAYSIDE BOROUGH.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba
S. McClanan, Mayor Meyera E. Oberndorf, Nancy K.
Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 42 -
Item III-L.I.e.
PUBLIC HEARING ITEM # 34486
PLANNING
Attorney Wallace C. Smith, Post Office Box 6124, Virginia Beach, Virginia,
represented the applicant
Upon motion by Councilman Brazier, seconded by Vice Mayor Fentress, City
Council APPROVED the Petition of THOMAS A. and ANNE M. STAFFORD for the
discontinuance, closure and abandonment of a portion of Cape Henry Drive,
subject to compliance of conditions by December 10, 1991.
Petition of Thomas A. and Anne M. Stafford for the
discontinuance, closure and abandonment of a
portion of Cape Henry Drive running a distance of
100 feet along the northern boundary of Lot 35,
Seciton 5, Part 2, Lynnhaven Colony. The parcel is
25 feet in width and contains 2500 square feet.
LYNNHAVEN BOROUGH.
The following conditions shall be required:
1. It appears that the applicant owns the underlying
fee for the right-of-way proposed for closure and
purchase from the City will not be required. This
is subject to verification by the City Attorney's
Office.
2. The applicant shall be allowed the minimum amount
of square footage -- eight (8) feet -- to
accommodate the swimming pool. Only the minimum
amount of right-of-way will be closed.
3. The applicant is responsible for making
arrangements to accommodate any non-municipal
utilities which may exist in the right-of-way
proposed for closure.
4. Resubdivision of the property and vacation of
internal lot lines to incorporate the closed area
into the adjoining parcel, as well as to ensure
that all lots have access to a public street.
5. Approval is contingent upon compliance with the
above conditions by December 10, 1991.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba
S. McClanan, Mayor Meyera E. Oberndorf, Nancy K.
Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 43 -
Item Ill-L.l.f.
PUBLIC HEARING ITEM # 34487
PLANNING
Otis Meekins, Architect, 912 Neptune Avenue, Phone: 424-3535, represented the
Lynnhaven United Methodist Church
Upon motion by Councilwornan McClanan, seconded by Councilman Jones, City
Council ADOPTED an Ordinance upon application of LYNNAHVEN UNITED METHODIST
CHURCH for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF LYNNHAVEN UNITED
METHODIST CHURCH FOR A CONDITIONAL USE PERMIT FOR A
CHURCH ADDITION R05911370
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon appllcation of Lynnhaven United
Methodist Church for a Conditional Use Permit for a
church addition on the south side of Little Neck
Road, 200 feet more or less west of Harris Road.
The parcel is located at 1033 Little Neck Road and
contalns 3.549 acres. LYNNHAVEN BOROUGH.
The following conditions shall be required:
1. A temporary pump and haul permit for sewage
handling in the interim must be requested along
with detailed site plans for City approval.
Performance of the temporary permit will be for
approximately one year, or at such time when the
City sewer becomes available to this site (CIP No.
6-948).
2. Upon acceptance of the City water and sewer
services along Little Neck Road,
Lynnwood/Michaetwood Project CIP 5-048 and 6-948,
connections from the church site must be made.
This Ordinance shall be effective in accordance with Section 107 (f) of the
Zoning Ordinance.
Adopted by the Councll of the City of Virginia Beach, Virginia, on the Twenty-
eighth day of @, Nineteen Hundred and Ninety-One.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba
S. McCianan, Mayor Meyera E. Oberndorf, Nancy K.
Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 44 -
Item Ill-L.l.g.
PUBLIC HEARING ITEM # 34488
PLANNING
Wi Ifred P. Large, Surveyor, 5329 Virginia Beach Boulevard, Phone: 431-1041,
represented the applicant
Upon motlon by Counci Iman Jones, seconded by Counci Iman Heischober, City
Council ADOPTED an Ordinance upon appicatlon of GEORGE LOIZOU for a Conditional
Use Permit:
ORDINANCE UPON APPLICATION OF GEORGE LOIZOU FOR A
CONDITIONAL USE PERMIT FOR AUTOMOBILE SALES
R05911371
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of George Loizou for a
Conditional Use Permit for automobile sales on the
south side of Virginia Beach Boulevard, 79.45 feet
west of Clearfield Avenue. The parcel is located at
5329 Virginia Beach Boulevard and contains 27,676
square feet. BAYSIDE BOROUGH.
The following conditions shall be required:
1. A planting bed five (5) feet In width and parking
lot landscaping shall be Installed and maintained
along the entire boundaries fronting on Virginia
Beach Boulevard; a similar bed with appropriate
landscaping shall be installed and maintained along
the rear property line.
2. Category IV landscaping shall be Installed and
maintained along the entire Western boundary line
of this site.
3. A four (4) toot high wooden fence shall be
Installed and maintained along the Eastern property
line separating this site from the adjoining site.
4. No auto repairs allowed on-site; no outside storage
of auto parts will be allowed.
5. Any increase In impervious area must meet the
requirements of the Stormwater Management Ordinance
through the use of Best Management Practices.
Infiltration systems under pavement may not be
appropriate due to potentlal maintenance problems.
6. The existing single-family structure Is to be
removed within twelve (12) months.
7. No outside loudspeakers are allowed on site.
8. All landscaping requirements shall be lnstal led
withln a 12 month period, even if Phase 11 shown on
the submitted plan has not been developed.
This Ordinance shal I be effective in accordance with Section 107 (f) of the
Zonlng Ordinance.
Adopted by the Counci I of the City of Virginia Beach, @irginia, on the Twenty-
eighth day of @, Nineteen Hundred and Ninety-One.
- 45 -
Item Ill-L.l.g.
PUBLIC HEARING ITEM # 34488 (Continued)
PLANNING
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba
S. McClanan, Mayor Meyera E. Oberndorf, Nancy K.
Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 46 -
Item Ill-L.l.h.
PUBLIC HEARING ITEM # 34489
PLANNING
The following registered in SUPPORT of the application:
The Honorable Wi II i am "Buster" R. O'Br!en, 2368 Havers ham Close, Phone: 481 -
2408, represented the applicant
Jerry Porterfield, Talbot and Associates
Tuck Bowie, 1709 Oxen Court, Phone: 481-2741, Engineer
Rick Burnell, President - Armada-Hoffler Enterprises
Elizabeth Henley, 1345 Goose Landing, Phone: 425-7736
Vivian Blaize, 4437 Segovia Court, Phone: 473-0456
Steve Owen, 1816 Settlers Landing, Phone: 427-3641
Don Smith, 4 709 Fa I I sway Court, Phone: 427-9622
The following registered in OPPOSITION:
Ann Henry, 506-27th Street, Phone: 428-5962, represented the Virginia Beach
Audobon Society
Marilyn Kyle, 3716 North Landstown Road, Phone: 427-2803
Donald Kyle, 3716 North Landstown Road, Phone: 427-2803
Robert Engesser, 5290 Vestry Drive, Phone: 499-3157
Nelson Velez, 1529 Millington Drive, Phone: 467-3254
Britt Lipscomb, 945 Summerside Court, Phone: 471-0608
Captain Les Fenlon, 224 Scallop Road, Phone: 481-2501, represented the Great
Neck Assocation of Civic Leagues
Richard Whittemore, 313 Pike Circle, Phone: 425-5900, represented the Back Bay
Restoration Foundation
Stuart Gordon, 1150 Horn Point Road, Phone: 721-2002
Sharon Adams, 929 Windsor Road (Bay Colony), represented SAVE
Maurice Jackson, 1125 Ditchley Road, Phone: 428-1470, President of the Virginia
Beach Council of Civic Leagues
Tom Perlic, Phone: 583-6231, represented the Clean Water Action and presented
a total ot 267 letters in OPPOSITION addressed to specific Council Members.
Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925
Colonel H. L. Gordner, 1928 Weybridge Circle
Glenn Tainter, 2140 Kenwood Drive, President of Courthouse Sandbridge Coalition
of Civic Leagues
A MOTION was made by Councilwoman McClanan, seconded by Counclwoman Parker to
DENY Ordinances upon application of LAKE RIDGE ASSOCIATES for Conditional
Zoning Classifications (PRINCESS ANNE BOROUGH).
Upon SUBSTITUTE MOTION by Councilman Brazier, seconded by Councilman Clyburn,
City Council ADOPTED Ordinances upon application of LAKE RIDGE ASSOCIATES for
Conditional Zoning Classifications:
ORDINANCE UPON APPLICATION OF LAKE RIDGE ASSOCIATES
FOR A CONDITIONAL ZONING CLASSIFICATION FROM AG-1
TO A 12 R-10 (AS MODIFIED) Z04911310
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Lake Ridge Associates
for a Conditional Zoning Classification from AG-1
Agricultural District to A-12 ApaF4:FRem+ 9ist.-'C+
R-10, Residential District (AS MODIFIED) on the
following parcels:
Parcel 1: Located 4000 feet more or less southwest
of the intersection of Princess Anne Road and
Landstown Road.
Parcel 2: Located 6400 feet more or less southwest
of the intersection of Princess Anne Road and
Landstown Road.
The proposed zoning classification change is for
multi-family housing land use at a density no
greater than 12 dwelling units per acre. The
Comprehensive Plan recommends use of this parcel
for prime agricultural land at a density no greater
than one dwelling unit per acre. The parcels
contain 103.5 acres. PRINCESS ANNE BOROUGH.
- 47 -
Item III-L.l.h.
PUBLIC HEARING ITEM # 34489 (Continued)
PLANNING
ORDINANCE UPON APPLICATION OF LAKE RIDGE ASSOCIATES
FOR A CONDIT]IONAL ZONING CLASSIFICATION FROM AC-1
TO A 19 R-10 (AS MODIFIED) Z04911312
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Lake Ridge Associates
for a Conditional Zoning Classification from AG-1
Agricultural District to
R-10 Residential District (AS MODIFIED) on certain
property located 5050 feet more or less southwest
of the intersection of Princess Anne Road and
Landstown Road. The proposed zoning classification
change is for multi-family housing land use at a
density no greater than 18 dwelling units per acre.
The Comprehensive Plan recommends use of this
parcel for prime agricultural land at a density no
greater than one dwelling unit per acre. The parcel
contains 23.6 acres. PRINCESS ANNE BOROUGH.
A N D,
ORDINANCE UPON APPLICATION OF LAKE RIDGE ASSOCIATES
FOR A CONDITIONAL ZONING CLASSIFICATION FROM AG-1
TO B-2 Z04911313
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Lake Ridge Associates
for a Conditional Zoning Classification from AG-1
Agricultural District to B-2 Community Business
District on the following parcels:
Parcel 1: Located 1200 feet more or less southwest
of Princess Anne Road, 4600 feet more or less
southeast of Landstown Road.
Parcel 2: Located 2200 feet more or less southwest
of Princess Anne Road, 3900 feet more or less
northwest of North Landing Road.
Parcel 3: Located 900 feet more or less west of
Landstown Road, 2800 feet more or less northwest of
Princess Anne Road.
The proposed zoning classification change is for
commercial land use. The Comprehensive Plan
recommends use of this parcel for prime
agricultural land at a density no greater than one
dwelling unit per acre. The parcels contain 187.1
acres. PRINCESS ANNE BOROUGH.
A N D,
ORDINANCE UPON APPLICATION OF LAKE RIDGE ASSOCIATES
FOR A CONDITIONAL ZONING CLASSIFICATION FROM AG-1
TO H-1 Z04911314
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VTRGINTA
Ordinance upon application of Lake Ridge Associates
for a Conditional Zoning Classification from AG-1
Agricultural District to H-1 Hotel District on
certain property located 3400 feet more or less
west of Princess Anne Road beginning at a point
4800 feet more or less southwest of the
intersection of Princess Anne Road and Landstown
Road. The proposed zoning classification change is
for hotel land use at a density no greater than 80
lodging units per acre. The Comprehensive Plan
recommends use of this parcel for prime
agricultural land at a density no greater than one
dwelling unit per acre. The parcel contains 15
- 48 -
Item III-L.I.h.
PUBLIC HEARING ITEM # 34489 (Continued)
PLANNING
ORDINANCES UPON APPLICATION OF LAKE RIDGE
ASSOCIATES FOR A CONDITIONAL ZONING CLASSIFICATION
FROM AG-1 TO 0-2 Z04911315
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CTTY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Lake Ridge Associates
for a Conditional Zoning Classification from AG-1
Agricultural District to 0-2 Office District on the
following parcels:
Parcel 1: Located 1200 feet west of Princess Anne
Road beginning at a point 1400 feet more or less
southwest of the intersection of Princess Anne Road
and Landstown Road.
Parcel 2: Located 1200 feet east of Landstown Road
beginning at a point 3050 feet more or less south
of the intersection of Landstown Road and Princess
Anne Road.
Parcel 3: Located 1200 feet west of Landstown Road
beginning at a point 1800 feet more or less
southwest of the intersection of Landstown Road and
Princess Anne Road.
Parcel 4: Located 1200 feet west of Landstown Road
beginning at a point 3250 feet more or less
southwest of the intersection of Landstown Road and
Princess Anne Road.
Parcel 5: Located 1200 feet west of Landstown Road
beginning at a point 4850 feet more or less
southwest of the intersection of Landstown Road and
Princess Anne Road.
The proposed zoning classification change is for
office land use. The Comprehensive Plan recommends
use of this parcel for prime agricultural land at a
density no greater than one dwelling unit per acre.
The parcels contain 200 acres. PRINCESS ANNE
BOROUGH.
A N D,
ORDINANCE UPON APPLICATION OF LAKE RIDGE ASSOCIATES
FOR A CONDITIONAL ZONTNG CLASSIFICATION FROM AG-1
TO 0-2 Z04911316
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Lake Ridge Associates
for a Conditional Zoning Classification from AG-1
Agricultural District to 0-2 Office District
located 1200 feet more or less southwest of
Princess Anne Road, 9100 feet more or less
southeast of Landstown Road. The proposed zoning
classification change is for office land use. The
Comprehensive Plan recommends use of this parcel
for prime agricultural land at a density no greater
than one dwelling unit per acre. The parcel
contains 155.6 acres. PRINCESS ANNE BOROUGH.
- 49 -
Item III-L.l.h.
PUBLIC HEARING TTEM # 34489 (Continued)
PLANNING
ORDTNANCE UPON APPLICATION OF LAKE RIDGE ASSOCIATES
FOR A CONDITIONAL ZONING CLASSIFICATION FROM AG-1
TO 0-2 Z04911317
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Lake Ridge Associates
for a Conditional Zoning Classification from AG-1
Agricultural District to 0-2 Office District on the
following parcels:
Parcel 1: Located 7320 feet more or less northeast
of the intersection of Landstown Road and Salem
Road.
Parcel 2: Located 1800 feet more or less southwest
of the intersection of Landstown Road and Princess
Anne Road.
The proposed zoning classification change is for
office land use. The Comprehensive Plan recommends
use of this parcel for prime agricultural land at a
density no greater than one dwelling unit per acre.
The parcels contain 180.1 acres. PRINCESS ANNE
BOROUGH.
A N D,
ORDINANCE UPON APPLICATION OF LAKE RIDGE ASSOCIATES
FOR CONDITIONAL ZONING CLASSIFICATION FROM AG-1 TO
P-1 Z04911318
BE IT HEREBY ORDATNED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGTNIA
Ordinance upon application of Lake Ridge Associates
for a Conditional Zoning Classification from AG-1
Agricultural District to P-1 Preservation District
on certain property located 1200 feet west of
Landstown Road beginning at a point 3000 feet more
or less southwest of the intersection of Princess
Anne Road and Landstown Road. The proposed zoning
classification change is for preservation of open
areas. The Comprehensive Plan recommends use of
this parcel for prime agricultural land at a
density no greater than one dwelling unit per acre.
The parcel contains 117 acres. PRINCESS ANNE
BOROUGH.
A N D,
ORDINANCE UPON APPLICATION OF LAKE RIDGE ASSOCIATES
FOR A CONDITIONAL ZONING CLASSIFICATION FROM AG-2
TO B-2 Z04911319
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Lake Ridge Associates
for a Conditional Zoning Classification from AG-2
Agricultural District to B-2 Community Business
District on the southwest side of Princess Anne
Road, 4460 feet more or less southeast of the
intersection with Landstown Road. The proposed
zoning classification change is for commerical land
use. The Comprehensive Plan recommends use of this
parcel for prime agricultural land at a density no
greater than one dwelling unit per acre. The parcel
contains 18.5 acres. PRTNCESS ANNE BOROUGH.
- 50 -
Item III-L.l.h.
PUBLIC HEARING ITEM # 34489 (Continued)
PLANNING
ORDINANCE UPON APPLICATION OF LAKE RIDGE ASSOCIATES
FOR A CONDTTIONAL ZONING CLASSIFICATION FROM AC-2
TO 0-2 Z04911320
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Lake Ridge Associates
for a Conditional Zoning Classification from AG-2
Agricultural District to 0-2 Office District on
certain property located 1200 feet more or less
southwest of the intersection of Landstown Road and
Princess Anne Road. The proposed zoning
classification change is for office land use. The
Comprehensive Plan recomends use of this parcel
for prime agricultural land at a density no greater
than one dwelling unit per acre. The parcel
contains 3.3 acres. PRINCESS ANNE BOROUGH.
A N D,
ORDINANCE UPON APPLICATION OF LAKE RIDGE ASSOCIATES
FOR A CONDITIONAL ZONING CLASSIFICATION FROM AG-2
TO 0-2 Z04911321
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Lake Ridge Associates
for a Conditional Zoning Classification from AG-2
Agricultural District to 0-2 Office District on
certain property located on the east and west sides
of Landstown Road, south of the intersection with
Princess Anne Road. The proposed zoning
classification change is for office land use. The
Comprehensive Plan recommends use of this parcel
for prime agricultural land at a density no greater
than one dwelling unit per acre. The parcels
contain 143.2 acres. PRINCESS ANNE BOROUGH.
A N D,
ORDINANCE UPON APPLICATION OF LAKE RIDGE ASSOCIATES
FOR A CONDITIONAL ZONING CLASSTFICATION FROM AG-2
TO 0-2 Z04911322
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Lake Ridge Associates
for a Conditional Zoning Classification from AG-2
Agricultural District to 0-2 Office District on the
southwest side of Princess Anne Road, 9100 feet
more or less southeast of Landstown Road. The
proposed zoning classification change is for office
land use. The Comprehensive Plan recommends use of
this parcel for prime agricultural land at a
density no greater than one dwelling unit per acre.
The parcel contains 17 acres. PRINCESS ANNE
BOROUGH.
A N D,
- 51 -
Item III-L.I.h.
PUBLIC HEARING ITEM # 34489 (Continued)
PLANNING
ORDINANCE UPON APPLICATION OF LAKE RIDGE ASSOCIATES
FOR A CONDITIONAL ZONING CLASSIFICATION FROM AG-2
TO P-1 Z04911323
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Lake Ridge Associates
for a Conditional Zoning Classification from AG-2
Agricultural District to P-1 Preservation District
on certain property located on the east and west
sides of Landstown Road, 7200 feet more or less
east of Salem Road. The proposed zoning
classification change is for preservation of open
areas. The Comprehensive Plan recommends use of
this parcel for prime agricultural land at a
density no greater than one dwelling unit per acre.
The parcels contain 20.1 acres. PRINCESS ANNE
BOROUGH.
A N D,
ORDINANCE UPON APPLICATION OF LAKE RIDGE ASSOCIATES
FOR A CONDITIONAL ZONING CLASSIFICATION FROM R-5D
TO 0-2 Z04911324
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Lake Ridge Associates
for a Conditional Zoning Classification from R-5D
Residential Duplex District to 0-2 Office District
on certain property located 1250 feet more or less
southwest of the intersection of Princess Anne Road
and Landstown Road. The proposed zoning
classification change is for office land use. The
Comprehensive Plan recommends use of this parcel
for prime agricultural lands at a density no
greater than one dwelling unit per acre. The parcel
contains 8.5 acres. PRINCESS ANNE BOROUGH.
The following conditions shall be required:
1. An agreement encompassing proffers shall be
recorded with the Clerk of the Circuit Court and is
hereby made a part of the proceedings.
These Ordinances shall be effective in accordance with Section 107 (f) of the
Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-
eighth day of May, Nineteen Hundred and Ninety-One.
- 52 -
Item IIT-L.l.h.
PUBLIC HEARING ITEM # 34489 (Continued)
PLANNING
Voting: 7-3
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr. , Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Paul J. Lanteigne and William D.
Sessoms, Jr.
Council Members Voting Nay:
Reba S. McClanan, Mayor Meyera E. Oberndorf and
Nancy K. Parker
Council Members Abstaining:
Louis R. Jones
Council Members Absent:
None
*Councilman Jones DISCLOSED, pursuant to Section 2.1-639.14(E) of the Code of
Virginia, ownership of land with a value in excess of $10,000, on the corner of
Princess Anne Road and Landstown Road, which is adjacent to the property which
is the subject of the transaction. Although the City Attorney had advised he
can participate in the transaction upon disclosure, Councilman Jones wished to
disclose this interest and ABSTAIN on the Ordinances of Lake Ridge Associates.
Councilman Jones' letter of May 28, 1991, is hereby made a part of the record.
LOUIS R JONES 1008 WITCH PONT TFTA'L
COUNCLMAN BAYSIDEBOROUGH VIRGINIA BEACH V RGIN A 23@55
(8N) M3@l 17
May 28, 1991
Mrs. Ruth Hodges Smith, CMC/AAE
City Clerk's Office
Municipal Center
Virginia Beach, Virginia 23456
Dear Mrs. Smith:
Re: Abstention Pursuant SS 2.1-639.14(E), Code of Virginia
Pursuant to the Virginia Conflict of Interests Act, SS 2.1-639.14(E), Code of Virginia,
I make the following declaration:
1. The transaction for which I am executing this written disclosure is the
rezoning applications of Lake Ridge Associates for 1,200 acres of land on
Princess Anne Road.
2. 1 own property on the corner of Princess Anne Road and Landstown Road
which is adjacent to the property which is the subject of the transaction. My
property is valued in excess of $10,000. A portion of my property is
currently used as a cemetery and a portion is undeveloped. ne City
Attorney has advised that it is reasonably foreseeable that my property will
be affected by the rezoning of the Lake Ridge Associates property.
3. Although the City Attorney advises in the attached opinion that I am a
member of a group of persons, i.e., surrounding similarly situated property
owners and can participate in the transaction upon disclosure, I wish to
disclose this interest and abstain from participating in this transaction.
Ruth Hodges Smith, CMC/AAE -2- May 28, 1991
City Clerk
Re: Abstention Pursuant to SS 2.1-639.14(E), Code of Virginia
Accordingly, I respectfully request that you record this abstention in the official
records of the City Council.
Thank you for your assistance and cooperation in this matter.
L.
Councilmember
LRJ/clb
Enclosure
L @ '31 @ L I L I ! Y "I @IN l@
1,@1OFiN[ Y fl BE A,':l IA
(Fl@4) @17
M@t3, 28, 1991
Cotiiicilmaii L,()uis Jc)nes
Mtinicil),il Ccnter
Vii-ginia Be@ich, Virgirtii 23456
Mr. Jo.,I,.@:
l@@: Reqtiost for Corflict of @lltc!-Csi,; Act Op:jijoi): Aj)pljcition,,, fc,,j
l@ezo,iiiit, I)y L@ike Riclge As,.,,(xiiitts for 1,200 Aci-cs of i,aii(-l oit
Priiicess l@ne Ro@id
@lill V,'fitilig ifl 1espoiise to your i-eqiicst for iii ol)iniort @is to wliethe!- ),o@i ly,@ly
1)@ll-ticil)@ite in tlie tr.@ins ictioii of tlie Virgiiiia Beicli Cit,,, (-@otiiicil on May 1991,
CC)IIC,C'Tr)ifl coliclitiorial zol@it)S,,.pplicttions of Lai@e l@i(i@e A,@;sociates fc)r 1,200 @icres of ],'Iil(i
oti Priiicess A-iiie Roaci.
tJT,,4'tk4AR',' CON",@ltJSION:
l@i-oiii 1)1), re\,j(@w of tile Coiiflict of liitcrest@; A.ct an(i the infoi-in,,tti(,n 1)rovi(led by
@,c)-,i as iefereticc(i l@-lo%v, I am of tlie opiiiioii that you have a pCrSOlial jiltefCSt iD the
of the Virgiiiia Beaci-I City Council coitceriiiiig the COD'iiiic)iial zonin,,,
api)liu.iioiis of Lake Ridge As,,ociates for its i,200 acre tract on @@Irincess A.iiiie Roa(l, Is
a JeSt)lt Of )'OLlr CWliership c)f pioperty adjacent to the L.)Ice Ridge TYC)pert),. Ilowevor,
-is @t x@ie)iil)er of a ,roup c)" I)ersons affecte(I by tlie a 1)
I tralisactioll, yoti rn@iy I)articip te i the
tr,tiis@ictioli lipori ciisclosure of your interest purstiatit to Virgiiiia Codo SS 2.1-639.14(G).
Tliis cc)iiclusion is CC)IIS@l*stelit witli my prior opii)ion to yc)u dated Jiily 30, 1990, on
this niitter.
I I)ase tlie ,iforestid opinion on the following f@i@ ts and disciissions.
Cotincilnian Louis Jones -2- May 28, 1991
Re: Request for Conflict of Interests Act Opinion: Applications for
l@ezoniiig by Lake Ridge Associates for 1,200 Acres of Land oji
Princess Aiiiie Roid
FACrS PREk'@T@'iN'rF-,T)
Yotir r--qtiest for an a(lvisory opiiaion is generated by tlie applications by Lake
Rid2@ Associates foi conditiori@il zoniiig ctassifications c)n parcels totalijig 1, 192.50 acres iii
tlie, Princess Aiin(@ Borougli. @Fhe prol)osed zonirig ch,,,inges would pertiiit a vast ringe of
officc,, iiistitution,,i@, coiiiiiiercial, lodging, aiid ii-itilti-f@iiriily tis,-s. 'i@he bulk of the land
covere(i [)y the @ipplic,@tioiis is curretitly zoried AG-1 or AG-2. l@lie newly adoptect
Collipreli@nsi\,e ",,'aii (iN/iai-ch 5, 1991) I)rovides tliat tlie Ridf,,e property is ilicluded
witliin Traiisitic)n Arc,@j I aiici is stiital)le fc)j- developi-nent requirijig urban seivices if certaiii
sp(,,cified ci-iteii@i ideiit,i'@ied iii tlie Coinprehelisive Plaii are fult@illed. 'rhe City's Pl@liiniiig
Director, t)), leiter of @/ity 2')@, 1991, his opijicd tliat tlio l@ike l@lidg@ applicatic,as liave, nict
tliis criter@a tji(i ire in cojiiplianct witli tite Cornprel,@eiisive I'lan.
Yc@il liIN,e I(Ivisf@d tli@it yc)ur coiicerii ,iiicl reison foi- reqtiesting tliis opinion is that
ioc,,ied on tlie soLitli(@,,tst corner of llrill(,(,.ss Ariiie Road and LindstoNvn
to tl)e, L@.ke Kicige I)roperty. YoLir prol)crty is v@ililed iii exce!@!; of $10,000
@iii@l is AG-2. Iii ad(lition, yotir propei-ty is slil-)ject tc) a coli@@itiolial use periiiit
'111' wi g Iis
, 1) n . C, of tll@,, parc(,,l @is @,i ceinetery, niliLl,'@ieuiii, ,tnci (,oliiiiiL)ariulli. Yc)u indicate that
a I)oj lic)n o,,* ,'Ollr I)roperly i,,; CLirrelitly in lise as a ceii i,-,teTy @,,.Tl(j tl)e rei-nainirig porli()rl is
tinde@,eloped.
lsstj)@:
Are yoii pjecliidcd froin participatiii,, iii tlie trans@iction of tlie Virginil Bea(,.h City
Coiincil cc)llcerllili, the @,)pliG@itioiis for rezolliTIg Of l,al,,e Ridge Associ@ites fc)r 1,200 acres
of ],,,,nd oji Ilrincess @),nne Ro,,id bec@iuse of yotir owiiersiip of adjaccilt property?
r"Iiscti-ss@Ol'T,
1. A@fil T.)Cfinitiolls:
A. City couiicil i,,; a governinejit@il ,igency, @is it is a legislative branch of local
goveri-inieiit 2s derined in SS 2.1-6@)9.2 of tlie Virginia State and Louil Governmeiit Conflict
of Interests Act.
B. Yo-u are @in off@iccr wjtliiii tlie ineaniiig of SS 2.,I.o@39.2 of the above-referenced
Act.
I
Councilman Louis Jones -3- May 28, 1991
Re: Reqti(@;t for Coiiflict of Iiiterests Act Opinion: AI)plicatioiis fo@-
RezoiiiTig by Lake Ridge Associates for 1,200 Acr(,,, of l,and oTi
Pijncess /@iie Road
C. The appli@ition for rezonin@ to be @,otcd ()ii ])y City Couiicil is a "tr,,Allsactioli"
1-@s defilied by the Act. The Act defiiies a traiisictic)ji as "@itjy c()Ilsidere(i by
,iny ... goverriiiiejital igeticy on wlijcll ofi'icial ,ictioll is t,,ikeit c)r c'-)nteiiiplatc@J." SS 2.1-639.2.
D. "Personal interest" is (lefined in 2.1-63(,.2 @is beiiig a finaiicial b,,iiefil oi-
li,il)ility which accrues to In officer, eiiiploye oi- to ,iii iiniyie@di@tte 1,iirily ir@ein-I)el.
ijiterest exists by r(,asori c-,f oile ol@ fivc, spccific@d tl)creiii as: 1) o'A,n@,,.iship irt l
busitiess if tlie owner,,illip interests exceecls 3% of tti,@ to@,-il eqiiily of tlie 2)
anni.ial incomt from owiicrsliip in I-ell or perso,,i,,)] pi-of)cfty or a biisi)ie@, i;i oc
$10,000; 3) iroj@i the tise of propert,y or p@ti(I t)y t bu.,iiiiess tl),Ii excef,@Ci,,; $10,,kj,,-)o
anjitial'@y; 4) ov,,nersl)il) of r,@al or persotiil I)rol)c@ly tlie ii-iteiest ill
value, exclusive of owiiorshili in a business ()r ,,,aliry-I 5) I)crson,,ll liability oi
assuined ori belialf of @i biisiri,,-,ss wliicl) exce-cls @)Oo ();@ ttie asset vL,,Ij!e ol@ iii,@, I)ii
t,,. Se(,tioii 2.1-639.2 dcfiiies ,j "p-rson@il in the traiis,@ction" @is
@@,i (,ffi(@er oi- eilil)loyec,, )r ;t ilieiiibe-r o@ his iiiiiTicoiZ)te ha, a
-)rope,
i , iy or a busiti-,,,,s or )DY ilicli@'i(Itial ol siic@h propoi t,, li
or repi-cf,,ented iiidi,,7i(lu@ti (i) i,,, the stib,iect o@ traii@3ctic)li ol, (ii) ip@"y a
re,asonat)ly fore,'@ec@ible dircct oi- iiidirect@ beiiefit ()r cl@-!riineiit @!.S tlie reslilt (r tll(@
cuiisiderin(, tl)e traiisactioii.
ii. Apl)lic@itioii of Definitions:
A. Pei-sojiil IDterest
You h,,tve @i I-)ersonal iiiterest iii the l@iii(i yoti o%vi-i oti Priiices@ Allile P,(),](]
by virttie of @'ts value ill excess of $10,000.
B. l'--rsonal Interest iii a Tr,,jrisactioii
In order to li@ive a personal interest iii the trai-isactioii, yoiir pj(lpertv iniist
be either the sul)ject c)f the traiis,iction or realize a reasojiably forescc,,Iblt, diit,,ct or
indirect beiiefit or detriiiient is a result c)f tlie transactioi-i. Clearly, yotir properiy i,,; ])()t
the subject of the transactioii. FJowever, the qllcstion of "reasoi3al)le fc)l-cs(,e@ibij@Lty"
remains.
'fhe approval of the conditional zoiiijig appli(@atioiis of Lake Ridge A-@ociit--s
would amount to a niijor land use cbange in the City. Because -the r-zoriing is so l@irc,@
in scope as to substantially change the land use in that area, ID adjaceiit I,,iiido viier wlio
Councilnian Louis Jojies -4- Miy 28, 1991
Re: Reqtiest for Cojiflict of Interests Act Opinion: Applicatiolis for
Rezoi)ing by Lal@e Rid@e Associates for 1,200 Acres of @, i)d oil
Prir.cess /Une, RL)ad
i,; similar@y situate(] to tli,- Loke 13,idge property coiild arguably expect to be treated
1/2il-nilarly with respect to @t iezojijiig ipplicatioll.1 Tilerefore, I concli-ide tilat it i@@
re soi,.ably foreseeal)lc tl)a" the oi,,Ilcome ot the @ipplications foi tlie rezoiiing of Like
Ridge Associates m@iy liave ii a@,@fect on yotji- property and thus you h@ive a pcrsoliil
iril(,rest iii the trzinsactic)ji witjiiii tlie riieanin@ of the Cotiflict of Ijitcrests A(,t.
The trans,,ictic)ii befoi-c the Cotincil does not, however, @if)ply solely to your
propei-ly. Yoti are @i meiiibei- of a grolip of owners oi pi-operties iii ill@ i,ear pro),.,imity
of ttic,, L.ake Ridge p@ticel wlio will be simil@irly affected by the Colincil's N,ole iii the
rezoning (tfic Pl@iliniii,, Dep.,irtjiient advises tlierc @ire @il ]e-ist Illiirty tllree (33) iinniecli@il@cly
atlj,lceiit p@ircels). l@,eiefol-e, it is ftiitlier iiiy opiiii()ii tli@it you iiiay parti(@ii)@tte in the
Cc)iijicil's discli,,ision aiid vote coricerning th(, re--onin(, @is loll" @ts you CC)MPIY
'fiS(@IOSIII-C TeqUirenieDtS ol@ SS 2.1-6-)9.14(G).2
Disclot,-,iiT-c lZt@(itijrement",
ci) tlie opillic)ll tli;tt Yoli niay p@irticip.-tte in tlie rezoning applic@itioji!; of
Rid@,,c Associ@itcs upoii disclosiire ot your person@il iiitere!jl; stich dis(,,Iosure inust ijiclude
,jL that ),ou ire @il)le to pirticip@ite iii tlie ti-ansactio i@@i
n ii,ly, objectively, tii(i in
tl)c f)@iblic interesi. A. propc)@;c(i discl()SLIre letter wlijch comlilies with SS 2.1.639.14(G) is
for yotir cot-ivenience. Yoti iiiay eitlici- iii@ike this declaralioti orally, wfiich is be
recor(led iii th@ written iiiin@ites of th City Council, or you niiy file a sigiie(i A,ritteil
(-Iecl@)ra@ljoji wiih tlie (lerk of City CoLilicil, WI)O shtil retain ind make tiiis doclim,-nt
,iv,iil,ll)le for ptiblic insl)ectioii for ,i period of fivc (5) y@irs 1roi-n the date of rec,)rdin@, of
recc.,il)t.
It' a land u@o is perinittcd to one laiidowner, it cannot be restricted to nother landowncr
wlio is s@Iiiiilai-ly sittiate(l, unjess iliere are piiblic health safety or welf-,ire considerations. Suell a
restrictioii would cc)nstitute both @i denial of equal proteclion aiid due prc)ccss. Board of
of J@imes Citv Ct)uiitv v. Rowe, 216 V@l. 128 (19-/5). See also @t, )f@M,,inissas v.
224 V@i. 12 (1982).
See SS 2.1-639.11(A)(2) of tlie Code of Virginia and opinion of the AtLorney Gei)erat datcd
Scptcml)er 20, 1990, to Councilmcmf)er Nancy K. Parkcr.
Cotincilin@in Louis JoDes -5- May 28, 1991
TZe: Re(juest for CoTi"lict of Jiiterests Act OI)inion: App)ic@itions for
Rezoniii(, I)y IZi(ige, AFs()ciates f()r 1,200 Acres of I-and (,n
Priiicess Aiine l@lo,,ici
Tlie Conflict c)f lr)-,,erests Aci (te@ils witli tl-ie types cif influe-qces ul)oji a public
officer's jti(I riient wlli(@ll ,ire cje,,i,-Iy inif)roper. liw tio(-s not, however, prol@ect @gaifist
all appear@inces or@ iinrrc)pei- iiifluc,iicv.,,. Ill tll@it respe(@t, t'i Ac@t places the biti-(Icii on tlie
in(.iividii,il ofi@if-,.er to evalt),itc@, tlie facts pi(,seiited cr(@ite an 3ppeariiict, of
iiiil)rof))iety @%,hi@-l@ is unacceptable (,r whicli v@otil(J ii@fe(@t thc cojificleiice, o"@ the, pul)lic in
the officer's ,tbjliiy to I)e iiiipirt,@*@ll. I li@IV(,- Ol)ill(,d tliat ycii iiiay participite in the
traiis,ictioTi @,ifter i,,Closure,. if Yoll @lle CO)ICCrT]Cd tilat 1)2rtiCil-);I[ilig ill tlie
tTansaction, t,,veii @ifter di@;clcsiir(,,, ci-eLtlc,,s @Iji @'ou MLIY ab"tain
fi-oin votijig tind(-j- SS 2.1-6311.1@(E) provi(-Ie(I ill@it Vou f'ij-st yo,ir ijiterest in tlie
tr@iiisai.-,tion. T li@ive Ijsc) ,i j)j-oposcd @ib,;[ejitiorl l@t@'el- (@otfii)iies witli SS 2.1.
6-)9.14(1-,).
Ilic,,is(. coii[act iiie s'liotilcl yoli desiie @iiiy i(iclilioi@@,l itifc)lrn@iti()n.
Veiy trijly yc),@ij:;,
Leslic, L,. l,iii,@y
LLL/elli
Enclo@tires
Seeii @ind Coiicurre(l:
,iltli's Attoi-jiey
Tlie Honorable )\Tp-n v
Merribc,-, Vi
C,@t, CUnc;l
604 Gc)3dsbo@o
Vi-bir]iP- :3e,@ich, Vi,'giriia 2,.,@53
Pu=uLnt tO
h,@
of t V Cf 11,
e,4 Lf" -
-o
V1601-Y odillioli cncier,,t@, 'o vol: ri v
fc7 @-ity ()f Vil Bepo,@
(3ri 11
Tic@
'he inr(
Dazad c)n @;n
L in-
n,@y
2r. -:Ii,
YOI-l -e a rnc!!iibc.,, of ,!,e (th'.
-,as [,DD
0@l, for
f -,,IL,, tic C)W,,l
@ol. S-L,- @h t v
pri" @oi@@
!Lllll@i)wl(; ow7i
,'nits it! '-@e of
i, iiot i
Dr,or)E-,rty@
ii, to the m@ip
L)LL"
t
whose lc)catio?, 'tion C) ri -I!
.3 ir, rl-l@ tc)
yo- azid Pt leL,.St 16 @"ho6@ o,
.ic)n @s Di@ to L y
vi!iether th,- Ac-@ @)rokiibiL, you f:,r,)rl@ iT!
siol,3 mtid vote on zippiicltioll
da-i--d Az,,
you to
-1, onivezilttl,5 Conclildc'l,; 1IL.@L
90, tlie Corrim
-c-so@l ;ntt@-rert iii t@le :.ezo
I ilicf -LL) (iisciliallry frc)rll
Paz'icipatio,i @@n thL Council,
dl@ic 'n z@,ld VII)t--.
A.
a Erlemb--!, oP the CotincH, you a-,t@ -n Of F IOC@ "Z'Overr,.meiiz@) -@geiacy,l
subject tc, the Actl,- L)rohibi-lioz)-s anc! See "T
-1 qe ar)olication leeks -10 z-ezone th, D,-ini-,wpter property f om tlie 1,7.-ED (siriglc- lami-
ly/(j,-,Oiex 50LI S,,)uare ot lo,) c@if: io, I
@eat -o the 0-1 (ollice) c@i,leati
on.
71
The Ilonarat)l- Nan(,y parker
F,epteinbei, 20, 1990
Page 2
A @Persoriiil i"tcl'est" is defined jr, 2.1-639.2 as
s fiiiancial befiefit Or li;-bility accTLlillg to an OfFi(-,er or m,l,,,f, or to a
I @' hi:3 immedlaie famllv. Sucli inter@+
n,ernb,E,r o . 'gi@ exi@t 1)@, r-e.,-son of
owne-@hip in a b,@iness if the owiie,,@hir) interest exce@ i'@E- p@.rcent of
tlie tot (-ouity of the btis@'TIe@s; (ii) annil@ ;iicoine that excee.,is, or ill@ay rEa-
sonably be ant;(,;E,,Bted to excc@f-,d, f,@oin owner@@hip In rtal or
Droperty or, a bu,-ines.,3; (iii) sala-,-y, 3@hcr comDerL,,,,iti,@n, i@-irice or
@enc@i7Ls f-orp tlie tl,,ie of pr,)Derty, o- ariy com bina@lik)ii -Ltierc-of, or C)rc-
v- d by @i bLLi e s thpt or rnny t,,e
e-,ceecl, $10,000 'IiinLP-Ily; (;v) C)Wneni,@iD o@ real ()r Dt@rsc3n.,,l if "he
iii'ler@t cxc-c-,ds $'-,0,000 in @Ialue
aiid exr-,Iu(Iiii- o@,,norshir) ;ri P, I)u
or ,@,a@irv, othor colr,.Don@,atioil, fi,;i@@e benef;i., or bencf@rs 'he
01' pr-ope,-ty; ci7 (V) pe.@orial liability incii,-,-red ci' P@silmLLI oil t)e@inif of a
b,osiness if tli@ iiabil@ity LD@l@cel"L Of -L@1'2 as@-@-L vtJu@-, (,f th@,
e hy any
"ariy
or ot@o" enl:t,, o@
a,,!tion i:j ta@,e@i or, Id.
deiiied in
Ders,)npl iii'lerest of ar@ o@finer o@ elnr)loy@te ir., any m.,i'ter con!,idoroJ by !@is
a@,,aiicy. Slicn )e@,,onpi Interest ex@,-,ts wlien an of@@ic,,er or E--.,nployce or a
iii(,,,nbet, ci@ tii@, iiameclip-tp fai@qily n@- a pe!r!3onal in'Lerest in orooet,ty or
bLisiiiQ,f,-g, or- re!n:,fs@nts aiiy nri@v;dual or bzisiness anct svc,.h prol@,,t-y, L)L@sine-@
or ile.1),@@@s@,iiiecJ indivi(iiipl or bi,-,iiie3s (i) is the giib'je@et of the !.t-aii.@ clion or
(il@ F-@IPV rc@alize a @eLsatial@ly dire<- r ,idire@-ct bc@ii(!fit o@
t o dc.@,i-
!Yicnt as s of @i@ P,,czic>ii of tlie eoiuicie@,,ing 'L,he trarsactioll.
B, TrEinsp-ctio,l)s
,qccl,juxi i@A) restri(,Is tl)e abilit@ of aii to r)@iicinatt-. in an offic@@
'Li'L,nn,Action his FAi,@ericy wht@.,i the of liccr has P pe.@,sonal inte@r@st @'it the tranS8CtiOI4.
an lies solely t() prooert or a 'Dusin@-,ss iri wi7icli the op,@icc- ., p -
p - - y r hi, i a er
reqijires the of@icer's di@,iia@ification froin 1)articiDu"@on
ii-, th,?. trziiisaction and the rec!ordalion of that disatialifi,-,a'lion. ff the "ra@action E@Ifects
a @olip ,)iI individu@ or b@n@.,@es and the officer Is a mefrber of that 7,rouii or has a
pe!..-ional ititf@rent in a business tiaat is a membl@r of the groud, provldc-s
ihi,,-L tl)e 'Iftnlay parti(,inatL- !.n 'he transaction if he is a meiiiber o a . . . group
l@@o of whiell are affe-eted by 'Lhe transaction, atid hc,, COITIplies Witit the declitrp--
'l.i(@in r@-qt-,iremeiits of fS @+ion 2.1-69.11(A)(3) permit5 the officer to
PP-i iri tt)e t:7alishetion, iiltnout any di@ciosue or declLrat@on requiremcnts, it the
ef@t5 the ptiblic gelleraey, even though the peisoial interest of the ot"ic@,r,
P@:3 a m@rnbl-r <)f the public, @o may be affected.
provides:
The -Tlonorable Nancy K. PzL-ker
septem@ 20, 1990
Page 3
A,i officler or employee of jo@ government who is required to declare his
interest pur5u&nt to 9 1 (A)(@@) sh&U d,-@-iare his int--rest by stating
(@) the transaction ir.,volved, (ii) the nature of tile officer's or emplovee's per-
SolipI ititercst affecild bY tile transaction, (iii) that he Is a member of a
busliienn, profe@ion, occunatiori, or g!,oup the membe.-s of which are affected
by the trat@.gac+ion, and (iv) thp-t he is able to p@,ticir)ate in the traii@gaction
f,ai.-ly, obji2'clively, aiid in the oliblic interest. 'J'he of?ice@ or emdloyee sh@l
eith--i- @nake his cleclan,.tion orp-Hy to b@ recorded iii writtcn minlites o" his
8.geTicy or file a sii!,ned writien dec@-ation with the clerk or adniinistrative
head cf hi,@; @ovc-rnmentpl or P(jvi.@ary agen--y, as a-DDrop,-ip-te, who shall, iii
cithe- rctain and inalce availablc-- for public such deci@ation
for a period ot ?ive ye,@s the date of reec)rding or receipt. If reasoti-
able tiiyje Li not availati@ to coitiply with "he nrovisioii5 cf !his subsection
pric)r to partici,,)ation in the trurisaction, tlie o@fic,-@r or .3mr3loyee shal' pre-
pa2e at)d Pilc the declaration by the end of tlie nc@,-t b=illlss day,
-on,. Votin@_ Rez,)ninv, A nuir--,-4
,.or t)urpor,,@,3 of i-iic a husbaiid a@ld wil@e arL "reated a-, oie n--rson, a-,id I'le p--r-
ii).Lrest3 c,@ oiie V-I'C i,nDUtCd tO the otiiei,. S-2e 9 2.-@-C),19.2 ("i Tilmediate
laTI)i!Y," "re@orial Yoll
)Eive a De@sc)n@il ill ttie pror)ert,, owiled bv you
4,.Tin v,Dtir iiiteT-cz;@ in th,,t P.-OL)@-rtv eyc-ed.,j @l 0,000 in v@ue. See
-6@9 .2.*' In !l),-, @acts vc),-, tlie Irar,@ecti,-)n is 'h- delibera'ior. anJ votl by -h-
S 2.1 L L
C,OL!nCil on Driiikivatef;'s pppi ication. -You have a pe.@-ona-I iiiteiest in thL@
t@r,@@c@ion @f thc actions will liave a "reason,,It@ly loreseeablell direct or
ef-,'ct-t on vour prc)per"N@. E, c ic@.
tlie rctzonin,@ o@ 'he F)riiikwater prooerty covid ef@ect the values of neigii-
t,,orirIL7 PropLrtie,,.i, yc)Lt and votir hu.'Ibtz)(I "rtiay rcniize a reasonably foreseeable direct or
bencf it or cl,,-tr-imeiitl as a resl)-It of tlie action of tht- Council. It is my Ot)inion,
a u lave @ the rezoning
.here@ore, 'h ' , yo -, L)e,@onal interest iii the Cotii)cil'5 conside.-P-tior,. o'
auplication. @Y'lic traiisnct;ori before the Couiicil does jiot, liowever, apply @iely to yotx
propc,,-ty, riece.@tating your di@(iiiahf i,,-atioti p=ulqnt to 5 2.1-639.,II(A)(1). Id. ("personal
Znt(@rost in a provides tliat a l@al goverriment
of@ic--r "f,,iijiy part4cipatc ill ,he transac, - Ion if hc is P inem@r of a . . . @roup the mem-
@r.9 of v@hich are zL-Pf@,@ted by tlie tra@action, and hp complies with the dec@ation
of f@ YC)u E,,re a member o' a group of owners of proderties
in the vi@Inity of the Drinlcwater property -,A,ho wiL) bL similarl@ affected by the Council's
vote on the rczc)iiir . @f'h !-.L- ilre at lea-,t 12-16 othet, ,)arce3-3 whose locations in relation
to the DrfnkwLtcr property @e to youn. It l@. further my opinion, therefore,
that you may 1,,,Urtici@)ate ir, the Cc)L.,neil's discussiin ai)d vote conceriiing the r--zoning
2L)plicat@@n, us lonu yoL- coiriply wlh the disclosut,- and dec!zlratiort requirements of
2For purposeg of tilis oplnlon, I RSSL!ME that the rental dwellings owned by you and
your hu:3bund eacli exceed 'c-, 0,000 in value.
Th,j y
2.0,
j7
I @l'@l cy
y
IORM .0. P.Sl 18
INIER-oFrICE CORRESPONT)ENCE
In Reply Refer To Our File No. CA-3968
DATE: May 23, 1991
TO: Leslie L. Lilley DEPT: City Attorney
FROM: Gary L. Fentress DEPT: City Attorney
RE: Lake Ridge Associates
Conditional Zoning
Proffer Agreement
Council Action Date: May 28, 1991
Enclosed please find a copy of the proffer agreement submitted
with the referenced conditional zoning application. The proffer
is acceptable as to legal form.
Comments As to the Adequacv of Securitv
of Performance For Dedications of Real
Property and Payment of Cash
Section 107 (h) (3) of the CZO requires the City Attorney to
advise the City Council as to the adequacy of provisions securing
to the City the timely performance of conditions for the dedica-
tion of real property or payment of cash when the performance of
such obligation is delayed until the facilities for which such
proffer is offered are included in the Capital Improvement Program.
Real Property - In proffer 9E (p.14) the applicant has agreed
to dedicate certain right-of-way to the City which will be in
excess of the right-of-way improvements needed to satisfy the
demands generated by the proposed development. The right-of-way
in question is described on page 16 of the agreement. The City's
position as concerns this proffer is secure. Proffer 11 (pp.17-
18) provides that prior to any development the property will be
resubdivided so as to eliminate all interior lot lines and at such
time all right-of-way described in proffer 9E will be dedicated to
the City. Proffer 11 further provides that if road improvements
TO: Leslie L. Lilley
FROM: Gary L. Fentress
RE: Lake Ridge Associates
DATE: May 23, 1991
PAGE: 2
for any of the right-of-way have not been included in the five (5)
year CIP then the right-of-way will be reserved and will be
dedicated to the City at such time as the project has been included
in the 5-year cip. As worded, the proffer prevents the approval
of any development unless the proffered dedications are made or,
in the event a project is not yet in the 5-year CIP, reserved for
future dedication.
The proffers are sufficient to assure that the necessary
right-of-way will be dedicated or, if the corresponding road
project is not yet in the CIP, that the right-of-way will be
reserved for dedication upon the inclusion of the project in the
5-year CIP.
Pavment of CA@qh - In proffer 9 (pp. 11-17) the applicant has
proposed to make cash payments to the City to offset the project's
pro rata share of needed capital improvements. The City's position
as concerns this proffer is secure. As concerns nonresidential
developrnent, the proffer requires the developer to pay 20% of the
"Proffer charge" at the time of the issuance of a building permit
and to post a bond or letter of credit (acceptable to the City
Attorney) to assure payment of the remaining 80% prior to the
issuance of an occupancy permit. For residential development the
per unit "proffer charge" must be paid at the t-ime of the issuance
of the building permit. Proffer 9D (p.14) provides that the funds
collected by the City will be used to off set the cost of 1) Ferrell
Parkway Phase II, 2) any other capital improvement in the 5-year
CIP at the time of payment, or 3) any other improvement of a type
not typically included in the CIP (provided that the need for the
improvement is a direct result of the rezoning and has a reasonable
relationship thereto) . This range of alternatives is so broad that
it appears that the City will always be in a position to justify
acceptance of cash payments -- If no CIP projects can be identified
for use of the funds collected, the City will be able to use the
funds for public improvements bearing a reasonable relation to the
development which are of a sort wliich are not typically programmed
in the CIP- Thus, the City should be able to collect the proffered
charges as specified in the agreement.
GLF/dhh
Enclosure
LAKE RIDGE ASSOCIATES,
A Virginia general partnership
TO (COVENANTS AND CONDITIONS)
CITY OF VIRGINIA BEACH,
a municipal corporation of
the Commonwealth of Virginia
THIS AGREEMENT, made this 28th day of November, 1990,
between LAKE RIDGE ASSOCIATES, a Virginia general partnership,
(Grantor), of the one part, and CITY OF VIRGINIA BEACH, a
municipal corporation of the Commonwealth of Virginia
(Grantee), of the other part;
WITNESSETH THAT:
WHEREAS, the Grantor has initiated an amendment to the
Zoning Map of the City of Virginia Beach, Virginia, by
petition of the Grantor addressed to the Grantee, so as to
change the classification of the Grantor's property from AG-1,
AG-2 and R-5D to 0-2, B-2, H-1, P-1 and R-10 on certain
property containing a total of 1192.5 acres, more or less, in
Princess Anne Borough, in the City of Virginia Beach,
Virginia, said property being referred to hereinafter as "the
property", and being generally described as follows:
PARCEL 1:
ALL THAT certain piece or parcel of land, with
the buildings and improvements thereon,
situate in the City of Virginia Beach,
Virginia, and being known as AREA = 134.916
ACRES as shown on that certain Boundary Survey
entitled "BOUNDARY SURVEY OF PROPERTY OF
MANNING FARM PARTNERSHIP", Princess Anne
Borough, Virginia Beach, Virginia, which said
Boundary Survey is duly recorded in the
-1-
Clerk's Office of the City of Virginia Beach,
Virginia, in Map Book 179, at Page 17, and in
Deed Book 2333, at Page 1411.
PARCEL 2:
ALL THAT certain tract, piece or parcel of
land, situate, lying and being in Princess
Anne Borough, the City of Virginia Beach,
Virginia, and being known as 414.305 acres, as
shown on that certain Boundary Survey entitled
"Boundary Survey of Property of R. G. and
Frances Rae Moore", Princess Anne Borough,
Virginia Beach, Virginia, which said Boundary
Survey is duly recorded in the Clerk's Office
of the Circuit Court of the City of Virginia
Beach, Virginia, in Deed Book 2521, at Page
1294.
PARCEL 3:
ALL THAT certain tract, piece or parcel of
land, rights, ways and improvements thereon,
and appurtenances thereunto belonging, lying,
situate and being in the City of Virginia
Beach, Virginia (formerly Princess Anne
County), and being known as 53.217 acres as
shown upon a certain plat or survey entitled
"Boundary Survey of Property of Edwin C.
Kellam, Ref. D.B. 1294, P. 623, M.B. 93,
P. 711, made by Talbot & Associates, Ltd.,
which said plat is duly recorded in the
Clerk's Office of tlie Circuit Court of the
City of Virginia Beach, Virginia, in Deed Book
2386, at Page 739, and in Map Book 187, at
Page 13.
PARCEL 4:
ALL THAT certain parcel or lot of land,
located in the City of Virginia Beach,
Virginia, on the west side of Landstown Road,
and shown as "123.926 Acres" on that certain
plat entitled "Boundary Survey of Property of
Tate Farm Compaiiy", made by Talbot &
Associates, Ltd., dated October, 1984, which
plat is duly recorded in the Clerk's Office of
the Circuit Court of the City of Virginia
Beach, Virginia, in Map Book 186, at page 69,
and in Deed Book 2383, at Page 2005.
-2-
PARCEL 5:
ALL THAT certain piece or lot of land, with
the buildings and improvements thereon,
located in the City of Virginia Beach,
Virginia, and being known as 13.028 acres, as
shown on that certain plat entitled "Survey of
Property of Pay Leong Chue", Princess Anne
Borough, Virginia Beach, Virginia, which plat
is duly recorded in tlie Clerk's Office of the
Circuit Court of the City of Virginia Beach,
Virginia, in Map Book 183, at Page 65, and in
Deed Book 2366, at Page 84.
PARCEL 6:
ALL THOSE certain pieces or parcels of land,
together with all improvements thereon and all
rights, privileges, and appurtenances
thereunto belongirig, situate, lying and being
in the Princess Anne Borough of the City of
Virginia Beach, Virginia, and known, numbered
and designated as 11137.814 ACRES", 11130.104
ACRES", and "PARCEL A (M.B. 93, P. 34) -
3.000 AC." as shown on that certain plat of
survey entitled "BOUNDARY SURVEY OF PROPERTY
OF WINN NURSERY, INC. - M.B. 62, P. 21 -
D.B. 331, P. 146 - D.B. 665, P. 208 -
PRINCESS ANNE BOROUGH - VIRGINIA BEACH, VA.",
dated December 23, 1985, made by Talbot &
Associates, Ltd., and duly recorded in the
Clerk's Office of the Circuit Court of the
City of Virginia Beach, Virginia, in Deed Book
2483, at Page 217.
PARCEL 7:
ALL THOSE certain pieces or parcels of land,
together with all improvements thereon and all
rights, privileges, and appurtenances
thereunto belonging, situate, lying and being
in the City of Virginia Beach, Virginia, and
known, numbered, and designated as "TRACT 1 -
D.B. 315, P. 518 - M.B. 29, P. 44 - 89.957
ACRES (INCLUDING EASEMENTS & CEMETERY)" and
"TRACT 2 - D.B. 299, P. 511 - M.B. 18, P.
36 - 67.453 ACRES (INCLUDING EASEMENTS)" as
shown on that certain plat of survey entitled
"BOUNDARY SURVEY OF PROPERTY OF WINN NURSERY,
INC. - REF: D.B. 299, P. 511 - M.B. 18,
P. 36 - D.B. 315, P. 518 - M.B. 29, P. 44
- FEBRUARY 22, 1985 - PRINCESS ANNE BOROUGH -
VIRGINIA BEACH, VIRGINIA", dated February 22,
1985, made by Talbot & Associates, Ltd., and
-3-
duly recorded in the Clerk's Office of the
Circuit Court of the City of Virginia Beach,
Virginia, in Deed Book 2483, at Page 218.
SAVE AND EXCEPT that certain lot, piece or
parcel of land, together with all improvements
thereon and all rights, privileges, and
appurtenances thereunto belonging, situate,
lying and being in the City of Virginia Beach,
Virginia, and known, numbered, and designated
as "CEMETERY - 0.415 ACRES" as shown on that
certain plat entitled "BOUNDARY SURVEY OF
PROPERTY OF WINN NURSERY, INC. - REF: D.B.
299, P. 511 - M.B. 18, P. 36 - D.B. 315,
P. 518 - M.B. 29, P. 44 - FEBRUARY 22, 1985
- PRINCESS ANNE BOROUGH - VIRGINIA BEACH,
VIRGINIA", dated February 22, 1985, made by
Talbot & Associates, Ltd., and duly recorded
in the Clerk's Office of the Circuit Court of
the City of Virginia Beach, Virginia, in Deed
Book 2483, at Page 218.
Lake Ridge Associates does further quitclaim
unto E. Joseph Ryan, Jr., and Joseph S.
Lovering, Jr., their successors and assigns
all of Lake Ridge Associates' right, title and
interest, if any, in and to the following
property:
ALL THAT certain lot, piece or parcel of land,
together with all improvements thereon and all
rights, privileges, and appurtenances
thereunto belonging, situate, lying and being
in the City of Virginia Beach, Virginia, and
known, numbered, and designated as "CEMETERY -
0.415 ACRES" as shown on that certain plat
entitled "BOUNDARY SURVEY OF PROPERTY OF WINN
NURSERY, INC. - REF: D.B. 299, P. 511 -
M.B. 18, P. 36 - D.B. 315, P. 518 - M.B.
29, P. 44 - FEBRUARY 22, 1985 - PRINCESS ANNE
BOROUGH - VIRGINIA BEACH, VIRGINIA", dated
February 22, 1985, made by Talbot &
Associates, Ltd., and duly recorded in the
Clerk's Office of the Circuit Court of the
City of Virginia Beach, Virginia, in Deed Book
2483, at Page 218.
PARCEL 8:
ALL THAT certain tract, piece or parcel of
land, situate, lying and being in the City of
Virginia Beach, Virginia, and being more
particularly bounded and described as follows,
to-wit:
-4-
BEGINNING at the point of intersection Of the
northern right of way line of Salem Road with
the eastern boundary line of Lisban Road (a
private road); thence running along the
eastern boundary line of Lisban Road a
distance of 986 feet, plus or minus, to a
point in the boundary line between the
property designated, "NOW OR FORMERLY STANLEY
OLIVER MacCUBBIN, et ux" and the property
designated "PARCEL A AREA = 78.058 ACRES" on
that certain plat entitled "RESUBDIVISION OF
PROPERTY OF LAKE RIDGE ASSOCIATES AND STANLEY
0. & ALICE C. MacCUBBIN" dated October 9,
19878, prepared by Talbot & Associates, ltd.,
architects, engineers, planners, surveyors,
landscape architects, and rec6rded in the
office of the Clerk of the Circuit Court of
the City of Virginia Beach, Virginia, Deed
Book 2709, at Pages 2219 and 2220, which point
is the TRUE POINT OF BEGINNING; thence N 22
411 54" E, a distance of 950.33 feet to a
point; thence N 20 33' 47" E, a distance of
346.98 feet; thence S 77 26' 01" E, a
distance of 231.77 feet to a point; thence S
75 451 3611 E, a distance of 328.08 feet to a
point; thence S 13 14' 5411 W, a distance of
607.04 feet to a point; thence S 71 271 46"
E, a distance of 360.35 feet to a point;
thence S 30 291 49" W, a distance of 337.70
feet to a point; thence S 16 10' 4311 W, a
distance of 349.98 feet to a point; thence S
08 001 4311 W, a distance of 81.84 feet to a
point; thence N 70 14' 1611 W, a distance of
1,014.80 feet to the TRUE POINT OF BEGINNING.
IT BEING a part of the property conveyed to
Stanley 0. MacCubbin and Alice C. MacCubbin
by Deed of Stanley 0. MacCubbin and Alice C.
MacCubbin dated March 24, 1979, and recorded
in the above Clerk's Office in Deed Book 1885,
at Page 271.
IT FURTHER BEING a part of the property
conveyed to Stanley 0. MacCubbin and Gertrude
S. MacCubbin by Deed of Gertrude S.
MacCubbin dated July 10, 1963, and recorded in
the above Clerk's Office in Deed Book 789, at
Page 196. Gertrude S. MacCubbin died on
August 4, 1978, and by her will, recorded in
Will Book 52, at Page 787, devised all of her
interest in the property to Stanley 0.
MacCubbin.
-5-
WHEREAS, the Grantee's policy is to provide only for
the orderly development of land, for various purposes,
including office, medical facilities, nursing homes,
residential, apartment, business, hotel, preservation,
educational facilities, golf courses and sports complex
purposes, through zonirig and other land development
legislation; and
WHEREAS, the Grantor acknowledges that the competing
and sometimes incompatible uses conflict and that in order to
permit differing uses on and in the area of the subject
property and at the same time to recognize the effects of
change, and the need for various types of uses, including
office, medical facilities, nursing homes, residential,
apartment, business, hotel, preservation, educational
facilities, golf courses and sports complex, certain
reasonable conditions governing the use of the property for
the protection of the community that are not generally
applicable to land similarly zoned 0-2, B-2, H-1, P-1 and R-10
are needed to cope with the situation which the Grantor's
rezoning application gives rise to; and
WHEREAS, the Grantor has voluntarily proffered in
writing, in advance of and prior to the public hearing before
the Grantee, as a part of the proposed amendment to the Zoning
Map, in addition to the regulations provided for in the 0-2,
B-2, H-1, P-1 and R-10 districts or zones by the existing
overall Zoning ordinance, tlie following reasonable conditions
-6-
related to the physical development and operation of the
property to be adopted as a part of said amendment to the new
Zoning Map relative to the property described above, which
have a reasonable relation to the rezoning and the need for
which is generated by the rezoning; and
WHEREAS, said conditions having been proffered by the
Grantor and allowed and accepted by the Grantee as part of the
amendment to the Zoziing Ordinance, such conditions shall
continue in full force and effect until a subsequent amendment
changes the zoning on the property covered by such conditions;
provided, however, that such conditions shall continue despite
a subsequent amendment if the subsequent amendment is part of
a comprehensive implementation of a new or substantially
revised zoning ordinance, unless, notwithstanding the
foregoing, these conditions are amended or varied by written
instrument recorded in the Clerk's Office of the Circuit Court
of the City of Virginia Beach, Virginia, and executed by the
record owner of the subject property at the time of
recordation of such instrument; provided, further, that said
instrument is consented by the Grantee, in writing, as
evidenced by a certified copy of an ordinance or a resolution
adopted by the governing body of tlie Grantee, after a public
hearing before tlie Grantee advertised pursuant to the
provisions of Code of Virginia, Section 15.1-431, which said
ordinance or resolution shall be recorded along with said
instrument as conclusive evidence of such consent;
-7-
NOW, THEREFORE, the Grantor, for himself, his
successors, assigns, grantees, and other successors in title
or interest, voluntarily and without any requirement by or
exaction from the Grantee or its governing body without any
element of compulsion or quid pro quo for zoning, rezoning,
site plan, building permit, or subdivision approval, hereby
makes the following declaration of conditions and restrictions
as to the physical development and operation of the subject
property and governing the use thereof and hereby covenants
and agrees that this declaration shall constitute covenants
running with the said property, which shall be binding upon
the property and upon all parties and persons claiming under
or through the Grantor, its personal representatives, assigns,
grantees and other successors in interest or title, namely:
1. The Grantor covenants and agrees to employ a
Comprehensive Stormwater Management Plan 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. The Comprehensive Stormwater Management
Plan shall include the following elements:
(1) A detailed description of the existing
environmental hydrologic conditions of the
site and receiving waters and wetlands;
(2) Changes in topography resulting from
construction of the golf course and all
subsequent development;
(3) Areas where naturally occurring vegetation,
including trees, will be preserved to
protect wetland areas, wildlife habitat, and
natural drainageways; and
(4) Areas where regional Best Management
Practices facilities will be located.
2. The Grantor shall develop and complete the golf
course prior to commencement of construction of any other
structures, buildings, or dwelling units.
3. The Grantor covenants and agrees that no building
permits will be applied for in any of the zoning categories
approved other than for tlie golf course and related facilities
until the completion of the golf course or January 1, 1993,
whichever occurs later.
4. The Grantor shall install at its own expense a
sanitary sewer force main from the existing HRSD force main
located at the intersection of proposed Ferrell Parkway and
Princess Anne Road, as may be reasonably required to meet the
demands created by this development without cost to the City
of Virginia Beach.
5. The Grantor shall install at its own expense a
water line from the city existing water line located at the
intersection of Princess Anne Road and Landstown Road, as may
be required to meet the demands created by this development
without cost to the City of Virginia Beach.
-9-
6. The Grantor shall construct at its own expense all
on-site sanitary sewer, water lines, sewer pump stations,
stormwater retention and drainage systems, as may be
reasonably required to meet the demands created by this
development without cost to the City of Virginia Beach.
7. The Grantor shall install at its own expense an
on-site roadway system as may be reasonably required to meet
the demands created by this development without cost to the
Grantee. No provisions of this agreement shall be deemed to
erode or undermine any ordinances or policy of the City of
Virginia Beach in its review and approval of the systems
involved.
B. The Grantor will submit to the Planning Department
for approval by City Council, development plans which shall
include reasonable design criteria standards for the property,
on a section-by-section basis, prior to any development within
that section. The design criteria, which shall be in the form
of deed restrictions which run with the land and which shall
be enforceable by the Grantor to insure uniformity and
compatibility within the development, shall address the
following elements:
a. Landscaping
b. Street treatments
C. General architecture
d. open space
e. The protection of natural habitat
f. Pedestrianways
g. Sign control and design
h. Amenities, including common sites for social
events, coordinated lighting fixtures, site
-10-
furniture, fountains, sculptures, etc.
i. Site design
J. Aesthetic treatments for loading and dumpster
facilities
k. Permitted uses within each section
1. Access and internal circulation for each
portion of the development
When the proposed development plan and deed
restrictions have been completed by the Grantor, they will be
submitted to the Council of the City of Virginia Beach for
review and, if both are approved, the deed restrictions shall
be recorded in the Clerk's Office of the Circuit Court for the
City of Virginia Beach, Virginia, together with a certified
cooy of the ordinance or resolution confirming the approval of
the development plans and deed restrictions, which said
ordinance or resolution shall be conclusive evidence of such
approval. The development plan shall not be filed in the
Office of the Clerk of the Circuit Court of the City of
Virginia Beach, Virginia, due to its size and length.
9. The Grantor covenants and agrees to pay the
project's pro rata share of all of other needed capital
improvements reasonably required to meet the demands and
impacts created by this development, including, but not
limited to, off site roadways, drainage, schools, libraries
and fire stations. The requirement of such capital
improvement contributions by Grantor shall be as provided for
in the Comprehensive Plan and conditional zoning ordinance of
the City of Virginia Beach adopted March 5, 1991. The Grantor
agr6es to pay their pro rata share based on the following
schedules:
FOR EACH BUILDING PERMIT PURCIIASED DURING THE TIME PERIOD
BELOW, THE PROFFER CHARGE SHALL BE AS SHOWN FOR THE APPLICABLE
USE.
SCHEDULE I
NON-RESIDENTAL PER SQUARE FOOT
Time Period Office Retail Industrial/
Hotel
01/01/93 - 12/31/93 $2.55 $2.97 $.67
01/01/94 - 12/31/94 2.61 3.05 .69
01/01/95 - 12/31/95 2.69 3.13 .71
01/01/96 - 12/31/96 2.76 3.22 .73
01/01/97 - 12/31/97 2.83 3.30 .75
01/01/98 - 12/31/98 2.91 3.39 .77
01/01/99 - 12/31/99 2.99 3.49 .79
01/01/2000 - 12/31/2000 3.07 3.58 .81
01/01/2001 - 12/31/2001 3.15 3.68 .83
Any proffer charge occurring after December 31, 2001, the cost
will increase at 2.7% annually.
SCHEDULE II
RESIDENTIAL
MARKET VALUE
Time Period $100,000 $150,000 $200,000 $250,000
01/01/93 - 12/31/93 $ 4,870 $ 4,075 $ 2,557 $ 1,039
01/01/94 - 12/31/94 5,045 4,221 2,649 1,077
01/01/95 - 12/31/95 5,227 4,373 2,744 1,116
01/01/96 - 12/31/96 5,415 4,530 2,843 1,156
01/01/97 - 12/31/97 5,610 4,693 2,945 1,198
01/01/98 - 12/31/98 5,812 4,862 3,051 1,241
01/01/99 - 12/31/99 6,021 5,037 3,161 1,286
01/01/2000 - 12/31/2000 6,238 5,218 3,275 1,332
-12-
Any proffer charge occurring after December 31, 2000, the cost
will increase at 3.6% annually.
For residential values between those shown in the
above schedule, the proffer cliarge shall be determined by
interpolating between the proffer charge shown for the closest
value higher and tlie closest value lower.
For residential values less than or greater than those
shown on the schedule, the proffer charge shall be determined
by extrapolating from the two closest values shown in the
schedule.
A. Grantor agrees to make payment for each
residential dwelling unit as provided for in the schedule
contained herein at the time of purchase of the building
permit for such dwelling unit.
B. Grantor agrees to make payment for each
nonresidential use as provided for in the schedule contained
herein. Twenty percent (20%) of such payment shall be made at
the time of the purchase of each building permit and the
remaining eighty percent (80%) shall, at the same time, be
secured by a bond or an irrevocable letter of credit
acceptable in form to the City Attorney, which shall secure
payment of the remaining sum which will be due prior to the
issuance of the certificate of occupancy.
-13-
C. All payments will be made to the Planning
Department payable to the Treasurer for the City of Virginia
Beach.
D. All funds collected by the Grantee will be
utilized to offset the cost of the Ferrell Parkway Phase II
road project or, at the discretion of the Grantee, any other
capital improvement in the five-year CIP at the date the funds
are collected, or any other improvement of the type not
normally included in the CIP, so long as the need for the
improvement is a direct result of this rezoning and has a
reasonable relationship thereto. Should the City of Virginia
Beach fail to utilize the cash proffers or any part thereof
for any of the purposes set forth herein within ten years of
the payment of same, then any of the said sums not so used
shall be returned to the Grantor or other parties making such
payments.
E. Grantor agrees to dedicate to the City of Virginia
Beach such additional rights-of-way as may be required by the
City in excess of the rights-of-way which will be dedicated by
the Grantor for roads which will be constructed pursuant to
proffer #7. Grantor shall be given credits for such
dedications of additional rights-of-way to be applied against
the proffer charges designated herein. The value for the
dedication of the additional rights-of-way shall be as
indicated in the following schedule:
-14-
SCHEDULE III
CREDIT VALUES FOR RIGHTS-OF-WAY
Date of Dedication Per Acre
01/01/92 -12/31/92 $60,000.00
01/01/93 -12/31/93 61,620.00
01/01/94 -12/31/94 63,283.00
01/01/95 -12/31/95 64,992.00
01/01/96 -12/31/96 66,747.00
01/01/97 -12/31/97 68,549.00
01/01/98 -12/31/98 70,400.00
01/01/99 -12/31/99 72,301.00
01/01/2000 - 12/31/2000 74,253.00
01/01/2001 - 12/31/2001 76,257.00
For dedications made after December 31, 2001, such amounts
shall increase at 2.7% per annum.
Such amounts shall be in the form of a credit to the Grantor
to offset proffer charges to be paid by the Grantor as
provided for herein.
F. The Planning Department will maintain appropriate
records of credits received and credits released. Interest
will accrue on the credit balance at the rate of 2.7%
compounded annually on the first day of each year based on the
total credit balance as of the last day of the previous year.
Benefits of such credits shall accrue solely to the Grantor or
its designated assignee. In the event credits are assigned,
Grantor will notify the Planning Department, in writing, of
such assignment. Proffer charges shall be offset by the
credit in accordance with the following schedule:
-15-
SCHEDULE IV
PROFFER CHARGE OFFSET SCHEDULE
DEDICATION CREDIT RELEASE
The first $1,000,000 in proffer payments shall
be paid 30% in cash and 70% by credit release.
Thereafter, all proffer payments shall be paid
60% in cash and 40% by credit release.
Until such time as the dedication credit fund
is fully utilized, at which time subsequent
payments will be made wtiolly in cash.
As of the date of this agreement, the additional
rights-of-way which have been identified for purposes of this
proffer are as follows:
1. Ferrell Parkway Pilase II/Princess Anne Road - 941
right-of-way from the center line of existing road
2. Landstown Road/Elbow Road Extended - 150' total
right-of-way
3. Future Major Arterial - 1501 total right-of-way
The Grantor acknowledges and agrees to dedicate any
additional rights-of-way which may subsequently be identified
as being needed by the City and which are in excess of those
rights-of-way to be dedicated and constructed by the Grantor
pursuant to proffer #7. For such additional dedications of
rights-of-way credits shall be awarded the Grantor as provided
herein.
In the event that any of the real property that is
dedicated to the City of Virginia Beach, pursuant to this
agreement, is not utilized for the purpose as identified
-16-
herein within 20 years from the date of this agreement, then,
the City may devote same to any purpose it may deem
appropriate.
Grantor recognizes certain revisions to the alignment
of the above roadways may be required and agrees to any
reasonable adjustment of the development plans submitted by
the Grantor to accommodate such alignment revisions.
10. Grantor shall reserve for acquisition by the City
of Virginia Beach and/or Commonwealth of Virginia the
right-of-way of the proposed Southeastern Expressway as shown
on alignment BE-10 adopted by the Virginia Beach City Council
on March 26, 1991. This reservation shall be for a period of
ten (10) years. The purchase price shall not exceed the
amounts in the following schedule:
SCHEDUI,E V
SCHEDULE OF PURCHASE PRICE FOR RIGHT-OF-WAY
Time Period Per Acre
01/01/92 - 12/31/92 $60,000.00
01/01/93 - 12/31/93 61,620.00
01/01/94 - 12/31/94 63,283.00
01/01/95 - 12/31/95 64,992.00
01/01/96 - 12/31/96 66,747.00
01/01/97 - 12/31/97 68,549.00
01/01/98 - 12/31/98 70,400.00
01/01/99 - 12/31/99 72,301.00
01/01/2000 - 12/31/2000 74,253.00
01/01/2001 - 12/31/2001 76,257.00
ii. The property will be subdivided so as to
eliminate all interior lot lines with the result that the
property will be consolidated into two parcels, divided by
-17-
Landstown Road. This resubdivision will be undertaken prior
to any other development on the property. This resubdivision,
which is for the purpose of consolidation of all parcels,
shall not require the review or approval of the City Council,
as may otherwise be provided herein. After the property has
been so resubdivided, no further subdivision or development on
the property shall be undertaken except in conformity with all
proffers contained in this agreement and all applicable laws,
codes and development regulations. The subdivision plat shall
locate and quantify the rights-of-way, alignment and acreage
identified in proffer #9.E. for the purpose of calculating
credits in accordance with tlie schedule contained herein.
The rights-of-way described in paragraph 9E shall be
as shown on the subdivision plat described in this paragraph
and shall be dedicated to the City upon the recordation of the
plat. Provided, however, that if at the time of the approval
of the subdivision plat any of the described roadways have not
been scheduled for improvement in the City's five-year Capital
Improvement Program, the Grantor will reserve such
right-of-way. In such event, the subdivision plat will
describe the right-of-way and will reflect that the
right-of-way is reserved for dedication to the City of
Virginia Beach. Thereafter, the Grantor will dedicate such
right-of-way to the City at such time as the corresponding
road improvements have been programmed in the City's five-year
Capital Improvement Program.
-18-
In the event that any property identified herein for
dedication to the City of Virginia Beach is needed by the City
prior to the subdivision of the property, the Grantor will
dedicate and convey same to the City upon receipt of
appropriate plats and/or instruments of conveyance which have
been prepared by or for the City.
12. Those uses which require a conditional use permit
from City Council shall continue to require a conditional use
permit, and City Council, by accepting this proffer, does not
grant the right to place any conditional uses within the
property.
The Grantor agrees that no more than 50% of the
proposed residential units and no more than 50% of the
nonresidential facilities to be constructed within this
development shall be occupied prior to January 1, 1996.
All references hereinabove to the 0-2, B-2, H-1, P-1
and R-10 districts and to the requirements and regulations
applicable thereto refer to the City Zoning ordinance of the
City of Virginia Beach, Virginia, in force as of September 13,
1990, which is by this reference incorporated herein.
The Grantor covenants and agrees that (1) the Zoning
Administrator of the City of Virginia Beach, Virginia, shall
be vested with all necessary authority on behalf of the
governing body of the City of Virginia Beach, Virginia, to
administer and enforce the foregoing conditions, including (i)
-19-
the ordering, in writing, of the remedying of any
noncompliance with such conditions, and (ii) the bringing of
legal action or suit to ensure compliance with such
conditions, including mandatory or prohibitory injunction,
abatement, damages or other appropriate action, suit or
proceedings; (2) the failure to meet all conditions shall
constitute cause to deny the issuance of any of the required
building or occupancy permits as may be appropriate; (3) if
aggrieved by the decision of the Zoning Administrator made
pursuant to the provisions, the Grantor shall petition to the
governing body for the review thereof prior to instituting
proceedings in court; and (4) the Zoning map may show by an
appropriate symbol on the map the existence of conditions
attaching to the zoning of the subject property on the map and
that the ordinance and the conditions may be made readily
available and accessible for public inspection in the office
of the Zoning Administrator and in the Planning Department and
that they shall be recorded in the Clerk's Office of the
Circuit Court of the City of Virginia Beach, Virginia, and
indexed in the name of the Grantor and Grantee.
WITNESS tlie following signatures and seals.
LAKE RIDGE ASSOCIATES,
a Virginia general partnership
By!
Ttiree Gees A-ssociates,
a Virginia general partnership,
General Partner
-20-
STATE OF VIRGINIA,
CITY OF VIRGINIA, to-wit:
a Notary Public in and for
the State of Virginia at Large, do hereby certify that Michael
F. Gelardi, Managing General Partner of Three Gees
Associates, a Virginia general partnership, General Partner of
Lake Ridge Associates, a Virginia general partnership, has
acknowledged the same before me in the city and state
aforesaid on behalf of Lake Ridge Associates, a Virginia
general partnership.
GIVEN under my hand this day of
Notary Public
My Commission Expires:
-21-
- 53 -
Item Ill-M.l.
APPOINTMENTS ITEM # 34490
Upon NOMINATION by Vlce Mayor Fentress, City Council APPOINTED:
FRANCIS LAND HOUSE BOARD OF GOVERNORS
Sandra J. Miller
Unexpired term thru 12/31/93
Votlng: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 54 -
Item III-M.2.
APPOINTMENTS ITEM # 34491
Upon NOMINATION by Vice Mayor Fentress, City Council APPOINTED:
PUBLIC USE GOLF COURSE COMITTEE
Dolores B. Kelley
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 55 -
Item III-N.l.
UNFINISHED BUSINESS ITEM # 34492
ADD-ON
Councilman Baum distributed a Commentary from the WASHINGTON TIMES relative
Wetlands and "no net loss legislation". This article expresses concern with
individual's private property rights. Said article is hereby made a part of the
record. Councilman Baum requested the City Clerk forward a copy to THE BEACON.
- 56 -
Item III-N.2.
UNFINISHED BUSINESS ITEM # 34493
ADD-ON
Councilman Lanteigne referenced his attendance at a BACK BAY/PUNGO CIVIC LEAGUE
MEETING. Councilman Lanteigne requested information relative the SOUTHERN
WATERSHED, when it will be SCHEDULED for the City Council Session and whether
the PLANNING COMMISSION would be involved. The City Manager will advise.
- 57 -
Item ITT-N.3.
UNFINISHED BUSINESS ITEM # 34494
ADD-ON
Mayor Oberndorf advised discussion of IABOR DAY 1991 will be SCHEDULED for the
City Council Session of June 4, 1991, to give all members of City Council an
opportunity to discuss their individual concerns.
- 58 -
Item III-0.
ADJOURNMENT ITEM # 34495
Upon motion by Councilman Baum, and BY CONSENSUS, City Council ADJOURNED the
Meeting at 11:00 P.M.
Beverl4f'O. Hooks
Chief Deputy City Clerk
Kuth Hodg6s Smith, CMC Mey6ra
City Clerk Mayor Oberndorf
City of Virginia Beach
Virginia