OCTOBER 10, 1988
Cit@ @f N7ii-igirai" E3@@@ta
"WORLD'S LARGEST RESORT CITY"
Cr" COUNCIL
M@YOR -- E OBEM--,
VICE MAIOR ROWRT E IE-@, V@,@--
-@T @. B-.
J.-
@EIX.O@@., A,
@BA S N-
l@CY A@
1-
SE@-, J.,, A,
281 CITY HALL BUIL.DING
MUNICIPAL CENTER
AU-y I -M, JR, @i,, CITY COUNCIL AGENDA VIRGINIA BEACH, VIRGINIA 23456-9002
1 - IMWN, @il, .@@ (804) 427-4303
R- H-. --, @.C@-,
OCTOBER 10, 1988
ITEM I. CITY MANAGER'S BRIEFING - ODnference Room - 11:00 AM
A. USE OF COURTHOUSE ELEMENTARY SCHOOL
Giles G. Dodd, ASSiStant City Manager for Administration
B. OPEN BURNING
Chief Harry Diezel, nre Department
P. Wade Kyle, Administrator of Solid Waste
ITEM II. COLLNCIL CONFERENCE SESSION - Conference Room - 12:30 PM
A. CITY COUNCIL CONCERNS
ITEM III. INFCRKAL SESSION - Conference Room - 1:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberridorf
B. ROLL CALL OF COUNCIL
C. RECESS TO EXECURIVE SESSION
ITEM IV. FORMAL SESSION - Council Chamber - 2:00 PM
A. INVOCATION: Reverend Timothy Pipkin
Calvary Assembly of God
B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
1. INFORMAL & FCRMAL Sessions - September 26, 1988
k Petition of SIGNET ENTERPRISES, LTD., for the discontinuance,
closure and abandorunent of the following portions of Thompkins
lane, containing 17,648 square feet (KEMPSVILLE BOROUGH):
1. Parcel 1 : beginning 250 feet more or less North of
Thompkins Oc)urt, running a distance of 102.66 feet in an
Easterly direction and running a distance of 125.86 feet in
a Northerly direction
2. Parcel 2: beginning 190.72 feet South of tbe intersection
of Thompkins Land and E. Goodview Drive and running a
distance of 612.81 feet in a Southerly direction.
Recommendation: APPROVAL
1. Applications of PHIL M. BONIFAINT, on the North side of Mill
Landing Road, 1250 feet more or less East of Morris Neck Road,
(1 540 Mill Landing Road) , containing 36 acres (PUNGO BOROUGH):
1. Fbr a Variance to Section 4.4(b) of the Subdivision
ordinance %hich requires all lots created by subdivision to
meet all requirernents of the City Zoning Ordinance
AND,
2. A Conditional use Permit for a single family dvmlling in
the AG-1 Agricultural District.
Reccinmendation: DENIAL
M. Ordinance to AKEND and RECRDAIN Article 9, Section 901 of the
City Zoning Ordinance -- Regulations for Principal and
Oonditional USES in the BUSINESS DISTRICTS.
Reccmmendation: APPROVAL
G. RESOLUTIONS/CRDINANCES
1. Resolution referring to the Pl-ming Commission an amendment to
Section 111 of the City Zoning Ordinance re the definition of the
term "Sign".
2. Resolutions authorizing oompletion of Ferrell Parkway
Phase 1B (CIP 2-936)
Phase 1C (CIP 2-063)
Deferred September 19, 1988
3. Resolution referring to the Pl-nning ODamission Alternative
Amendments to Section 202 of the City Zoning ordinance re Height
Limitation for Additions to Residential Structures
4. Ordinance authorizing the City Manager to convey certain property
to the Commonwealth, @partment of Ttansportation, for ROUTE 44
FLYOVER PROJBCT.
5. Crdinance authorizing the City Manager to execute a contract fc)r
the Sale of Copies of Thpographical mapping Data to Virginia
Electric and Pover ODapaLny.
H. CONSEIRT AGENDA
All matters listed mder 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 any item is removed from the Consent
Agenda, it will be discussed and voted upon separately.
1. RESOLUTIONS IN RECOGLQITIDN
a. ROBERT W. BERRY
b. P. 7HOMAS BDLIAND
2. LCH BIDS
a. Carter-Bell Corporation in the amount of $96,148.00 for
East Cape Henry Shores (CIP 5-817).
b. Asphalt Roads a materials (b., Inc. in the amount of
$935,194.05 for 1988-89 Bituminous ODncrete Maintenance
Schedule - Contract II.
c. Asphalt Roads and Materials Oompany, Inc. in the amount of
$144,429.60 for Human Resources Build ing Parking L*t
(CIP 3-938).
d. Contractors Paving Company, Inc. in the amount of $168,960.25
for Municipal Canter Parking Lot, north Landing Road
(CIP 3-983).
3. Utility Project for 51% Neighborhood Participation
Alfriends Trail Sanitary Sewer $225,000.00
4. RAFFLE PERMITS
Baylake Pines School
Kempsville Junior High Band Parents
Little Neck Circle of the Kings Daughters
Plaza Recreation League
I. UNFINISHED BUSINESS
J. NEW BUSINESS
K. RECESS to EXECURIVE SESSION FOR 'PERSONNEL'
following the October 12, 1988, TDR Workshop at 4:00 PM,
AFTER WHICH TO ADJOURN.
CITY COUNCIL SESSION
RESCHEDULED
OCTOBER 31, 1988 2:00 PM
RESCHEDULE OF OCTOBER 3
"VIRGINIA MUNICIPAL LEAGUE"
All other Sessions will be in accordance with the City Code
- 10 -
Item IV-D.I.
MINUTES ITEM # 30179
Upon motion by Councilman Moss, seconded by Councilman Baum, City Council
APPROVED the INFORMAL AND FORMAL SESSIONS of the City Council Meeting of
October 10, 1988, AS AMENDED and CORRECRFD.
IT194 # 30117, page 7 - CITY COUNCIL CONCERNS:
Councilman Baum advised the correct word is hydric
soils, not hybrid.
ITEM # 30135, page 19
ORDINANCE UPON APPLICATION OF WAYNE BEAGLE FOR A
CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-6
TO A-2
Councilman Moss referenced the CORRECTED vote of
9-2 with Council Members Moss and @IcClanan voting
NAY. The Chief Deputy had distributed a corrected
MINUTES prior to the commencement of the City
Council Meeting.
ITFM # 30144, page 33:
ORDINANCE UPON APPLICATION OF FALSE CAPE
ENTERPRISES, INC. FOR A CONDITIONAL USE PERMIT FOR
COMMERICAL RECREATIONAL FACILITIES R010881175
Councilwoman McClanan AMENDED the following
conditions:
The words "of the berm and landscaping" shall be
inserted after the words "The height" and before
the words "..shall be determined in accordance with
the requirements of City Staff." (Condition 1.)
The words "and noise" shall be inserted after the
word "Lighting" and before the words "from the
tennis courts and swimming pool should be oriented
so as to not spill over onto any of the adjoining
residential properties." (Condition 3.)
1. An open fence shall be installed along the
border of the property adjacent to the residential
areas including Parcel C-2C. With the exception of
Parcel C-2A, Category I landscaping shall be
installed along the interior portion the entire
length of that property including Parcel C-2C. A
berm shall be utilized with the shrubbery inside
the fence adjacent to the day-care center and
property currently zoned for residential use. The
height of the berni and landscaping shall be
determined in accordance with the requirements of
City Staff.
3. Lighting and noise from the tennis courts and
swimming pool should be oriented so as to not spill
over onto any of the adjoining residential
properties.
Item IV-D.I.
MINUTES ITEM # 30179 (Continued)
ITEM # 30151, Page 43
Resolution referring to the Planning Commission
Alternative Amendments to Section 202 of the City
Zoning Ordinance re Height Limitation for Additions
to Residential Structures
The words "and such other solutions that may be
feasible" aFRende@le sliall be inserted.
Voting: 9-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Barbara M. Henley, Reba S. McClanan, John
D. Moss, Mayor Meyera E. Oberndorf, John L. Perry and
William D. Sessoms, Jr.
Council Members Voting Nay;
None
Council Members Abstaining:
liarold Heischober
Council Members Absent:
Nancy K. Parker
"Councilman Heischober ABSTAINED as he was not in attendance at the City
Council Meeting of October 10, 1988
E. CEREMONIAL PRESENTATIONS
1. RESOLURIONS IN RBCOGNITWN
a. ROBERT W. BERRY DEVELOPMENT AUTHORITY
b. F. THCKAS HOLIAND WETIANDS BOARD
2. PROCLAMATIONS
a. COLUt4BUS DAY
October 12, 1988
b. COMT OBSERVANCE WEEK
October 10-14, 1988
F. PUBLIC HEikRING
1. PLANNING
a. RBCONSIDERATION BY COURT DECREE of application of WAYNE BEPLGLE
for a Chancje of Zoning District Classification fran R-6
Residential District to A-2 Apartment District on cer a@in
property located on the West side of Pleasure House Road, 75
feet South of @chen Avenue, containing 1.38 acres (BAYSIDE
B ORO U(3H) ,
Denied September 21, 1987
Denied Scheduling of Reconsideration October 12, 1987
Recommeridation: APPROVAL
b. Petition of CHESAPEAKE AND POTOMAC TELEPHONE CC14PANY OF
VIRGINIA, INC., for the discontinuance, closure and abaridorunent
of a portion of Holly Avenue beginning at the Western boundary
of N. Great Neck Road and running @sterly a distance of 150.47
feet, containing 3773.78 square feet (LYNNHAVEN BOROUGH).
Recommendation: APPROVAL
C. Petition of RCBERT J. RUHL/DEPARTMENT OF BCONOMIC DEVEIDPMENT
for the discontinuance, closure and abandorunent of a portion of
Bayside Road beginning at a point 500 feet more or less
Southwest of the Northern terminus of Air Rail Road (BAYSIDE
BOROUGH).
Recommendation: APPROVAL
d. Crdinance for the discontinuance, closure and abandorment of a
portion of Five FbrkB Road at the Southwest intersection of
First Oourt Poad and Greenwell Road, running in a Southwesterly
direction, 737.53 feet, containing 24,020 square feet, in the
petition of CH&RLES F. BURROUGHS, JR. (BAYSIDE BOROUGH).
Approved April 25, 1988, subject to compliance in 180 days
Deferred September 26, 2988
Recommeridation: FINAL APPROVAL
e .Application of HUMANA VIRGINIA HOSPITAL CORPORATION, d/b/a
Humana Hospital-]3ayside for a Conditional Use Permit for a
hospital addition (obstetrics) at the Northeast corner of
Independence Boulevard and Witchduck Road, at 800 Independence
Boulevard, containing 17.948 acres (BAYSIDE BOROUGH).
Recoinmendation: APPROVAL
f. Application of MARY S. DURRAINT BCBDLS for a Conditional Use
Permit for a single fainily dwelling in the AG-1 Agricultural
istrict loca@ed 2700 feet more or less West of General Booth
Boulevard beginning at a point 2900 feet more or less North of
London Bridge Road (Relocated), on Site A-6 Princess Anne Hunt
Club, containing 10 acres (PRINCESS ANNE BOROUGH).
Recommendation: APPROVAL
g. Application of NEW LIGHT BAPTIST CHMZCH for a O:)nditional Use
Permit for church additions (day care center, administration
office, educational building and additional parking) on the
following parcels (KEMPSVILLE BOROUGH)
Parcel 1: South@st corner of Indian River road and Oiurch
Street
Parcel 2: @st side of Church Street beginning 495.8 feet
South of Indian River Road, both parcels
containing 2.705 acres.
Reccmmendation: APPROVAL
h. Application of TENCH H. PHILLIPS, JR. for a odnditional Use
Permit for a bulk storaqe yard located on the South side of
veland Street, 250 feet East of Opal Avenue, containing
3.029 acres (BAYS TDE BOROUGH).
Recommendation: APPROVAL
i. Application of FALSE CAPE ENTERPRISES for a Conditional Use
Perinit for a recreational facility of an outdoor nature located
;n the East l@de of Las Brisas Drive, 70 feet more or less
North of Sandbridge Road, containing 3.31 acres (PRINCESS ANNE
BOROUGH).
Deferred September 26, 1988
Recommendation: APPROVAL
j. Applications of VIRGINIA BEACH CHRISTIAN OUTREACH GROUP re
property located on the South side of Virginia Beach Boulevard,
540 feet East of N. Birdneck @ad (1049 and 1053 Virginia Beach
Boul-evard) , containing 41,382 square feet (LYNNHAVEN BOROUGH):
1. Change of Zoning District Classification from
Business District to A-18 Apartment District
AND,
2. Oonditional Use Permit for a home.
Recommendation: APPROVAL
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
October 10, 1988
The CRTY MANAGER'S BRIEFING relative the USE OF COURTHOUSE ELEMENTARY SCHOOL to
the VIRGINIA BEIKCH CITY COUNCU, was called tc) order by Mayor Meyera E.
Oberndorf in the Conference Room, City Hall Building, on Monday, October 10,
1988, at 11:00 A.M.
Council Members Present:
Albert W. Balko, Vice @yor Robert E. Fentress,
Barbara M. Henley, Reba S. McClanan, John D. MOSS,
Mayor Meyera E. Cberndorf, Nancy K. Parker, John L.
Perry and William D. SESSOMS, Jr.
Council @mbers Absent:
John A. Pain (ENTERED: 11:15 A.M.)
Harold Heischober (Absent due to illness)
- 2 -
C I T Y N A N A G E R ' S B R I E F I N G
USE OF COURTHOUSE ELEMENTARY SCHDOL
11:00 A.M.
ITEM 4 30106
Giles Dodd, Assistant to the City Manager for Administration, served on a
Committee to evaluat, the future USE OF COURTHOUSE ELEMENTARY SCHOOL. 'Ihis
Committee was comprised of City and School representatives. Representirxg the
School Board @re Robert Clyburn, Fobert Hall, Bruce @Guire, Fred Benham and
Carlton Bowyer who served as Chair. Councilman Albert W. Balko and Giles Dodd
represented the City with the abundant assistance of David Grochmal.
The first meeting was held on March Twenty-second. At the initial meeting, the
City Manager proposed various uses received as suggestions from City
De par tme nts :
Health Department Clinic
WDrk Release and Weekend Programs
(proposed by the Sheriff
Classroca Space and Physical Training Center
(for the Police Department)
Dr. Melvin and his staff suggested ten proposals; however, the majority of
these proposals @re handled through space allocations to other City or School
Board locations. Both the Superintendent of Schools and the City Manager
recommended the COURTHOUSE ELEKENTARY SCHOOL be utilized as a shared facility.
The final recommendation of the Ccmmittee will accommodate for the City, the
Health Department Clinic and the Classroom Space and Physical Training for the
Police Department. It was not deemed appropriate to be utilized for Work
Release and Weekender Programs. 'Ihe School System will be utilizing this
facility for the training of cafeteria workers, as well as an educational
planning center. 'Ihe playground and ball diamond will continue to be utilized
by the canmunity. David Grochmal had suggested a Butler Building be placed on
the site for 'record storage'.
David Grochmal, f)irector of General Services, presented various statistics
relative utilization of the buildirig and projected costs. The COURTHOUSE
ELEMENTARY SCHOOL 'complex" is composed of two permanent structures and eleven
portable classroorns. The school is situated on a 6.97 acre site which includes
a softball field, playground equirment, paved parking for 128 vehicles, and a
1.1 acre wooded area. The original two-story building was constructed i-n 1931
and contains 10,376 square feet. 'Ihe one-story building %es constructed in 1955
and contains 18,524 square feet. There is an existing modular builder currently
used to house the Office of Curriculum and Staff Developinent. A small concrete
building in the rear is utilized for storage. All of the temporary classrocms
have been removed. 'Ihe City recently purchased the adjacent property
The uses recommended by the Committee essentially divide the one-story building
in 'half. ahe northern classrooms and corridor encompassing 8,500 square feet
@uld be converted into the Health Department Clinic. The remaining portion of
the building wuld be utilized by the School Board for expansion of their Staff
Development Departaents and Training of Cafeteria Workers and Managers. The
Committee recommerided the Cafeteria remain functional to serve meals to both
School and City Rnployees.
Concerning the older two-story building, the Gommittee recommended converting
the first floor auditorium area to a Physical Training Center for the Police
Department. Since there is not a second floor above the auditoriuii, the
Canmittee recommerided a secor)d floor be constructed instead of remaining an
open area to add another 2200 square feet of classroom space for the Police
Departrnent. The Committee further recommerided the School System utilize the
first floor classrooms as a portion of their educational pl--ning center and
the second floor classrocms would be utilized by both the City and School Board
on a "first come/first serve" basis as needed.
- 4 -
C I T Y M A N A G E R ' S B R I E F I N G
OPEN BURNING
11:55 A.M.
ITEM # 30107
The City Manager introduced Cbief Harry Diezel, Fire Departinent and P. Wade
Kyle, Administrator of Solid Waste who reiterated information relative the
IMPACT OF OPEN BURNING ORDINANCE.
Chief Diezel did not anticipate any additional cost involving Fire Department
Personnel frcm an implementation standpoint; however, increased ccmplaint
activity was anticipated.
Wade Kyle, distributed information relative the COST OF SERVICE (8 days):
Personnel:
50 ernployees @ $18.21/hour. x 8 hrs. x 9 days $ 65,556 $ 58, 272
3 supervisors @ $20.10/hour x 8 hrs. x 9 days 4,342 3,859
Thtal Personnel- Oost: $ 69,898 2,131
Equipment:
25 vehicles x $1.05/mile x 100 miles/day x 9 days $ 23,625 $ 21,000
SPSA DISPOSAL COST:
3,150 tons @ $25/ton for 9 days or $ 78,750 $ 70,000
2,800 tons @ $25/ton for 8 days
TOTAL APPROPRIATIOlq REQUIRED $172,273 $153,131
MONDAYS
October NDvember December PICKUP SCHEDULE
31 7 5 10/31 & 11/28
14 12 11/07 & 12/05
21 19 11/14 & 12/12
28 11/21 & 12/19
The City Manager will SCHEDULE an Ordinance pertainincj to Open Burning for the
City (buncil I*eting of October 17, 1988, not to be effective until the
following year, thus affording sufficient time to publicize the change and
develop the realization in the community that open burning will no longer be an
option. There shall be an appropriation to move ahead with a voluntary
program this year. 'Ihe City Manager will provide information relative the cost
of composting.
- 5 -
C I T Y K A N A G E R' S C 0 N C E R N S
12: 35 P. M.
ITEM # 30108
The City @nager referenced requests relative portions of City's right-of-way
of the Revererid Dale Burden and Bartow H. Bridges, Jr. and requested City
Council's guidance
Bartow H. ]3ridges, Jr., requested selective thinning, in accordance with a plan
submitted for a triangular site on London Bridge Road.
Reverend Dale Burden requested selective trimming on City property across the
lake fran this church.
BY CONSENSUS of City (buncil, the requests will be DENIED.
ITEM # 30109
The City Manager distributed a PROPOSED CAPITAL 3MPROVEKENT PROGRAM SCHEDULE
and requested the direction of City Council:
PRESENTATION TO CITY COUNCIL Thursday, November 10, 1988
SPECT.AL MELITING 12:00 NOON
ADVERTISE FCR PUBLIC HEARING Sunday, November 20, 1988
Site: Princess Arme RLgh School
WORKSHOP Monday, November 21, 1988
FIRST AD FOR BOND ORDINIKNCE Sunday, Novexiber 27, 1988
WCRKSBOP Monday, November 28, 1988
PUBLIC HEikRING Wednesday, November 30, 1988
Princess Anne High School 7:00 P.M.
SWOND AD FOR BOND ORDINAWE Sunday, December 4, 1988
and CIP PIYBLIC HF.ARING AD
FINAL WCRKSHOP ON CIP Monday, December 5, 1988
FIRST READING - ORDINANCE/ Monday, December 12, 1988
PUBLIC HEARING
SECOND READING - ORDINANCE/ Monday, December 19, 1988
CIP PUBLIC HEARING/
BOND ORDINANCE ADOPTION
- 6 -
C IT Y C 0 UN C I L C ON C E R N S
ITEM # 30110
Councilwcman Parker referenced LCK BIDS: Carter Bell Oorporation in the amount
of $96,148.00 for East Cape Henry Shores (CIP 5@17) and Oontractors Paving
Ccmpany, Inc. in the amount of $168,960.25 for municipal Cen ter Parking
Lot, North Ianding lbad (CIP 3-983). (See item IV-H.2.a/d of the CONSENT
AGENDA.)
Councilwoman Parker requested information relative the estimate overruns.
ITIM # 30111
Councilwoman McClanan referenced information relative parking and storage of
Major Recreational. Bquipaent which will be distributed to Members of City
Cc)uncil.
I,rEM # 30112
Cbuncilwoman McClanan referenced a Resolution referririg tc) the Pl ... ing
Co=ission an amendment to Section 111 of the City Zoning Ordinance re the
definition of the term "Sign". (See Item IV-G.1 under RESOLWIONS/ORDINANCES.)
Assistant City Attorney William Macali will respond to Oc)uncilwoman MClanan's
concerns.
ITEM #30113
Councilman Fentress referenced a REQUEST FOR RBCONSIDERATION of conditions in
the application of VIVIAN DOURNAR for a Change of Zoning Di str ic t
Classification from R-6 Residential District to A-2 Apartnent District on the
South side of 23rd Street, 195 feet East of Barberton Drive on Lots 13-20,
Block 11, Woodland, containing 34,063.9 square feet (LYNNRAVEN BOROUGH).
APPROVED BY City Cbuncil on May 5, 1986. Councilman Fentress requested this be
SCHEDULED for the City Oouncil Meeting of October 17, 1988.
ITEM # 30114
Councilman Moss referenced the State Noise Abatement Policy which becomes
effective January 1, 1989. Councilman Moss advised the City 's investigation
might wish to be accelerated. Councilman Moss requested discussion be SCHEDULED
for the City Council Agerida of October 17, 1988.
ITEM # 30115
(buncilwoinan Parker referenced an Ordinance authorizing the City Manager to
execute a contract for the Sale of Copies of Topographical Mapping Data to
Virginia Electric and Power Ccmpany. (see IV-G.5 of the CONSENT AGENDA) .
The City Manger advised the Virginia Power Cc)mpany plans to install
computerized facility management for their physical plant within their entire
franchise area. Virginia Power representatives contacted the City and expressed
a desire to obtain the City's mapping data base to use as a "pilot" for their
franchise-wide installation. A proposed agreement has been reached which
details the information which the City will provide to Virginia Power and
specifies a price of $391,000 which Virginia Power will pay the City for the
data. Virginia Power will provide to the City certain road centerline data
which they will develop, data with an estimated value of $100,000.
- 7 -
C IT Y C 0 UN C I L C ON C E R N S
ITEM # 30116
Councilwoman Henley and Vice Mayor Fentress attended the AMERICAN PUBLIC
TRANSIT ASSOCIATION ANNUAL MEETING as representatives of the Tidewater Transit
District Ccmmission the week of October Second. A balanced range of
transportation options is desired rather than developing the City's
transportation syste!m solely around the private automobile and the highway
system. A transportation system should include not only the highway system or
private automobile but should include all options available. Traffic congestion
affects not only mobility but the environment. Calculations are necessary
relative the amount of productive man hours lost per day bD traffic congestion.
Canada is far ahead of the United States in mass transit. A well rounded
transportation systern should be provided. Vice Mayor Fentress referenced a most
informative brochure entitled: "Interin Report of AMERICAN PUBLIC TRANSI!R
ASSOCIATION - Transit 2000 Task Ebrce." This brochure will be distributed bD
City Council.
iTEm # 30117
ODuricilman Baum requested a BRIEFING by Louis Cullipher within the next month.
Mr. Cullipher @uld utilize maps of Chesapeake and Virignia Beach and discuss
hybri,d soils in relation to the House Bill 1037, the Non-Tidal Wetlands Bill
with appropriate maps of Chesapeake and Virginia @ach.
The City Manager will SCHEDULE a BRIEFING.
ITEM # 30118
Councilman Moss cornplimented the City Attorney relative Opinions frorn the
Supreme Court on Conditional Land Uses.
ITEM # 3011 9
Councilman Moss requested Jerald Banaga-n BRIEF City Cbuncil relative his
assessment in greater detail.
ITEM # 30120
Council-man Sessoms advised his decisions relative Plannirkg Items were based
mainly upon Staff recommendation and comments by the Planning Commission.
Individuals should register to speak at the Planning Ccmmission as well as
City O:)uncil; therefore, their comments could be reviewed by City Cbuncil prior
to the I*eting. Councilwoman Parker said often the individual can not afford to
miss two days of @rk and thus may attend only one meeting.
ITEM # 30121
Councilman Perry further referenced the situation of Ws. Llrock. Ihe Health
Department's objection of her septic tank entails the possible pollution of her
neighbor's @lls. O:)uncilman Perry advised there are no vmlls in her vicinity.
Councilynan Perry advised the septic tank top was broken and could be repaired
for approximately $400.00.
ITEM # 30122
Councilman Perry referenced Lake Smith/ReedtDvn. Cc>uncilman Perry met Saturday,
October 8, 1988 with three Norfolk Council Members and a Planning Commissioner
Member. These individuals advised they were not involved in the zonirig of
Reedtown and Iake Smith.
ITEM # 30123
Oouncilman Perry referenced the n@ for professionalism. Engineering is not an
exact science; therefore, one should not assume.
ITEM # 30124
Councilman Perry referenced the po ten tial Industrial Park acreage and
discussion entailing White Farin, @ylor Farm, Princess Anne/Landstown Road and
Barton Station. With reference to the AICUZ Zone, Barton Station rates nine
(9) .
- 8 -
MAT T B R S OF T HE M A Y 0 R
ITEM # 30125
Mayor Cberridorf advised she will be recognizing Councilwanan McClanan, Chaiman
of the TWenty-fifth Anniversary ODamittee and C. Mac Rawls, Chairman of CLty
Hall by the Sea Day bD explain the festivities on October 15, 1988 from 10:00
A.M. to 4:00 P.M. at the Marine Science mlisemn.
ITIN # 30126
Mayor Cberndorf expressed appreciation to @mbers of City Council actively
participatirig in the 83rd ANNUAL CONFERENCE of the VIRIGNIA MUNICIPAL LEAGUE:
Albert W. Balko, Reba S. McClanan, Nancy K. Parker and William D. SeSsoMS.
Mayor oberndorf extended praise to Robert matthias, Intergoverrimental-Relations
Co-ordinator relative his compilation of this event, his representation of the
City and his professional manner. Bc)yd Colgate, Vice President and Chief
EKecutive Officer - Cavalier Beachfront Hotel, fed 1,082 individuals ample
portions in 45 minutes. Mayor Oberndorf also advised the VOTE VIRGINIA BE&CH
Campaign received the 1988 VML Achieveinent Pmard. Mayor Cberndorf furtlier
complimented the City Manager, Aubrey V. Watts, Clarence Warnstaff and Thomas
Leahy, Water Resources @gineer for their most impressive and informative
presentation relative LAKE GASTON.
Mayor Cberndorf distributed a letter from the City of Charlottesville
congratulating the City and staff for hosting a most enjoyable VML ODnference.
Said letter @s distributed tc) I*mbers of City @uncil and is hereby made a
part of the record.
- 9 -
ITEM # 30127
The INFCRMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order by
Mayor Meyera E. oberndorf in the Conference Room, City Hall Building, on
Monday, October 10, 1988 at 1:00 P.M.
Council Members Present:
Albert W. Balko, John A. Baum, Vice Mayor Rc)bert E.
Fentress, Barbara M. Henley, Reba S. @Clanan, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Absent:
Harold Heischober
- 10 -
ITIM # 30128
Mayor Meyera E. Cberndorf entertained a motion to permit City (buncil to
coriduct its EXBCUTIVE SESSION, pursuant tD Section 2.1-344, Code of
Virginia, as am@ed, for the following purposes:
1. PERSONNEL MATTEM-. Discussion or consideration of employment, assigrunent,
appointuent, promotion, performance, demotion, salaries, disciplining or
resignation of public officers, appoint"s or employees.
2. PUBLICLY HEIJ) PROPERTY: Discussion or consideration of the condition,
acquisition or use of real property for public purpose, or of the
disposition of publicly held pro@rty, or of plans for the future of an
institution wbich could effect the value of property owned or desirable
for ownership by such institution.
3. LEGAL MATTERS: Consultation with legal counsel or briefings by staff
members, consultants or attorneys, pertaining to actual or potential
litigation, or other legal matters within the jurisdiction of the public
body.
Upon motion by Councilman Sessoms, seconded by Cbuncilman moss, City
Council voted to proceed into EXWUTIVE SESSION.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Bamn, Vice Mayor Robert E.
@ntress, Barbara M. Henley, Reba S. McClanan, John
D. Moss, Mayor Meyera E. Cberndorf, Nancy K. Parker,
John L. Perry and William D. Sessorns, Jr.
Council Members Voting Nay-
None
Council @mbers Absent:
Harold Heischober
- 11 -
F 0 RM A L S B S S I 0 N
VTRGTNIA BEACH CITY COUNCIL
October 10, 1988
2: 00 P.M.
Mayor Meyera E. Oberndorf called to order the FORKAL SESSION of the VIRGINIA
BE&CH CrrY COENCIL in the Council Chambers, City Hall Building, on @nday,
Octc)ber 10, 1988, at 2:00 P.M.
Council Members Present:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Barbara M. Henley, Reba S. YzClanan, John
D. Moss, Mayor Meyera E. Cberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Absent:
Harold Heischober
INVOCATION: Reverend Timothy Pipkin
Calvary Assembly of God
PLEDGE OF ALLEGIARCE TO THE FIAG OF THE UNITED STATES CF AMERICA
1 2
Item IV-D. 1
MINUTES ITEM # 30128
Upon motion by Vice MAyor Fentress, seconded by Councilman Balko, City Council
APPROVFD the MINURES of the INFCRKAL & FORMAL SESSIONS of September 26, 1988:
Voting: 10-0
Cc,.cil members Voting Aye-
Albert W. Balko, John A. BaLm, vice Mayor Robert E.
Fentress, Barbara M. Henley, Reba S. McClanan, John
D. Moss, Mayor r*yera E. Oberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council @mbers Absent:
Harold Heischober
1 3
Item IV-D.l.
ANNOINCE24ENr ITEM # 30129
Mayor Oberndorf recognized Councilwcrnan McClanan, Chairman of the Twenty-fifth
Anniversary Committee and C. Mac Rawls, Chairman of CLty Hall by the Sea Day
bo explain the festivities on October 15, 1968 from 10:00 A.M. to 4:00 P.M. at
the Marine Science Mseum.
Activities are planned during the day to enliven the occasion. @ere will be
scavenger hunt, exciting participatory exhibits, equipment displays and
departinental information booths enabling participants to learn albout Virginia
Beach's history and City operation activities. Food endeavors ani entertaiment
will add to the festive affair.
- 1 4 -
Itein IV-E.2.a.
CEREMONIAL PRESENTATIONS ITEM # 30130
Myor Oberndorf PRESENTED a RESOLUTION IN RBCOGNITION:
Robert W. Berry
Development Authority
This Resolution REROGNIZED Robert W. Berry as a r*mber and Chairman of the
DEVEWPKENT AUTHORITY from AUgUSt 1978 through August 1988.
- 1 5 -
Item IV-E. 1 .
CEREKONIAL PRESENTATIONS RTEM # 30131
F. Thomas Hollard was unable to be in atteridance to ACCEPT his RESOLURION IN
RBCOGNITION.
Mr. Hc)lland was attending the funeral of a dear friend's wif,.
This RESOLUTION shall be RESCHEDULED for the City Council Meeting of octob@r
24, 1988.
1 6
Itern IV-E.2.
PROCLAMATIONS rrEM 30132
Mayor oberndorf PP.OCIAIMED Wednesday, October 12, 1988 as:
COLUMBUS DAY
Frank @iscritti and Joe Russo frorn the SONS CF IT&LY, ACCEPTED this
PROCLAMATION.
This PPOCLAMATION recognized the justifiable pride for Italy and Italians
everywhere and symbolized the respect 11/2mericans have for their rich
inheritance from the Old World.
I
rjort;amati fin
WHEREAS, Christopher Columbus challenged the unknown when he sailed
westward in 1492 with his tiny fleet of ships; and
WHEREAS, his discovery of the new world stands as a significant and
momentous achievement; and
WHEREAS, his voyages ushered in a new phase in history and enriched
mankind with new opportunities which revolutionized the way man thought of
himself and his world; and
WHEREAS, this new world that Columbus revealed to Europe soon came to
symbolize hope, freedom, and opportunity to all; and
WHEREAS, his willingness to strike out in new directions stirred the
world, and his spirit has enriched our lives and expanded our horizons; and
WHEREAS, it is appropriate that we, both as Arnericans and as spiritual
heirs of Christopher Columbus, should take inspiration from his blend of
daring, skill, enterprise, and imagination; and
WHEREAS, all Americans share in admiring the achievement of Columbus, but
those of Italian decent can take particular pride in honoring this bold son of
Genoa who set forth in search of the unknown; and
WHEREAS, a host of other Italians have followed Columbus to this land,
lending their talents and helping to create an unparalleled society of freedom
and opportunity; and
WHEREAS, this day is one of justifiable pride for Italy and Italians
everywhere, and it symbolized the respect we Arnericans have for our rich
inheritance from the Old World.
NOW, THEREFORE, I, Meyera E. Oberndorf, Mayor of the City of Virginia
Beach, do hereby proclaim Wednesday, October 12, 1988 as
COLUMBUS DAY
in Virginia Beach and pay tribute to Christopher Columbus for his part in the
history of our grand nation.
IN WTTNESS WHEREOF, I have hereunto set my hand and caused the seal of the
City of Virginia Beach, Virginia, to be affixed this tenth day of October,
nineteen hundred and eighty-eight.
Meyera E. Oberndorf
Mayor
1 7
IteTn IV-E. 2.b
PROCLAMATIONS ITEM # 30133
Mayor Oberridorf PROCIA124ED the week of October 10-1 4, 1988 as:
COURT OBSERVAWE WEEK
This PROCLA24ATION was ACCEPTED by Ruth M. Olson, President, Virginia
Association of Legal Secretaries.
This PROCLAMATION recognized Legal Secretaries throughout the Commonwealth of
Virginia as participatirig in programs to enhance their knowledge of the system
which they so ably serve.
WEEREAS: A vast and complex system of justice cannot function without the skill and dedication of
our Nation's Legal Secretaries;
WHEREAS: within the @rkings of our judicial system, the @gal Secretary plays an integral role
by providing vital administrative and technical assistance to our courts, goverrments,
businesses and private law offices;
WEEREAS: Ilhe National Association of Iegal Secretaries, together with its state and local
organizations, has initiated an educational program to increase opportunities for Legal
Secretaries to observe and learn about Courtroom proceedings;
WEEEREAS: During 'Court Cbservarice Week', Legal Secretaries throughout the Commonwealth of
Virginia will participate in programs to enhance their knowledge of the system which
they so ably serve;
WHRREAS: Legal Secretaries along with the judges and lawyers in our country participate in one of
life's most satisfying endeavors -- the administration of justice;
WHERFAS: Many legal Secretaries have not had any first-hand @posure in the Courtroom setting and
have never had the opportunity to see firsthand the inner workings of the judicial
branch of our government with which they are so closely associated by reason of their
profession;
WHEREAS: One of the main aims and purposes of the Virginia Association of Tegal Secretaries is to
increase the skill, ccmpetence and usefulness of Legal Secretaries so that they may
better serve their @ployers; and,
WERREAS: The City of Virginia Beach seeks to continually enhance the skills and increase the
competence of Legal Secretaries.
NOW, THEREFORET I, r*yera E. Cberndorf, Mayor of the City of Virginia Beach, Virginia, do
hereby P R 0 C L A I M the @ek of October 10-14, 1988, to be
COURT OBSERVANCE WEEK
and urge all citizens to recognize the contributions of Legal Secretaries to o@ system of justice
and to commend their efforts to develop their professional knowledge and capabilities.
IN WITNESS WHEREOF, I have heremto set my hand and cau@ the Seal of the City of Virginia Beach,
Virginia, to be affixed this @nth day of October, Nineteen Hundred md Eighty-Eight.
Meyera E. Cberndorf
Mayor
- 18 -
Item IV-F. 1 .
PUBLIC HEARING ITEM # 30134
Mayor Meyera E. Oberndorf DBCLARED a PUBLIC BEARING on:
PLANNING
(a) WAYNE BFAGLE RICONSIDERATION BY COURT DIEREE
(b) CHFSAPEAKE AND POTOMAC TELFPHONE STREET CLOSURE
CCMPANY
(c) ROBERT J. RUHL/DEPAR7MENT OF STREET CLOSURE
ECONCRIC DEVEIDPMENT
(d) CHKRLES P. BLMROUGHS, R. STREET CLOSURE
(a) HEKANA VIRGIN3A HOSPITIKL CCRPORATION CONDITIONAL USE PERKIT
(f) MARY S. DURRANR ECHOLS CONDITIONAL USE PERMRT
(9) NEW LIGHT BAPTIST CHURCH CONDITIONAL USE PE144IT
(h) TENCH H. PHILLIPS, JR. CONDITIONAL USE PERMIT
(i) FALSE CAPE ENTERPRISES CONDITIONAL USE PEz4IT
VIRGINIA BEACH CHRISTIAN OUTREACH CHANGE CF ZONING AND
GROUP CONDITION&L LISE PEINIT
(k) SIGHLIT ENTERPRISES, LTD. STRELIT CLOSURE
(1) PHIL M. 130NIFANT VARIANCE AND
CONDITIONAL USE PERMIT
(m) CZO AMENUMENTS PRINCIPAL AND CONDITIONAL USES
Article 9, Section 901 IN THE BUSINESS DISTRICT
- 19 -
Item IV-E.l.a.
PUBLIC HEARING
PLANNING ITEM # 30135
The following spoke in SUPPORT of the application:
Attorney Robert Crornwell, Pembroke One, Phone: 499-8971
Wayne Beagle, 3625 East Stratford Road, Phone: 481-7700
Attorney Howard Sykes, represented Gladys H. O'Connor
The following spoke in OPPOSITION:
Carol Gal lagher, 4959 Athens Boulevard, Phone: 460-0262
Dr. Robert L. Hawkins, 3 Bradford Point, Phone: 460-1826
Jean J. Owens, 2429 Beaufort Avenue, Phone: 464-6859
David Plum, 4933 Bradpointe Lane, Phone: 460-9824
Karen W. Rhodes, 4824 Machen Drive
Charles 0. and Joan P. Stainback, 2516 Chubb Lake Avenue, Phone: 460-4647
Gail H. Gowin, 2457 Bayview Avenue, Phone: 464-5859
Upon motion by Councilwoman Henley, seconded by Councilman Perry, City Council
ADOPTED Ordinance upon application of WAYNE BEAGLE for a Change of Zoning:
ORDINANCE UPON APPLICATION OF WAYNE BEAGLE FOR A
CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-6
TO A-2 Z010881217A
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Wayne Beagle for a
Change of Zoning District Classification from R-6
Residential District to A-2 Apartment District on
certain property located on the west side of
Pleasure House Road, 75 feet south of Machen
Avenue. Said parcel contains 1.38 acres. Plats
with more detailed information are available in the
Department of Planning. BAYSIDE BOROUGH.*
The following conditions shall be required:
1. *Rezoning to A-12 with limitation of 9 units for
1.2 acre parcel on the easternmost portion of the
property on Pleasure House Road. Other ten
thousand (10,000) square foot parcel, western end
of property, shall remain R-7.5.
2. Dedication of right-of-way along Pleasure House
Road to provide for an ultimate four-lane undivided
roadway.
3. The utilization of Best Management Practices for
controlling stormwater runoff which are reasonably
applicable to the development of this site.
- 20 -
Item IV-F.I.a.
PUBLIC HEARING
PLANNING ITEM # 30136
4. Permission must be obtained from the City of
Norfolk to drain storm. water into Lake Bradford.
5. Right of way improvements along Pleasure liouse Road
to include pavement widening, curb and gutter,
sidewalks, etc.
6. Further conditions may be required during the
administration of applicable city ordinances.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Tenth
day of October, Nineteen Hundred and Eighty-eight.
Voting: 8-2
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Barbara M. Henley, llayor l,eyera E.
Oberndorf, Nancy K. Parker, John L. Perry and William
D. Sessoms, Jr.
Council Members Voting Nay:
Reba S. McClanan and John D. Moss
Council Members Absent:
Harold Heischober
- 21 -
Item IV-F. I b.
PUBLIC HEARING
PLANNING ITEM # 30137
Delegate Glen Croshaw, Phone: 490-6000, represented the applicant
Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City
Oouncil APPROVED, subject to Compliance of Conditions by April 10, 1989, an
ordinance upon application of CHESAPKAKE & POTOMAC TELEPHONE CCKPANY OF
VIRGINIA, INC. for the discontinuance, closure and abandoroent of a portion of
Holly Avenue
Application of Chesapeake & Potomac Telephone
Company of Virginia, Inc. for the discontinuance,
closure and abandonment of a portion of lblly
Avenue beginnirig at the western boundary of North
(3reat Neck lbad and running easterly a distance of
150.47 feet. Said parcel contains 3773.78 square
feet. More detailed information is available in the
Department of Planning. LYNNHAVEN BOROUGH.
The following conditions shall be required:
1. The ultimate disposition of this right-of-way shall
be by purchase rather than direct conveyance,
subject to determination by the City Attorney's
Office.
2. @subdivision of the Froperty and vacation of
internal lot lines to incorporate the closed area
into adjoining parcels, as @ll as to ensure that
all lots have access to a public street.
3. The applicant is responsible for making
arrangements to accommodate any non-municipal
utilities which may be located in the right-of-way
proposed for closure.
4. Dedication of a private easement or relocation of
existing Virginia Power facilities located within
the area proposed for closure at the applicant's
expense.
5. Dedication of a utility easement as determined by
Public Utilities over the sanitary sewer line
located within the portion of right-of-way to be
closed. A ten-foot (10') easement is required over
the southern ten-feet (101) of riqht-of-way to be
closed.
6. Clostwe of the right-of-way shall be contingent
upon compliance with the above stated conditions
within 180 days of the approval by City Council.
- 22 -
Item IV-F. 1 b.
PUBLIC HEARING
PLANNING ITEM # 30137 (Continued)
Voting: 9-0
Council Members Voting Aye:
John A. Bam, Vice Mayor Robert E. Fentress, Barbara
M. Henley, Reba S. @Clanan, John D. Moss, Mayor
Meyera E. Cberndorf, Nancy K. Parker, John L. Perry*
and William D. Sessorns, Jr.
Council Members Voting Nay:
None
Council Members Abstaining:
Albert W. Balko
Council Members Absent:
Harold Heischober
*Councilman Balko ABSTAINED as he is retired from Chesapeake & Potomac
Telephone Company
*Verbal Aye
ORDINANCE NO.
IN THE NIATTER OF THE CLOSING, VACATING
AND DISCONTINUING A PORTION OF THAT CERTAIN
STREET KNOWN AS HOLLY AVENUE, AS SHOWN
UPON THAT CERTAIN PLAT ENTITLED "25
FOOT STRIP ADJACENT TO LOT 12 BLOCK O.,
AS SHOWN AS HOLLY AVENUE ON THE AMENDED
NIAP OF PROPERTY OF LYNNHAVEN BEACH AND PARK
CO., MAP BOOK 3, PAGE 71, LYNNHAVEN
BOROUGH, VIRGINIA BEACH, VIRGINIA
WHEREAS, it appearing by affidavit that proper notice
has been given by Chesapeake & Potomac Telephone Company of
Virginia, Inc., that it would make application to the Council
of the City of Virginia Beach, Virginia, on the _ day of
-1 1988, to have tlie 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:
ALL that certain parcel of land located
immediately north of the old Norfolk and
Southern Railroad right of way and immediately
west of Great Neck Road and inimediately
south of lot 12 in Block 0 and immediately
east of the southerly prolongation of the
line separating the aforesaid lot 12 in
Block 0 from lot 11 in Block 0 as shown
on the amended map of "Property of Lynnhaven
Beach and Park Co. , " which map is recorded
in the Office of the Clerk of the Circuit
Court of the City of Virginia Beach, Virginia,
in Map Book 5 at page 71, and with reference
to the abovedescribed amended map of "Property
of Lynnhaven Beach and Park Co.," being
more particularly bounded and described
as follows: Beginning at the southeast
corner of the abovedescribed lot 12 in Block
0 as shown on the aforesaid amended map
of "Property of the Lynnhaven Beach and
Park Co.," and from said point of beginning
running thence South 05 degrees 21 -minutes,
along the west right of way line of the
aforesaid Great Neck Road, a distance of
25.08 feet to a point located in the aforesaid
west right of way line of Great Neck Road
and which point is also located in the north
boundary line of the old Norfolk and Southerri
Railroad right of way; thence turning and
running south 80 degrees 05 minutes west,
along the north boundary line of the aforesaid
Norfolk and Southern Railroad right of way
a distance of 150.47 feet to a point located
in the north boundary line of the aforesaid
old Norfolk and Southern Railroad right
of way; thence turning and running north
05 degrees 21 minutes west a distance of
25.08 feet to a point which constitutes
the southwest corner of the aforesaid lot
12 in Block 0; thence turning and running
north 80 degrees 05 east, along the
abovedescribed southern boundary line of
lot 12 in Block 0, a distance of 150.47
feet to the point and place of beginning
of this description.
All of the above, as shown upon that certain plat and physical
survey entitled "25 foot strip adjacent to Lot 12 Block O"
as shown as Holly Avenue on the amended map of property of
Lynnhaven Beach and Park Co., Map Book 3, page 71, Lynnhaven
Borough, Virginia Beach, Virginia, which is made a part hereof
by reference.
SECTION II
A certified copy of this ordinance shall be filed
in the Office of the Circuit Court of the City of Virginia
Beach, indexed in the name of the City of Virginia Beach, as
grantor.
SECTION III
Adopted:
This ordinance shall be effective sixty (60) days from the
date of its adoption.
- 23 -
Item IV-F. 1 c .
PUBLIC H@ING
PLANNING ITEM # 30138
James DeBellis, Director of Economic Development, represented the applicant
Upon motion by Cbuncilwoman Parker, seconded by Vice @yor Fentress, City
@uncil APPROVED, subject to Compliance of Conditions by April 10, 1989, an
ordinance upon application of ROBERT J. RUHL, Departinent of @onomic
Develognent for the discontinuance, closure and abandorunent of a portion of
Bayside Rc)ad:
Application of lbbert J. @hl, Department of
Economic Developrnent, for the discontinuance,
closure and abandonment of a portion of Bayside
Road beginning at a point 500 feet more or less
southwest of the northern terminus of Air Rail
Road. Plats with more detailed information are
available in the Department of Planning.
The following coriditions shall be required:
1. A drainage easement(s), acceptable to the City
Departuent of Public Wor ks Engineering, is
required. A thirty six (36") inch reinforced
concrete pipe exists in the right-of-way proposed
for closure.
2. A utility easement(s) , acceptable to the City's
Departinent of Public Works Utilities, is required
over the @ter line(s) existing in the right-of-way
proposed for closure.
3. applicant is responsible for making
arrangernents to accommodate any utilities located
in the right-of-way proposed for closure which do
not belong bD the City of Virginia Beach. it
appears that City of Norfolk utilities are located
in the right-of-way proposed for closure and a
twenty (20") inch Navy line. Verification that
arrangements have been completed must be submitted
to the Planning Department.
4. The cul-de-sac must be relocated to the southwest
as shown on the submitted plat and constructed to
City stan'lards at the expense of the applicant.
5. 'Ihe existinq fire hydrant and appurtenances located
in the right-of-way proposed for closure must be
relocated at the expense of the applicant.
6. The ultimate disposition of this right-of-way shall
be by direct conveyance, to the Virginia Beach
Developrnent Authority at no cost.
7. Pesubdivision of the property and vacation of
internal lot lines to incorporate the closed area
into adjoining parcels, as @ll as to ensure that
all lots have access to a public street.
8. Closure of the right-of-way shall be contingent
upon compliance with the above stated conditions
within 180 days of the approval by City (buncil.
- 24 -
Item IV-F.l.c.
PUBLIC HMING
PLANNING ITEM # 30138
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Barbara M. Henley, Reba S. McClanan, John
D. Moss, Mayor Meyera E. CI)erndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent;
Harold Heischober
ORDINANCE NO.
IN THE MATTER OF CLOSING, VACATING AND
DISCONTINUING A PORTION OF THAT CERTAIN
STREET OF VARIABLE WIDTH, KNOWN AS BAYSIDE
ROAD, AS SHOWN UPON THAT CERTAIN PLAT ENTITLED,
"PLAT OF RIGHT OF WAY VACATION FOR VIGINIA
BEACH DEVELOPMENT AUTHORITY BAYSIDE BOROUGH
VIRGINIA BEACH, VIRGINIA,,, WHICH PLAT IS
ATTACHED HERETO.
WHEREAS, it appearing by affidavit that proper notice
has been given by the City of Virginia Beach Development
Authority, that they would make application to the Council of
the City of Virginia Beach, virginia, on September 13
1988, to have the hereinafter described street discontinued,
closed, and vacated; and
WHEREAS, it is the judgment of the Council that said
street be discontinued, closed, and vacated;
NOW, THEREFORE,
SECTION I
BE IT ORDAINED by the Council of the City of Virginia
Beach, Virginia, that the hereinafter described street be
discontinued, closed, and vacated:
Beginning at a point on the southeast
right-of-way line of Bayside Road where the
common boundary line between Parcels 1 and
2 intersect the aforesaid southeast right-
of-way line of Bayside Road as shown on
that certain plat prepared by Langley and
McDonald, P.C. entitled "PLAT OF RIGHT OF
WAY VACATION FOR VIRGINIA BEACH DEVELOPMENT
AUTHORITY BAYSIDE BOROUGH VIRGINIA BEACH,
VIRGINIA, dated August 1, 1988, a copy of
which is attached hereto and made a part
hereof to which reference is made for a
more particular description.
From the aforementioned point of beginning
along the southeast right-of-way line of
Bayside Road N371 351 36"E 138.40' to a
Point; thence along a curve to the left
having a radius of 900.00', an arc distance
of 160.211 to a point; thence, along a
curve to the right having a radius of
1,415.52', an arc distance of 51.85, to the
true point of beginning; thence, along a
curve to the left having a radius of 62.00'
an arc distance of 103.05' to a point on
the northwest right-of-way line of Bayside
Road; thence, continuing along the
aforementioned right-of-way line N33' 51,
56"E 455.67' to a point; thence, N441 161
14"E 5.651 to a point; thence, along a
curve to the right having a radius of
62.001 an arc distance of 258.08'to a
point; thence, along a curve to the left
having a radius of 38.00', an arc distance
of 45.701 to a point on the southeast
right-of-way line Of Bayside Road; thence,
continuing along the aforementioned right-
of-way line S33' 51, 56"W 183.10, to a
point; thence, along a curve to the left
having a radius of 1415.52', an arc
distance of 107.961 to the point of
beginning. The aforedescribed parcel lies
wholly within the City of Virginia Beach,
Virginia and contains 33,370 square feet or
0.7661 acres.
Said parcel of land designated as "BAYSIDE ROAD
(VARIABLE WIDTH R/W)" 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
2
Beach, Virginia, and indexed in the name of the City of
Virginia Beach as Grantor.
SECTION III
This Ordinance shall be effective sixty (60) days
from the date of its adoption.
Adopted:
3
2 5
Item IV-F. 1 d .
PUBLIC HEARING
PLANNING ITEM # 30139
Richard C. Burroughs, Agent for his father and applicant, Charles F. Burroughs,
Jr.
Upon motion by Vice Mayor Fentress, second@ by Councilman Sessoms, City
Council AUTHORIZED FINAL APPROVAL of an Ordinance for the discontinuance,
closure and abandorment of a portion of Five Fbrks @ad in the petition of
CHARLES F. BURROUGHS, JR.
Application of Charles F. Burroughs, Jr., for the
discontinuance, closure and abandorment of a
portion of Five Fbrks Road beginning at the
southwest intersection of First Court Road and
Greenwell Road and running in a southwesterly
direction a distance of 737.53 feet. Said parcel
is variable in width from 31.70 feet to 33.66 feet
and contains 24,020 square feet more or less .
Plats with more detailed information are available
in the Departynent of Planninq. BAYSIDE BOROUGH.
Voting: 9-0
Council Members Voting Aye:
Albert W. Balko, John A. BaLin, Vice Myor Robert E.
Fentress, Barbara M. Henley, Reba S. McClanan, John
D. Moss, Mayor Mzyera E. Cberndorf, @ncy K. Parker
and William D. Sessorns, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober and John L. @-rry
ORDINANCE NO.
IN THE MATTER OF CLOSING, VACATING AND DTSCONTINUING A
PORTION OF THAT CERTAIN STREET KNOWN AS FTVE FORKS ROAD,
LOCATED IN BAYSTDE BOROUGH OF TFIE CITY OF VIRGTNTA BEACFI,
VIRGINIA, AS SHOWN ON TIIAT CERTAIN SURVEY ENTTTLED "MAP OF
PORTION OF FTVE FORKS ROAD TO BE CLOSED, BAYSIDE BOROUGH,
VIRGINIA BEACH, VIRGINIA, FOR CHARI,ES F. BURROUGHS, JR.",
WIIICH SURVEY IS ATTACHED HERETO.
WHEREAS, it appearinq by affidaNTit that proper notice
has been gi-ven by Mr. Charles F. Burroiighs and Mrs. Virginia
P. Biirrouqhs that they would make application to the Council
of the Citv of Virginia Beach, Vi.rginia on tlie 24th day of
August, 19@7, to have the hereinafter described street
discontinued, closed and vacated; and
WHEREAS, it is the judgment of the counci.1 that said
portion of the hereinafter described street be discontinued,
closed and vacated.
NOW, THEREFORE,
SECTION I
BE IT ORDAINED by the Councij. of the City of Virginia
Beach, Vi-rgini-a that the hereinafter described street he
discontinued, closed and vacated:
Commencing at the qrid coordinates N 213,701.84 E
2,694,OB8.27 of an existing stone rnoniiment on Five Forks
Road according to the Vi-rqini-a State Plane Coordinate
System, Lambert Grid, South Zone, and as shown on the p]-at
of "Thorouqhgood, Section 1", recorded in Map Book 39, Pages
37-41, said monurnent being tbe Point of Beginning; thence
turning and running N 86'42'38" W, a cliftance of 31.70 feet;
thence N 22108125" E, a distance of 732.51 feet to a point
in the southern right-of-way line of First Court Road;
thence turning and running along said southern right-of-way
line N 85*10'54" E, a distance of 33.66 feet; thence turning
and running S 22*08'25" W, a distance of 737.53 feet to the
Point of Beginning.
All as more particul.arly shown on that certain survey
entitled "Map of Portion of Five Forks Road to be Closed,
Bayside Borotigh, Virginia Beach, Virginia, For Charles F.
Burrouqhs, Jr.", which survev is attached hereto and
incorporated herein by this reference.
-1-
GPIN 1479-85-7094
Less and except (i) the Pedestrian , Bicycle and
Utilitv Easement, all of which are shown on the plat
entitl@d "Resubdivision of Property of Charles F. Burroughs,
Jr. and Virgini.a P. Burroughs, Bayside Borough, Virginia
Beach, Virginia", dated June 14, 1988, which is incorporated
herein by this reference; and (ii) the Utility Easement
granted to the City of Virqinia Beach by deed recorded in
the Clerk's Office of the Circuit Court of the City of
Virginia Beach in Deed Book 181.7, at page 742.
SECTTON II
A certified copy of this Ordinance shall. be filed in
the Clerk's office of th(, Circiii.t Court of the City of
Virginia Beach, indexed iii the name of the City of Virginia
Beach as Grantor.
Adopted by the Council of the City of Virginia Beach,
Virqinia on the 10th dav of October , 1988.
Thi-s ordinance shall be effective sixty (60) days from
the date of its adopti.on.
STATE OF VIRGINIA,
CITY/CGUNTY-OF to-wit:
I, a Notary Public in
and for the City and State aforesaid, do hereby certi-fy that
Virqinia P. Burrouqhs, whose name is siqned to tlie foregoinq
writinq, bearinq date tlie @ day of
1988, has acknowledqed same before me- -i.n my City and State
aforesaid.
t L.
Given under my hand this day of
19 8 8 .
Notary Public
My commission expires:
-4-
S -0874
,LTH
P. CO
No.
COURT
.SITE
r
CATION MAP SCALE: I2370
BEARINGS, DISTANCES 6 COORDINATE VALUES
SHOWN HEREON ARE REFERRED TO THE VIRGINIA
STATE PLANE COORDINATE SYSTEM, LAMBERT
GRID, SOUTH ZONE AND ARE BASED UPON THE
COORDINATE VALUES OF THE EXISTING STONE
MONUMENT ON FIVE FORKS ROAD AS SHOWN
ON THF PLAT OF "THOROUGHGOOD SECTION lit
RECORDED IN M.B. 39 - P. 37-41.
CONC.
AREA= 0.506 AC.
SPIKE IN
CONC. N FORMERLY
CHARLES F. BURROUGHS, JR.
(D.B. 175, P. 221)
PARCEL B PARCEL A
AREA=39.390 AC. AREA=220.669 AC.
N 213, 7 01. 8 4
31.70@ E 2,694,088.27
'N 86- 42.3i,.w w
617 618 619 620 621 1122 16 STONE /
I 343/ 5
THOROL)GHGOOD THOROUGHGOOD
SECTION 5 SECTION I
(M. B. 42, P. 5 4) (M.B.39, P 37-41)
G)
MAP
OF
PORTION OF
FIVE FORKS ROAD rn
TO BE CLOSED
BAYSIDE BOROUGH
VIRGINIA BEACH, VIRGINIA
FOR
CHARLES F. BURROUGHS, JR.
-o
SCALE:l zpoo' JULY 13, 1987
EN@IKM - VAVCYOMI - PL@$ 0
WMFCU, YIROIMIA 0
THIS DEED OF DEDICATTON, Made this @ day of October,
1988, by and between Charles F. Burroughs, Jr. and Virginia
P. Burroughs, husband and wife, collectively, the first
party; and THE CTTY OF VIRGINIA BEACH, a municipal
subdi-vision of the Commonweal.th of Virginia, the second
party, whose address is Municipal Center, Princess Anne
Station, Virginia Beacb, Virginia 23456;
W I T N E S S E T H:
That for and in consideration of the mutual benefits
accruing or to accrue to the above-mentioned parties, and
other good and valuable consideration, the siifficIiency and
rc,ceipt of whicli are hereby acknowledged, the first party
does hereby dedicate, grant and convey, with General
Warranty and English Covenants of Title, a non-exclusi.ve-
perpetual right-of-way and easement unto the said second
party, and/or its successors and assigns, to construct,
reconstruct, alter, operate and maintain a pedestrian,
bicycle and utility easement in, under, upon and across the
lands of the first party, including the right of ingress and
egress to the same, described as follows:
-1-
GPIN 1479-85-7094
That property described, I.abeled and desiqnated as a
"15' Pedestrian, Bicycle and Utility Easement" as shown
on that certain plat entitled "Resubdivison of Property
of Charles F. Burrouqhs, Jr. and Virginia P. Burroughs,
Bayside Borouqh, Virginia Reach, Virqinia," dated June
14, 1988, prepared by Baldwin & Greqg, Ltd., said plat
to be recorded simultaneously herewith in the Offi.ce of
the Clerk of the Virqinia Beach Circuit Court and to
which reference is made for a more particular
description.
Tt is agreed between the parties hereto that tlie second
party and its agents, assigns, and/or successors shall have
the right to j-nspect the said easement and to cut and clean
all undergrowth and other obstructi.ons i-n and along the said
easement or adjacent thereto that may in any way endanger or
interfere with the proper use of same.
The first party covenants that it is seized in fee
simple of the said propertv; that ;t has the right to convey
the same unto the said second party; that the second party
shall have quiet and peaceable possession of tbe same,
subject only to the encumbrances of record as of the date
first above written.
The first party covenants and agrees for its successors
and/or assigns, that the consideration aforementioned shall
be in lieu of any-and all claims of compensation and damages
for a taking by reason of the location, construction,
reconstruction, alteration or maintenance of said facil.ity.
-2-
WITNESS the following siq
Btrr'6ughs, Jr
STATE OF VIRGINIA,
CITY/eeUNT-v OF to-wit:
I, OCA@@e(T I a Notary Public in
and for the City and State aforesaid, do hereby certify that
Charles F. Burroughs, Jr. whose name is signed to the
foregoing writing, bearing date the @i- day of
')88, has ackno,,Tledqed sarne before me in mv
City and State aforesaid.
Given under my han(i th-i-s
day of
1988.
Notary Public
My commission expires:
-3-
- 26 -
Item IV-F. 1 e .
PUBLIC REARING
PLANNING ITEM # 30140
Jerry Sutphin, EKecutive Director for Humana Hospital-Bayside
Upon motion by Councilman Moss, seconded by Vice Mayor Fentress, City (buncil
ADOPTED an Ordinance upon application of HUMANA VIRGIN3A HOSPITAL CORPORATION
d/b/a H=ana Hospital-Bayside for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF H@NA VIRGINIA
HOSPITAL CORPORATION d/b/a HU14ANA HOSPITAL-BAYSIDE
FOR A CONDITIONAL USE PERMIT R010881171
BE IT HERE BY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Humana Virginia
Hospital Corporation, d/b/a Humana Hospital-Bayside
for a Conditional Use Permit for a hospital
addition (obstetrics) at the northeast corner of
Independence Boulevard @ Witchduck Road. Said
parcel is located at 800 Independence Boulevard and
contains 17.948 acres.
The following condition shall be required-
1. All overh@ liqhtirig in the parking lot adjacent
to the single family area shall be designed to
direct away frcm the residences.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Couricil of the City of Virginia Beach, Virginia, on the @nth
day of October, Nineteen Hundred and Eighty-eight.
2 7
Item IV-F.l.e.
PUBLIC HEARING
PLANNING ITEM # 30140
Voting: 7-0
Council Members Voting Aye:
John A. Baiin, Vice Mayor Robert E. Fentress, Barbara
M. Henley, John D. Moss,* Mayor Meyera E. Cberndorf,
Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Abstaining:
Albert W. Balko and Reba S. McClanan
Cc)uncil Members Absent:
Harold Heischober and John L. Perry
*Verbal Aye
Councilman Balko ABSTAINED as he vas associated with Humana Hospital-Bayside.
Councilwom,an McClanan ABS7AINED as she just cornpleted a tem on the Board of
Directors of Bimana Hospital-Bayside and has been actively involved
in this application.
28 -
Item IV-F. 1 h.
PUBL13C HEARING
PLANNING ITEM # 30141
Richard F. Broudy, 310 Pembroke Cne Buildinq, represented the applicant
Upon motion by Councilwoman @Clanan, seconded by (buncilman Balko, City
(buncil ADOPTED an Ordinance upon application of MARY S. DURRANT E)CHOLS for a
ODnditional Use Permit for a singlt-family dwelling in the AG-1 Agricultural
District:
ORDINANCE UPON APPLICATION OF MARY S. DURRAMR
B2HOLS FCR A CONDITIONAL USE PERMIT FOR A SINGLE
FAMILY DWELLING R010881172
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGTNIA BEACH, VIRGINIA
Crdinance updn application of %ry S. Durrant for a
Conditional use Permit for a single f&nily dwellinq
in the AG-1 Agricultural District located 2700 feet
more or less west of General Booth Boulevard
beginning at a pc)int 2900 feet more or less north
of London Bridge Road (Relocated). Said parcel is
located on Site A-6 Princess Anne Hunt Club and
contains 10 acres. More detailed information si
available in the Departnent of Planning. PRINCESS
ANNE BOROUGH.
The following conditions shall be required:
1. nis site will require the necessary approvals from
the flealth Deparbnent for the installation of a
well, septic tank and drainfield.
2. No City Services shall be provided to the parcel.
3. Any road must be maintained as an ingress/egress
suitable for Fire and Safety vehicles.
4. An agreernent encompassing these deed restrictions,
subj ect to review and approval by the City
Attorney, shall be recorded with the Clerk of
Circuit (burt prior to the issuance of any building
permit.
Ihis ordinance sball be effective upon the date of adoption.
Adopt@ by the ODuncil of the City of Virginia Beach, Virginia, on the @nth
day of October, Nineteen Hundred and Eighty-eight.
- 29 -
Item IV-F.l.f.
PUBLIC BEARING
PLANNING ITEM # 301 41 (Continued)
Votirig: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice @yor Rc)bert E.
Fentress, Barbara M. Henley, Reba S. McClanan, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
- 30 -
Item IV-F. 1 g.
PUBLIC HFMING
PLANNING ITEM # 30142
Kenneth Thompson, Phone: 420-2397, Architect for the New Light Baptist Church
Robert B. Wilson, Sr., 1224 General Street, Phon@: 420-1757, represented the
applicant
Upon motion by Cbuncilman Mc)ss, seconded by vice Myor Fentress, City (buncil
ADOPTED an Ordinance upon application of NEW LIGHT BAPTIST CHMCH for a
Conditional @ Permit:
ORDINANCE UPON APPLICATION OF THE NEW LIGHT BAPTIST
CHURCH FOR A CONDITIONAL USE PERMIT FOR CHUICH
ADDITIONS (DAY CARE CERRER, ADMINISTRATION OFFICE,
ED[rATIONAL BUILDING AND ADDITIONAL PARKING)
R010881173
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of The New Light Baptist
Church for a Conditional Use Permit for church
additions (day care center, administration office,
educational building and additional parking) on the
following parcels:
Parcel 1: lzcated at the southwest corner of Indian
River Road and Church Street.
Parcel 2: LDcated on the east side of Church Street
begi-nning at a point 495.8 feet south of Indian
River Road.
Said parcels contain 2.705 acres. More detailed
inforrnation is available in the Department of
Planning. KEMPSVILE BOROUGH.
The followirig conditions shall be required:
1. Mie utilization of Best Mnagement Practices for
controlling stormwater runoff which are reasonably
applicable to the developinent of the site.
2. Hours of operation for the day-care center shall be
limited to 6: 00 a.m. and 6: 00 p.m.
3. The day-care center shall be limited to seventy-
five (75) children.
4. The parking shall be located on Parcel 1. Off-site
parking, as proposed by the applicant on Parcel 2,
is not permitted by the City Zc)ning Ordinance.
- 31 -
Item III-P. 1 g.
PUBLTJC HFAR:ENG
PLANNING ITEM # 30142 (Continued)
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Tenth
day of October, Nineteen Hundred and Eighty-eight,
Voting: 9-1
Council Members Voting Aye:
Albert W. Balko, John A. Bam, Vice Myor Robert E.
Fentress, Barbara M. Henley, Reba S. McClanan, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker,
and William D. SessoTns, Jr.
Comcil Members Voting Nay:
John L. Perry
Council Members Absent:
Harold Heischober
- 32 -
Item IV-F.l.h.
PUBLIC HEARING
PLANNING ITFM # 30143
Richard K. Stell, 4317 Bonney Road, Phone: 486-4910, represented the applicant
Upon motion by Councilwc)man Parker, seconded by Councilman Moss, City Cbuncil
ADOPTED an Ordinance upon application of TENCH H. PHILLIPS, JR. for a
Conditional Use Permit;
ORDINANCE UPON APPLICATION OF TENCH H. PHILLIPS,
JR., FOR A CONDITIOUKL USE PERMIT OF A BULK STORAGE
YARD ON CERTAIN PROPERTY R010881174
BE IT HEREBY ORDAINED BY THE COUWIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of @nch H. Phillips,
Jr., for a Cc)nditional Use Permit for a bulk storge
yard on certain property located on the south side
of Cleveland Street, 250 feet east of Opal Avenue.
Said parcel contains 3.029 acres. Plats with more
detailed i-nformation are available in the
Department of Planning. BAYSIDE BOROUGH.
The following conditions shall be required:
1. The applicant is to adhere to the screening
requirements pertaining to bulk storage yards set
forth in the City Zoning Ordinance, including a
solid wooden fence.
2. 'Ihe utilization of Best Management Practices for
controlling stormwater runoff which are reasonably
applicable to the develoement of the site.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Oouncil of the City of Virginia Beach, Virginia, on the @nth
day of October, Nineteen Hundred and Eighty-eight.
Voting: 10-0
Council @mbers Voting Aye:
Albert W. Balko, John A. Baun, Vice Mayor Robert E.
Pentress, Barbara M. Henley, Reba S. McClanan, John
D. Moss, Mayor Meyera E. Cberndorf, @ncy K. Parker,
John L. Perry and William D. Sessoins, Jr.
Council Members Voting Nay:
None
Council Members Absent-
Harold Heischober
- 33 -
Item IV-F. 1 i .
PUBLIC HEZRING
PLANNING ITFM # 30144
Attorney R. J. Nutter represented the applicant
Eduard S. Garcia, Jr . , President and Assistant-Secretary, Fhlse Ca pe
Enterprises, Incorporated, represented the applicant.
Upon motion by (buncilwoman YcClanan, seconded by Councilman Perry, City
Council ADOPED an Ordinance upon application of FALSE CAPE ENTERPRISES f,,, a
Conditional Use Permit.
ORDINANCE UPON APPLICATION OF FALSE CAPE
ENTERPRISES, INC. FOR A CONDITIONAL USE PERMIT FOR
COMMERICAL RECREATIONAL FACILITIES R010881175
BE IT HFREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRIGNIA
Crdinance upon application of False Ca pe
En te r pr i se s ,Inc., for ccinmercial recreational
facilities of an outdoor nature on certain Eroperty
located on the east side of Las Brisas Drive, 70
feet more or less north of Sandbridge Road. Said
parcel contains 3.31 acres. More detailed
information is available in the Department of
Planning. PRINCESS ANNE BOROUGH.
The following conditions shall be required:
1. An open fence shall be installed al.ng th,! bord,r
of the property adjacent to the residential areas
including Parcel C-2C. With the exception of
Parcel C-2A, Category I landscaping shall be
installed along the interior portion th,! !ntir@
l@th of that property including Parcel C-2C. A
berm shall be utilized with the shrubbery inside
the fence adjacent to the day-care center and
property currently zoned for residential use. The
height shall be determined in accordance with th,
requirements of city staff.
2. 'Ihe utilization of Best Manaqement Practices for
controlling stormwater runoff which are reasonably
applicable to the develorment of the site and in
keeping with the recaam@ations for the proposed
Back Bay/North landing River Management District.
3. Liqhting fran the tennis courts an,] swimming pool
should be oriented so as to not spill over onto any
of the adjoining residential properties.
4. The proposed entrance shall be relocated to provide
for a shared entrance with the adjoining B-2 parcel
(Parcel C-2C).
5. 9he facilities shall be closed at MIDNIGHT.
- 34 -
Item IV-F. 1 i .
PUBLI[C HEARING
PLANNING ITEM # 30144 (Continued)
nis Ordinance shall be effective upon the date of adoption.
Adopted by the Oouncil of the City of Virginia Beach, Virginia, on the @nth
day of October, Nineteen Huridred and Eighty-eight.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baun, Vice Mayor Robert E.
Fentress, Barbara M. Henley, Reba S. McClanan, John
D. Moss, Mayor Meyera E. Cberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council I*mbers Voting Nay:
None
Council I*mbers Absent:
Harold Heischober
3 5
Item IV-F. 1 j
PUBLIC HEARING ITEM # 30145
P@ING
Senator Moody E. Stallings, Jr 3330 Pacific Avenue, Phone: 422-4700,
represented the applicant
Richard H. Povmll, President, Virgi-nia @ach Christian Outreach Group, the
applicant, represented himself
@e Chief Deputy City Clerk announced Commander @rrell, NAS Oceana, had
telephoned as he was unable tD attend the City Cc)uncl @eting and wished to
outline the Navy's concerns as expressed during the D*eting of the Planning
Commission.
Upon motion by Councilman Balko, seconded by oduncilman Perry, City Council
ADOPTED ordinances upon application of VIRGINIA BEKCH CHRISTIAN OUTRMCH GROUP
for a Oiange of zoning and Oonditional Use Permit:
ORDINANCE UPON APPLICATION OF VIRGINIA BEACH
CHRISTIAN OUTREACH GROUP FOR A CHANGE OF ZONING
forin B-2 to A 48 A-12 Z010881218
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE-CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Virginia Beach
Christian Outreach Group for a Change of Zoning
District Classification from B-2 CoTnmunity Business
District tc) * 18 A-12 Apartment District on the
south side of Virginia Beach Boulevard, 540 feet
east of North Birdneck Road. Said parcel is located
at 1049 and 1053 Virginia Beach lbulevard and
contains 41,382 square feet. More detailed
information is available in the Department of
Planning. LYNNHAVEN BOROUGH.
A N D,
CRDINANCE UPON APPLICATION OF VIRGINIA BEACH
CHRISTIAN OUTREACH GROUP FOR A CONDITIONAL USE
PERMIT FOR A (MOUP HOME R010881176
BE IT HEREBY ORDAINED BY THE COUWIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Crdinance upon application of Virginia Beach
Christian Outreach Group for a Conditional Use
Permit for a group horne on the south side of
Virginia @ach Boulevard, 540 feet east of North
Birdneck Road. Said parcel is located at 1049 &
1053 Virginia Beach BDulevard and contains 41,382
square feet. More detailed information is available
in the Departinent of Planning. LYNNHAVEN BOROUGH.
3 6
Item IV-F. 1 j
PUBLIC HEARING ITEM # 30145 (Continued)
PLAMING
The following conditions shall be required:
1. The rezoning request is hereby modified to A-12
Apartinent District.
2. aisting trees shall remain along the eastern,
western and southern property lines.
3. The use permit for a group home shall be granted
for a period of three years.
4. The utilization of Best Managernent Practices for
controllirxg stormwater runoff which are reasonably
applicable to the develoement of the site.
5. The maximum number of persons residing in the
single-family residence at any one time shall be
limited to twelve (12), including children. The
maximum number of persons residing in the apartment
building shall be limited to twenty (20).
6. Approval shall be for the existing buildings. Any
proposed building shall be subject to reapplication
for a conditional use permit.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the @nth
day of October, Nineteen Hundred and Eighty-eight-
Voting: 10-0
Council Members Votinq Aye:
Albert W. Balko, John A. Baun, Vice Mayor Robert E.
Fentress, Barbara M. Henley, Reba S. McClanan, John
D. Moss, Mayor @yera E. Oberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Tr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
3 7
Item IV-F. 1 k
PUBLTJC HEARING
PLANNING ITEM # 30147
Gil Holt, Jr., 2964 Adam Keeling Road, Phone: 481-7092, President of Signet
Enterprises, represented the applicant and distributed a information vhich
included a letter dated August 5, 1988, frcm the Homestead Civic League,
indicating support of the application, a subdivision plat indicating the
street closure highlighted in black and an aerial photograph depicting the
area with the portions highlighted in yL-Ilow. (Said information is hereby
made a part of the record.)
Earl H. @ssell, 947 Whitehurst Landing @ad, Phone: 420-4437, was not in
opposition but inquired relative his property d@ed tc) the City for the
improvement and expansion of Thompkins Tane.
Upon motion by Oouncilman Moss, seconded by Vice Mayor Fentress, City Council
APPROVED, subject to Compliance of @nditions by April 10, 1989, an Ordinance
upon application of SIGNET ENTERPRISES, LTD. for the discontinuance, closure
and abandorment of the followinq portions of 'Ihompkins Lane-
Application of Signet Enterprises, Ltd. for the
discontinuance, closure and abandoriment of the
following portions of Thornpkins Lane:
Parcel 1- Beginning at a point 250 feet more or
less north of Thompkins Court, running a distance
of 1 02. 66 feet in an easterly direction and running
a distance of 125.86 feet in a northerly direction.
Parcel 2: Beginning at a point 190.72 feet south of
the intersection of Thompkins Lane and E. Goodview
Drive and running a distance of 612.81 feet in a
southerly direction.
Said parcels contain 17,648 square feet. Plats with
more detailed infonnation are available in the
Departrnent of Planning. KEMPSVILLE BOROUGH.
The following comitions shall be required:
1. Dedication of the alternate right-of-way in
conformance wi th an approved preliminary
subdivision plat.
2. 'Ihe ultimate disposition of this right-of-way shall
be by direct conveyance. The developer is
dedicating and improving an equivalent right-of-way
wi th the develoement of the residential
subdivision.
3 . The applicant is responsible for making
arrangernents to accommodate any non-municipal
utilities %hich may be located in the right-of-way
proposed for closure. Prior bc) the finalization of
this street closure, a letter shall be submitted to
the Planning Department from Virginia Natural Gas
showing tha t an agreement has been reached
regarding the eight (8) inch natural gas
transmission line c ur r en tl ylocated upon the
property being developed.
- 38 -
Item III-F. 1 k.
PUBLIC HEARING ITEM # 30146 (Continued)
PIANNING
4. Resubdivision of the @operty and vacation of
internal lot lines to incorporate the closed area
into adjoining parcels, as vmll as to ensure tha t
all lots have access to a public street.
5. Area shall be reserved for a street tie to Ea st
Goodview Drive for a period of five (5) years. The
tic shall not be made mless approved by City
Couricil following a public hearing. If the tie is
deeined appropriate by City (buncil, the reserved
area shall be dedicated, at no cost, to the City.
6. Closure of the right-of-way shall be contingent
upon compliance with the above stated conditions
within 180 days of the approval by City (buncil.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baun, Vice Mayor Robert E.
Fentress, Barbara M. Henley, Reba S. McClanan, John
D. Moss, Mayor Meyera E. Cberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
3 9
Item IV-P. I . 1
PUBLIC HEARING ITEM # 30147
PIANNING
Upon motion by Councilwoman Henley, seconded by Vice Mayor Fentress, City
Cc)uncil DENIED the application of PHIL M. BONIFANT for a Variance and an
Ordinance for a Oonditional Use Permit:
Appeal from Decisions of Administrative offices in
regard to certain elernents of the Subdivision
Ordinance, Subdivision for Phil M. Bonifant. Said
parcel is located at 1540 Mill Ianding Road. Plats
with more detailed information are available in the
Departrnent of Planning. PUNGO BOROUGH.
A N D,
CRDINANCE UPON APPLICATION OF PHIL M. BONIFANT FOR
A CONDITIONAL USE PERMIT FOR A SINGLE FAMILY
DWELLING IN THE AG-1 AGRICULTURAL DISTRICT
Ordinance upon application of Phil M. Bonifant for
a Conditional Use Permit for a single family
dumlling in the AG-1 Agricultural District on the
north side of Mill Landing Road, 1250 feet more or
less east of Morris Neck Rcad. Said parcel is
located at 1540 Mill Landirig Road and contains 36
acres. Plats with more detailed information are
available in the Departinent of Planning. PUNGO
BOROUGH.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baun, Vice Mayor Robert E.
Fentress, Barbara M. Henley, Reba S. McClanan, John
D. Moss, Mayor Meyera E. (berndorf, Nancy K. Parker,
John L. Perry and William D. Sessorns, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
- 40 -
Item IV-P. 1 m.
PUBLIC HEARING ITEM # 30148
PLANNING
Upon motion by Vice Mayor Fentress, seconded by Councilman Balko, City CDuncil
ADOPTED:
Ordinance to MEND and REORDAIN Article 9, Section
901 of the City Zoning ordinance -- Regulations for
Principal and Conditional USES in the BUSINESS
DISTRICTS.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice mayor Robert E.
Fentress, Barbara M. Henley, Reba S. McClanan, Tohn
D. Moss, Mayor Meyera E. Cberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
I AN ORDINANCE TO AMEND AND REORDAIN
2 ARTICLE 9, SECTION 901(a)
3 OF THE CITY ZONING ORDINANCE
4 PERTAINING TO USE REGULATIONS FOR PRINCIPAL AND CONDITIONAL
5 USES IN BUSINESS DISTRICTS
6
7 BE IT ORDAINED BY -flie COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
8
9
10 That Article 9, Section 901(a) of the City Zoning Ordinance
11 pertaining to use regulations for principal and conditional uses in
12 business districts is hereby amended and reordained as follows:
13
14 Sec. 901. Use Regu]aLions.
15
16 (a) Principal and conditional uses.
17
18 The following chart lists those uses permitted within the B-1
19 through B-4 Business Districts. Those uses and structures in the
20 respective business districts shall be permitted as either principal
21 uses indicted by a P or as conditional uses indicated by a C. Uses and
22 structures indicated by an X shall be prohibited in the respective
23 districts. No uses or structures other than as specified shall be
24 permitted.
25
26 Use B-1 B-lA B-2 B-3 B-4
27 ---------------------
---------------
28 Animal tiospitals, pounds, shelters,
29 commercial kennels, provided that all
30 aniiiials sliall be kept in soundproofed
31 air conditioned buildings p p p p p
32 Attached dwellings x x x x p
33 Auditoriums, assembly halls and union halls x c p p p
34 -------------------------------------------------------------------------------
35
36 Automobile es and small engine repdir
37 establishments, provided that all repair
38 work shall be performed within a
39 building x x c x c
40 Automobile repair establishments dealing
41 exclusively in minor repairs of the
42 type provide(I dt automobile service
43 stations x x c c c
44 Automobile service stations; provided
45 that, where there is an adjoining
46 residential or apartment district
47 without an intervening street, dlley
48 or permanent open space over twenty-
49 five (25) feet in width and where lots
50 separated by a district boundary have
1/21 adjacent front yards, Cateqory VI
52 screenigl
53 se4id-fenEe shall separate tlie
54 alltomobile service station use from
i 7n
55 Use B-1 B-lA B-2 B-3 B-4
56 ======= ---=---
57 Automobile service stations, continued,
58 the adjacent residential district
59 and no ground sign shall be within
60 fifty (50) feet of the residential
61 or apartment district x x c c c
62 -------------------------------------------------------------------------------
63 Bakeries, confectioneries and delicatessens,
64 provided that products prepdred or
65 processed on the premises shall be
66 sold only at retail and only on the
67 premises p p p p p
68 Bicycle and moped rental establishments x x x x c
69 Boat sales x x p x p
70 -------------------------------------------------------------------------------
71 Borrow pits x x c x x
72 Bulk storage yards and building contractors'
73 yards; provided that no sale or
74 processing of scrap, salvage, or
75 secondhand material shall be permitted
76 in such yards; and, provided further
77 that such storage yards shall be
78 completely enclosed except for
79 necessary opening for ingress and
80 egress by a fence or wall not less
81 than six (6) feet in height x x c x x
82 Business and vocationdl schools which do
83 not involve the operation of woodwork
84 shol)s, machine shops or other similar
85 facilities x p p p p
86 -------------------------------------------------------------------------------
87 Business studios, offices, and clinics p p p p p
88 Car wash facilities, provided thdt: (i)
89 no water produced by activities on
90 the zoning lot shall be permitted to
91 fall upon or drain across public
92 streets or sidewalks or adjacent
93 properties; (ii) a minimum of three
94 (3) off-street parking spaces for
95 automobiles shall be provided for
SS6 each car wash space within the facility. x x c c c
97 Child care and child care education centers c c p p p
98 Churches x c c c c
99 -------------------------------------------------------------------------------
100 Commercial parking lots, parking garages
101 and storage garages x x p p p
102 Commercial recreation facilities other than
103 those of ati outdoor nature x x c x p
104 Dormi@ior-i-es for marine pilots x x x x c
105 Drugstores, beauty shops and barbershops p p p p p
106 Eating and drinking establishments with
107 drive-through windows x x p p p
108
171
109 Use B-1 B-lA B-2 B-3 B-4
110
Ill Eating and drinking establishments without
112 drive-through windows p p p p p
113 -------------------------------------------------------------------------------
114 Financial institutions p p p p p
115 Florists, gift shops and stationery stores p p p p p
116 Funeral homes x p p p p
117 -------------------------------------------------------------------------------
118 Furniture repair and upliolstering, repair
119 services for radio and television and
120 household appliances other than
121 those with gasoline engines; service
122 and repair services for business
123 machines; carpet and linoleum laying;
124 tile setting, sign shops and other
125 small service businesses x p p p p
126 Greenhouses and plant nurseries x p p x p
127 Grocery stores, carry-out food stores and
128 convenience stores all being both free-
129 standing and in a structure with a gross
130 floor area of less tlian five-thousand
131 (5,000) square feet c c p p p
132 -------------------------------------------------------------------------------
133 Grocery stores, carry-out food stores and
134 convenience stores whether or not free-
135 standing, but in d structure with a gross
136 floor area of not less than five-thousand
137 (5,000) square feet x x p p p
138 Grocery stores, carry-out food stores and
139 convenience stores any of which are not
140 freestanding but are in a structure with
141 a gross floor area of less than five-thousdnd
142 (5,000) square feet p p p p p
143 Heliports and helistops x x c c c
144 -------------------------------------------------------------------------------
145 liome occupations x x x x c
146 Homes for the aged, disabled or handicapped,
147 including convalescent or nursing
148 homes; maternity homes; child care
149 centers, other than those covered
150 under permitted principal uses and
151 structures hereinabove, when not
152 operated by a public agency, provided that
153 the maximum density for homes for the dged
154 shall be sixty (60) dwelling units per acre
155 and the maximum height shall not exceed
156 one-hundred and sixty five (165) feet, provided
157 however, that the allowed excess height shall
158 not exceed twice the distance to the nearest
159 lot line from the structure with the excess
160 heiglit, notwithstanding the above, no structure
161 shall exceed the height limit established by
162 Sec. 202(b) regardirig air navigation. x x x x c
1 72
163 Use B-1 B-lA B-2 B-3 B-4
164 =====@ ----
165 Hospitals and sanitariums x x c c c
166 -------------------------------------------------------------------------------
167 Hotel and motels x x x p p
168 Hotel and motels with increased lodging
169 unit density and height, provided that
170 the maximum density shall be one-hundred
171 and twenty (120) lodging units per acre,
172 the minimum lot area shall be one (1) dcre
173 and the maximum height shall be one-hundred
174 (100) feet, notwithstanding the above, no
175 structure shall exceed the height limit
176 established by Sec. 202(b) regarding air
177 navigation. x x x x c
178 -------------------------------------------------------------------------------
179 Laboratories and establishments for the
180 production and repair of eye glasses,
181 hearing aids and prosthetic devices x x p p p
182 Laundry and dry cleaning agencies p p p p p
183 Liquor stores, package only p p p p p
184 -------------------------------------------------------------------------------
185 Marinas, commercial x x p p c
186 Medical and dental offices p p p p p
187 Medical laboratories x x p p p
188 -------------------------------------------------------------------------------
189
190 Mini-warehouses x c c c c
191 Mobile home sales x x c x x
192 Motor vehicle sales and rental, provided
193 the minimum lot size is twenty
194 thousand (20,000) square feet x x c c c
195 -------------------------------------------------------------------------------
196 Multiple-family dwellings x x x x p
197 Museums and art galleries c p p p p
198 Newspaper printing and publishing, job
199 and commercial printing x p p p p
200 -------------------------------------------------------------------------------
201 Nightclubs, bars, taverns, dance halls x x p p p
202 Off-site parking facilities in connection
203 with hotels and motels located
204 within the RT-1 Resort Tourist
205 District may be permitted on zoning
206 lots within tlie B-4 Resort Commercial
207 District where the required off-street
208 parking cannot be provided on the
209 lot with the principal building or
210 use provided: (a) Structures for parking
211 facilities shall conform to the
212 regulations of the district in which
213 located. (b) A written agreement
214 assuring continued availability of
215 the number of spaces indicated shall
216 be drawn and executed, and a certified
1 7 3
217 Use B-1 B-lA B-2 B-3 B-4
218 ----= ---
219 Off-site parking facilities, continued,
220 copy of such agreement shall be
221 recorded with the Clerk of the
222 Court. Such agreement shall stipulate
223 that, if such space is not maintained
224 or space acceptable to the planning
225 director substituted, the use or
226 such portion of the use as is deficient
227 in number of parking spaces shall be
228 discontinued. The agreement shall
229 be subject to the approval of the
230 city attorney. x x x x p
231 Passenger transportation terminals x x p p p
232 -------------------------------------------------------------------------------
233 Personal service establishments, other than
234 those listed separately,-4nelud4ng
235 --barber-and-beauty-shops,-shee-repa4r
236 --shopsT-c4ean4ng,-dye4ngT-4aundryT
237
238 --garment-repair-shops-w4th-processing
239 --on-the-prem4ses x p p p p
240 -------------------------------------------------------------------------------
241 Private clubs, lodges, social centers,
242 eleemosynary establishments and athletic
243 clubs p p p p p
244 Public buildings and grounds p p p p p
245 Public utilities installations and
246 substations provided storage or
247 maintenance facilities shall not be
248 permitted; and provided, further, that
249 utilities substations, other than
250 individual transformers, shall be
251 surrounded by Category VI screening a
252 wa44, solid except for entrances and
253 exits,-er-by-a-fence-with-a-screen4ng
254
255 - --he4ght; and provided also, transformer
256 vaults for underground utilities and the
257 like shall require only Category I screening
258 a-4andscaped-screening-hedge, solid except
259 for access opening p p p p p
260 -------------------------------------------------------------------------------
261 Public utilities offices x x p p p
262 Public utility storage or maintenance
263 instdilations x x c c c
264 Radio and television broadcasting stations
265 and line-of-sight relay devices x c c c c
266 -------------------------------------------------------------------------------
267 Recreational and amusenient facilities of
268 an outdoor nature, which may be
269 partially or teriporarily enclosed on
270 a seasonal basis with approval of
174
271 Use B-1 B-lA 8-2 B-3 B-4
272
273 Recreational and amusement facilities, continued,
274 city council, provided that, in the
275 development of such properties,
276 safeguards are provided to preserve
277 and protect the existing character
278 of adjacent properties, except that
279 riding academies and recreational
280 campgrounds shall not be allowed as
281 a conditional use or otherwise. x c c c c
282 Repdir and sales for radio and television
283 dnd other household applidnces, except
284 where such establishments exceed two
285 thousand five hundred (2,500) square
286 feet of floor area p p p p p
287 Retail establishments, other than those
288 listed separately, including the
289 incidental manufacturing of goods
290 for sale only at retail on the
291 premises; retail sales and display rooms
292 and lots, provided that yards for
293 storage of new or used building
294 materials or yards for any scrap or
295 salvage operations or for storage or
296 display of any scrap, salvage or
297 secondhand building materials or
298 automobile parts shall not be allowed x p p p p
299 -------------------------------------------------------------------------------
300 Veterinary establisliments and commercial
301 kennels, provided that all aniMdlS
302 shall be kept in sound-proofed, air-
303 coriditioned buildings p p p p p
304 Wholesaling and distribution operations,
@05 provided that such operations do not
306 involve the use of: (i) more than two
307 thousand (2,000) square feet of
308 floor area for storage of wares to
309 be sold at wholesale or to be
310 distributed, or (ii) any vehicle
311 rated at more than one and one-half
312 (112) ton capacity or (iii) a total
313 of more than five (5) delivery
314 vehicles. x x p c x
315
316
317
318 Adopted by the Council of the City of Virginia Beach, Virginia, on
319 the @ay of 1988.
320
321
322 OCS/ds
323 8-16-88
324 \CZOI\SEC901a.CZO
175
- 41 -
Item IV-G. 1 .
RESOLTJTIONS ITEM # 30149
Upon motion by Councilman Moss, seconded by Councilwoman Henley, City Oouncil
ADOPrED:
Resolution referring to the Planning Commission an
amendment to Section 111 of the City Zoning Ordinance
re the definition of the term "Sign".
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Bamn, Vice Mayor Robert B.
Fentress, Barbara M. Henley, Reba S. McClanan, Jobn
D. Moss, Mayor Meyera E. Cberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council members Absent:
Harold Heischober
1 A RESOLUTION REFERRING TO THE PLANNING
2 COMMISSION AN AMENDMENT TO SECTION 111 OF
3 THE CITY ZONING ORDINANCE, 2ERTAINING TO THE
4 DEFINITION OF THE TERM "SIGN"
5 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
6 BEACH, VIRGINIA:
7 That the attached amendment to Section ill of the city
8 zoning ordinance, pertaining to the definition of the term
9 "sign", is hereby referred to the Planning Commission for its
10 consideration and recommendation. The Planning Commission is
11 hereby requested to make its recommendation to the City Council
12 within days of the date of this resolution.
13 Adopted by the City Council of the City of Virginia
14 Beach, Virginia, on the 10th day of Octq ex 1988.
15 WMM/dhh
16 SIGNDEF.RES
17 CA-88-2949
18 10/04/88
1 AN ORDINANCE TO AMEND AND REORDAIN SECTION 111 OF
2 THE CITY ZONING ORDINANCE, PERTAINING TO THE
3 DEFINITION OF THE TERM "SIGN"
4 WHEREAS, the City of Virginia Beach has, for many
5 years, administratively distinguished signs from paintings,
6 murals and other pictorial representations on the basis of usage
7 for commercial purposes; and
8 WHEREAS, the present definition of the term "sign" in
9 the City Zoning Ordinance has become the subject of recent legal
10 controversy; and
11 WHEREAS, it is the intent of the City Council to
12 eliminate any doubt as to the meaning of the term "sign" as it is
13 used in the City Zoning ordinance and to adopt a formal
14 definition of the term which, is in accordance with the
15 administrative interpretation of the term, but not to change the
16 meaning of the term;
17 NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
18 THE CITY OF VIRGINIA BEACH, VIRGINIA:
19 That Section 111 of the City Zoning Ordinance be, and
20 hereby is, amended and reordained to read as follows:
21 Section 111. Definitions.
22 ...
23 Sign. Any-deviee-desigmed-te-inferm-er-attraet-the-attentien-of
24
25
26
27
28 the-regulatiens-hereint
29 Any structure, display, device or other object or thing,
30 including, but not limited to, any word, letter, series of words
31 or letters, painting, mural, logo, insignia, emblem, service mark
32 or other graphic or pictorial representation, which identifies or
33 advertises, or directs or attracts attention to, any product,
34 merchandise, service, business or establishment or which suggests
35 the identity or nature of any business or establishment or which
36 invites or proposes a commercial transaction.
37 WMM/dhh
38 SIGNDEF.ORD
39 CA-2929
40 10/04/88
2
- 42 -
Item IV-G. 2.
RESOLUTIONS ITEM # 30150
The following registered in OPPOSITION-
Marc P. Trip, 1401 Emerson Circle, Phone: 495-7126
Philip Wayne Blair, 1400 @erson Circle, Phone: 467-9031
Upon motion by Oouncilman Moss, seconded by ODuncil%vman Parker, City (buncil
AI)OPTED:
Resolutions authorizing CO]Rpletion of Perrell PzLrkmay
Phase 1B (CIP 2-936)
Phase 1C (CIP 2-063)
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Bam, Vice Mayor Robert E.
Fentress, Barbara M. Henley, Reba S. McClanan, John
D. Moss, Mayor Meyera E. Cberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay-.
None
Council Members Absent:
Harold Ileischober
- 43 -
Item IV-G. 3.
RESOLUTIONS ITEM # 30151
Upon motion by ODuncilwoman McClanan, secorided by Vice Mayor Fentress, City
Council ADOPRED, as AMENDED:
Resolution referring to the Planning Commission
Alternative knendinents to Section 202 of the City
Zoning Ordinance re Height Limitation for Additions to
Residential Structures
*The words '..and such other solutions that
may be amendable' shall be inserted.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baun, Vice @yor Robert E.
Fentress, Barbara M. Henley, Reba S. McClanan, John
D. Moss, Mayor r*yera E. Cberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Comcil r*mbers Absent:
Harold Heischober
I A RESOLUTION REFERRING TO THE PLANNING
2 COMMISSION ALTERNATIVE AMENDMENTS TO SECTION
3 202 OF THE CITY ZONING ORDINANCE, PERTAINING
4 TO HEIGHT LIMITATIONS FOR ADDITIONS TO
5 RESIDENTIAL STRUCTURES
6 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
7 BEACH, VIRGINIA:
8 That the attached alternative amendments to Section 202 of
9 the City Zoning Ordinance, pertaining to height limitations for
10 additions to residential structures, are hereby referred to the
11 Planning Commission for its consideration and recommendation and
12 such other solutions that may be amendable. The Planning
13 Commission is hereby requested to make its recommendation to the
14 City Council within days of the date of this resolution.
15 Adopted b of the City of Virginia
10th October
on@ the City Council
16 Beach, Virginia, the day of 1988.
17 WMM/dhh
18 09/ 2 2 /88
19 10/10/88
20 HGTLIM.RES
21 CA-88-2949
2 2
ALTERNATIVE AMENDMENT A
1 AN ORDINANCE TO AMEND SECTION 202 OF THE CITY
2 ZONING ORDINANCE, PERTAINING TO HEIGHT
3 LIMITATIONS FOR ADDITIONS TO RESIDENTIAL
4 STRUCTURES
5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
6 BEACH, VIRGINIA:
7 That Section 202 of the City Zoning Ordinance be, and hereby
8 is, amended and reordained to read as follows:
9 Section 202. Height Regulations.
10 (a) Whenever height limits for buildings and other
11 structures are established, no portion of any building or other
12 structure shall extend above such height limits, except
13 residential chimneys, line-of-sight relaying devices,
14 broadcasting towers, radio or television antennas, spires,
15 flagpoles, water tanks, or monuments otherwise approved for
16 erection; provided, however, that smokestacks may also extend
17 beyond such limits, if they do not exceed in height the distance
18 to the nearest lot line; and further provided that one tower for
19 purposes of an amateur radio operation, which may contain
20 multiple antennae, may extend beyond said height limits but shall
21 not exceed ninety (90) feet in height above ground elevation. No
22 portion of any addition to a residential structure, principal or
23 accessory, shall exceed the height of such structure except as
24 provided hereinabove or as authorized by conditional use permit.
25 Adopted by the City Council of the City of Virginia
26 Beach, Virginia, on the day of 1988.
27 WMM/dhh
28 09/22/88
29 HGTLIM1.ORD
30 CA-88-2947
ALTERNATIVE AMENDMENT B
1 AN ORDINANCE TO AMEND SECTION 202 OF THE CITY
2 ZONING ORDINANCE, PERTAINING TO HEIGHT
3 LIMITATIONS FOR ADDITIONS TO RESIDENTIAL
4 STRUCTURES
5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
6 VIRGINIA BEACH, VIRGINIA:
7 That Section 202 of the City Zoning ordinance be, and hereby
8 is, amended and reordained to read as follows:
9 Section 202. Height Regulations.
10 (a) Whenever height limits for buildings and other
11 structures are established, no portion of any building or other
12 structure shall extend above such height limits, except
13 residential chimneys, line-of-sight relaying devices,
14 broadcasting towers, radio or television antennas, spires,
15 flagpoles, water tanks, or monuments otherwise approved for
16 erection; provided, however, that smokestacks may also extend
17 beyond such limits, if they do not exceed in height the distance
18 to the nearest lot line; and further provided that one tower for
19 purposes of an amateur radio operation, which may contain
20 multiple antennae, may extend beyond said height limits but shall
21 not exceed ninety (90) feet in height above ground elevation. No
22 partion of any addition to a residential structure, principal or
23 accessory, shall exceed the height of such structure except as
24 provided hereinabove.
25 Adopted by the City Council of the City of Virginia
26 Beach, Virginia, on the day of 1988.
27 WMM/dhh
28 09/22/88
29 HGTLIM2.ORD
30 CA-88-2948
- 44 -
Item IV-G. 4.
ORDINANCES ITEM # 30152
Upon motion by Councilman Moss, secorided by Councilman Sessorns, City Council
ADOPTED:
Ordinance authorizing the City manager to
convey certain property to the Commonwealth,
Department of Ttansportation, for ROURE 44
FLYOVER PROJECT.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Bamn, Vice Mayor Pobert E.
Fentress, Barbara M. Henley, Reba S. McClanan, John
D. Moss, Mayor Meyera E. Cberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
1 AN ORDINANCE AUTHORIZING THE CITY
2 MANAGER TO CONVEY CERTAIN PROPERTY
3 TO THE COMMONWEALTH FOR ROUTE 44
4 FLYOVER PROJECT
5
6
7
8
9 WHEREAS, the City of Virginia Beach acquired ownership
10 of several properties in conjunction with the Route 44 Flyover
11 project, and
12 WHEREAS, these acquisitions were authorized to protect
13 the alignment for the Route 44 Flyover, and
14 WHEREAS, the Department of Transportation, Commonwealth
15 of Virginia, has now requested that certain right-of-way needed
16 for the Flyover project be deeded to them in consideration of
17 $1,180,784.00, and
18 WHEREAS, the City Council is of the opinion that the
19 said right should be deeded to the Commonwealth for the Flyover
20 project in consideration of $1,180,784.00
21 NOW, THEREFORE, be it ordained by the Council of the
22 city of Virginia Beach, Virginia:
23 That the City Manager is hereby authorized to execute,
24 on behalf of the City of Virginia Beach, Virginia those certain
25 deeds, conveying to the Commonwealth of Virginia, for the sum of
26 $1,180,784.00 all that certain land owned by the city of Virginia
27 Beach, as outlined in Red on plan sheets 4 and 5 and containing
28 1.066 acres, more or less and as outlined in Red on plan sheet 5
29 and 6 and containing 0.504 acres, more or less, of the plans for
30 Route 44, State Highway Project 0044-134-105, RW 201
31 This Ordinance shall be effective from the date of its
32 adoption.
33 Adopted by City Council of the City of Virginia Beach
3 4 on the 10th day of October , 1988.
35 This ordinance was adopted by an affirmative vote of
36 members of the City Council.
37
38
39 JAR/bk
40 9/13/88
41 CA-88-2939
42 (ordin\noncode\flyover.ord)
A three-fourths vote of council is required to adopt
the ordinance.
APPROVED AS TO CONTENTS
IA"I'l
AS T@
AppRc)VED
2
R/W-16(LA) Corp.
Exempted from recordation tayes Revi.sed 2-86
under Secti-ons 58.1-811(A)(3),
58.1-811(C)(4) and 25-249.
This Deed, Made thi-s day of 19
by and between C17Y OF VRML4 @, a Virgima @ration
herei.nafter desi.gnated as Grantor (even though mc)re than one) , and the COMMONWEALTH
OF VIRGINIA, Grantee:
Wi.tnesseth; In considerati.on of the sum of $ 1,092,960.00 paid by the
grantee to the grantor, receipt of which i.s hereby acknowledged, the said grantor
hereby grants and conveys unto said grantee in fee siniple, with general warranty,
the land located V i.n
the City of Virginia @ch and described as follows:
,%ing as shown an @ts 4 and 5 of Lbe pl@ for Route 44, State High%ay Project 0044-134-
105, R4201, and lying on the south (right) siGL- of Ranp "R' cEnterliM @ adi-t to @ @ting
south right of Ray line of p@t Inde @evard (south) frcm Lbe @stirig south right
of way l@ of @er Road opposite appro@te StatiGn 29+79, to a point in @ land of the
grantor at app@te Staticn 31+39, @ lying on both sides of and @a-t to the Ramp "R'
centerline fran the last s3id Stati-on to the north right of way li@ of an area dedicated for
road wi@ purposes at approximte Staticn 38+12, and containing 1.066 acre, nure or less,
land, and being a part of Lhe sam laO a@ed by the grantor frcm Christophe-r Develo@t
@y by @ dated April 8, 1986, and recorded in @ @ 2492, Page 2026 and frcm Stanwood
Dickngn, Pbz-ton L. Br@ff, and J@ R. Jacobs, et aL by deed dated April 14, 1986 @ recorded
in @ Book 2494, Page 891 and frrm Yi@, Nancy Mah, Linda Mah Ark aO re Ow, Trustees
by deed dated Pby 1, 1986 and recorcl-d in Deed Book 2500, Page 1036, in the office of the Clerk
of the Circu:Lt Court of t@ City of Virginia Bgar-h.
For a mr-e particular description of the l@ he-rein conve@, refermw 3s @ to photo
copy of said sheel 4 and 5 showirly oullined in RO the l@ conve@ in fee sirple, which pboto
copy is hereto attached as a part of this conveyance and recorded s@@ly herewith in the
State Highway Plat Bwk Page
AND FURTHER WITNESSETH: THAT WHEREAS, all or part of sai.d Route 44
has been designated as a Limi.ted Access Highway in accordance with the provisions
of Arti.cle 4, Chapter 1, Title 33.1, of the 1950 Code of Virgi-nia, as amended;
NCW, THEREFORE, for the aforesaid consideration the grantor doth also
hereby grant and convey unto the grantee wi.th general warranty any and all
easements of access, li.ght or air incident to the lands of the grantor abutting
upon said Limi.ted Access Hi.ghway, and/or upon any of its ramps, loops, or
comections at and with i.ntersecti.ng highways, the line or lines along which sai.d
easements herei.n conveyed lie bea.ng described as follows:
Frcm a point on tbe proposed south right of way and limited access line opposite appro@te
Ranp "R" centerlim Station 29+79, the @ting south right of way lirie of @er Road; @
along the said pro@ south right of way and l@ted access li@ to a point oppcsite app te
Station 38+12, t@ norlh right of way line of an area dedicated for road widening as
shown in BLVE on @d photo copies.
It i.s covenanted and agreed that this conveyance is made pursuant to the
provi.sions of Arti.cle 4, Chapter 1, Title 33.1, of the 1950 Code of Virginia, as
@nded, which shall be a covenant runni.ng wi.th the abutting lands of the grantor,
whi.ch abut upon the sai.d Li.mited Access Highway, and/or upon any of i.ts ramps,
loops, or connections at or with intersecting highways, along the sai.d line or
li.nes herei.nabove described, as if said Article as amended were herein fully
reci.ted. Nothing herein contained shall be construed to convey any easement of
access, li.ght or ai.r, incident to any lands of the grantor abutting upon any
highway other than said Li.mi.ted Access Highway, ramps, loops, and connections,
nor as denying the grantor the right of ingress to and egress from any of the
grantor's lands which abut upon any service road now or hereafter constructed by
the grantee to provide access to and from said Li.rd.ted Access Highway.
R/W-16(LA) Corp.
Revised 2-86
2
STATE OF VIRGINIA,
County of To-wi.t:
I, a Notary Public i.n and for the
State of Virginia, at large, do certify that
and , whose names are signed to the foregoing
wri.ting, beari.ng date on the day of 19
have each acknowledged the same before me in the County aforesaid.
My term of office expires
Gi.ven under my hand tbis ay of 19
Notary Publ c
STATE OF VIRGINIA,
County of To-wit:
I, a Notary Public in and for the
State of Virginia, at large, do certify that
and , whose nams are signed to the foregoing
writing, bearing date on the day of , 19
have each acknowledged the same before we in the County aforesaid.
My term of off i.ce expires
Given under my hand this day of , 19
Notary Publ c
R/W-16(IA) Corp.
Revised 2-86
4
The grantor by the execution of thi.s instr@nt acknowledges that the
plans for the aforesaid project as they affect i.ts property have been fully
explained to i.ts authorj.zed representative.
The said grantor covenants that i.t is seized of the land in fee simple
herei.n conveyed; that it has the right to convey the said land to the grantee;
that i.t has done no act to encuffber the said land; that the grantee shall have
qui.et possession of the land, free from all encuffbrances, and that it will
execute such further assurances of the said land as may be reqliisite.
The sai.d grantor covenants and agrees f or i tself , its successors and assi gns,
that the consi.derati.on herei.nabove menti.oned and paid to it shall be i.n lieu of
any and all claim to compensation for land, and for d@ges, if any, to the
reTmini.ng lands of the grantor which may result by reason of the use to whi-ch the
grantee wi.11 put the land to be conveyed, including such drainage facili.ties as
may be necessary.
IN TESTIMONY WHEREOF, has
caused this deed to be executed by its
I sai.d offi.cer being thereunto duly authorized by
resolution of i.ts Board of Directors, copy of which i.s attached hereto, all as of
the day, month and year first hereinabove wri.tten.
By
R/W-16(LA) Corp.
Revised 2-86
3
R/W-16 Corp.
Revised 2-86
D<empted from recordation taxes
un@er Secti.ons 58.1-81](A)(3),
58.1-811(C)(4) and 25-249.
This Deed, Made this day of 19 by and
between CITY OF vrRGINTA BrAcill a Mt)nicipal C2rporition
lierei.nafter desigriated as Grantor (even though mare thari one) and the COMMONWr,ALTH
OF VIRGINIA, Grantee:
Wi.tnesseth; In consideral!on of tlie sum of $ B7,1324,00 paid by the grantee
to the grantor, receipt of which is hereby acknowledgcd, tlie slid grantor hereby
grants and conveys unto said gcanlc@e :i.n fee ;jmple, wil-li gen(@ral warranly, tllc-,
land located @,wT4r
@n
Cit:y of Virginia Be,)ch X-,'6YiYiYXX, and dc@scri.bed as follcms:
Being is shown on Sli(,ots 5 and 6 of L:Ii@, pl@ins for Rout(, 44, St:ate
Ilighw@,jy Project. 0041,-134-105, R@V-201, incl lying on t,otli of Ind IdjacenL
to the propose(i R@)inp "R" centerlitie fron) Llic 7ands of Oscar l@. Northern,
Jr. and Prank 1. Adkii)s, Jr. ,it ,ipproxim@it--e @@t.,Ition 25+65 to the linds
of C(?orge R. Scliell at approxiniate St@itioll 26+82, and containing 0.504
acre, more or less. land, and beiiig il.1 of tl)L, sime land acquired by the
grantor from Virginil 13eicii Realt:y S Associate.,3, Inc., by (Iec.,d dited AtigusL
21, 1986, and recorded in Doe(I Book 2540, Page 1180, in t:lle office of tl)e
clerk of the Circiiit Coui-t of the City of Virginil Beicli.
llor a more particulir description of Llie litici herein conveyed, reference
is made to photo copy of said sheet 5 and 6 showing outlined in RED the
land conveyed in fee simple, which plioto copy is hereto Ittached as ] parl
of Lhis conveyance and recorded siiiiijltineously lierewith in the State flighivay
Plat Book Number Page
The grantor by the executd.on of thi-s instrlment acknowledges that the
plans for tlie aforesaid project as t-hey affect its properly have been fully
explained t-o its authori.zed representati.ve.
The said grantor covenants t-hat :i.t i.s seized of the land in fee si.mple
herein conveyed; that i.t has tlie ri.ght to convey the said land to the grantee;
that i.t has done no act to enc@er the said land; that the grantee shall have
qui.et possession of the land, free from all encurrbrances, and that it wi.11
execute such further assurances of the sai.d land as fnay be requisile.
The sa@.d grantor covenants and agrees for i.tself, it succc-,ssors and a-,signs,
that the considerati.on liereinabove monlioned and paid to i.L shall be i.n lieu of
any and all claims to compensation for land, aiid for dankages, if any, to the
remai.niiig lands of the grantor which may resull by reason of L@he use to which
the grantee will put the land to be conveyed, includ:ing sucti drai.nage facil@it:ies
as ffey be necessary.
IN TESTIMONY MIERL)OF,
lias caused thi.s deed to be executed by its
I @vax@x"MXWXKAXX)Wrkxmloxxo(c(xyxmwxocmxac(dxm
YIXMZMMYdXKXXXXXD=-KX)M @xmnxmxx"X)C)OX)4)cx )(X)MXXXXXXW as
of the day, month and year first hereiriabove wri.tteri.
By
R/W-16 Corp.
Revi.sed 2-86
OIRON
2
@,TKPII OP VIRGINIA,
Count-y of 'ro-wi t-:
1 , a Not@ary Public in and for the
State of Virginia, at large, do cert.i.fy that
and , whose nan-,.s are siqned to the foreqojng
writing, bearing dat-e on the day of 19-1
have eacti acknowledged the sane before m in the County aforesaid.
My t@ermof officeexp:ires
Given under my hand t-.I)is day of 19
Not@ary Public
STATE OF VII@INIA,
County of To-wi.t::
1, a Notary Pul)ljc in and for t:he
Stat:e of Virginia, at large, do certi.fy t-hat:
and I whose naft-s are signecl t-o t:he foregoi.nq
writ@ing, bearing dat:e on the day of 19
liave each acknowledged t:he same before m :in the Count--y aforesaid.
My t:ermof officeexpires
Given under my hand tlij.s day of 19
Notary Public
R/W-16 Corp.
Revised 2-86
3
00,01 VIS 9 -L33HS HOIVty (D
9f
2 0
03
tz
ri -m
6,2 qn
f-0 P@ -did -
'Pbf kL (Mi Yi (W)'-f - I
iis
.g -aA
Of'
'Jd
FICIH
ct
ae
ogoo.61'DJS
8
is .
19
it-Ii
- 45 -
Item IV-G.5.
ORDINANCES ITEM # 30153
Upon motion by Oouncilman Moss, secotided by Councilman Sessoms, City Oc)uncil
ADOPrED:
Crdinance authorizing the City %nager to execute a
contract for the Sale of Copies of TDpographical
Napping Data to Virginia E3.ectric and Pover Oompany.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Bamn, Vice mayor Robert E.
Fentress, Barbara M. Henley, Reba S. McClanan, John
D. Moss, Mayor Meyera E. Cberndorf, Nancy K. Parker,
John L. Perry and William D. Sessorns, Jr.
Council Members Voting Nay:
None
Council members Absent:
Harold Heischober
1 AN ORDINANCE AUTHORIZING THE CITY
2 MANAGER TO EXECUTE A CONTRACT FOR
3 THE SALE OF COPIES OF TOPOGRAPHICAL
4 MAPPING DATA
5 WHEREAS, Virginia Electric and Power Company desires to
6 purchase for its perpetual and non-revokable use, from the City
7 of Virginia Beach, planimetric and property line data in
8 digitized format and geographical property identification number
9 and property address data in ASCII format for the entire
10 geographic area of the City of Virginia Beach; and
11 WHEREAS, such mapping data is open to inspection and
12 copying of the public under Section 2.1-342 of the Virginia
13 Freedom of Information Act with the proviso that the public body
14 may charge, on a pro rata per acre basis, for the cost of
15 creating such topographical mapping data developed by the public
16 body; and
17 WHEREAS, a proposed Agreement for the sale of copies of
18 such mapping data is attached hereto; and
19 WHEREAS, it appears that this Agreement has been
20 prepared in accordance with law and in the best interests of the
21 City.
22 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
23 CITY OF VIRGINIA BEACH, VIRGINIA:
24 That the proposed Agreement is approved; and
25 That the City Manager is hereby authorized and directed
26 to execute the Agreement, on behalf of the City of Virginia
27 Beach.
28 This ordinance shall be effective from the date of its
29 adoption.
30 Adopted by the City Council of the city of Virginia
31 Beach on the 10th - day of Qctobe;r 1988.
32 LLL/lmt
33 10/ 0 6/88
34 CA-02964
35 \ordin\noncode\mapdata.ord
AGREEMENT
for
SALE OF A COPY OF DIGITIZED MAPPING DATA
OWNED BY
THE CITY OF VIRGINIA BEACH
between
VIRGINIA ELECTRIC AND POWER COMPANY
and
THE CITY OF VIRGINIA BEACH
AGREEMENT NO. CR-SX8010-000
119kbh2O4Oc
AGREEMENT NO. CR-SX8010-000
TABLE OF CONTENTS
ARTICLE PAGE
I 1
11 1
iii 1
iv 2
v 3
vi 4
vii 4
1
119kbh2O4Oc
AGREEMENT NO. CR-SXBOIO-000
This Agreement dated this day of 1988, by and
between the CITY OF VIRGINIA B CH, a municip@a corporafion of the
Commonwealth of Virginia, and VIRGINIA ELECTRIC AND POWER COMPANY, a
public service corporat-ion of the Commonwealth of Virginia ("Virginia Power"):
In consideration of the mutual covenants and stipulations set forth, the
parties agree as follows:
ARTICLE I:
THE CITY OF VIRGINIA BEACH agrees to furnish and deliver to Virginia Power, for
its perpetual and non-revocable use, subject to the rights and restrictions
contained herein, to be completed by November 15, 1988, planimetric and
property line mapping data in digitized fonnat, and geographic property
identification number (GPIN) and property address data in ASCII format, current
as of the date provided, for the entire geographic area of the CITY OF VIRGINIA
BEACH.
ARTICLE 11:
Wherever herein a reference is made to the term "data", it shall mean
planimetric and property line data in digitized format, and geographic property
identification number (GPIN) and property address data in ASCII fomat, current
as of the date provided, for the entire geographic area of the CITY OF VIRGINIA
BEACH as described in Article I, or digitized street centerline data, current
as of the date provided, for the entire geographic area of the CITY OF VIRGINIA
BEACH as described in Article III c., whichever is the applicable case.
ARTICLE III:
Virginia Power agrees to pay the CITY OF VIRGINIA BEACH for the data provided
in ARTICLE I as follows:
a. $100,000.00 billable upon delivery of the data described in Article 1.
Payable net 30 days after receipt of the CITY OF VIRGINIA BEACH's invoice
by Virginia Power.
b. An additional $291,300.00 billable on or before January 30, 1990. Payable
upon receipt of the CITY OF VIRGINIA BEACH's invoice by Virginia Power.
c. On or before January 30, 1990, Virginia Power shall furnish and deliver to
the CITY OF VIRGINIA BEACH, for its perpetual and non-revocable use,
subject to the rights and restrictions contained herein, its digitized
street centerline data for the road network included in the database for
the data described in Article I, current as of the date provided, for the
entire geographic area of the CITY OF VIRGINIA BEACH.
1
119kbh2O4Oc
d. In the event Virginia Power in its sole discretion elects not to retain the
data described in Article I after December 31, 1989, it shall give written
notice to the CITY OF VIRGINIA BEACH at the delivery address in Article
Vlb. herein, by certified mail, return receipt, requested, postmarked on or
before December 31, 1989; and
(i) Virginia Power agrees to return the original data provided, and any
copies made thereof, and to destroy any and all digital form or
format converted from the original data on or before January 30,
1990.
(ii) Virginia Power's obligation to pay the sum of $291,300.00 on or
before January 30, 1990, as provided in subsection b. is voided.
(iii) Virginia Power's obligation to provide the centerline data as
described in subsection c. is voided, provided, however, if Virginia
Power has supplied such centerline data to the CITY OF VIRGINIA
BEACH prior to December 31, 1989, such data will be retained by the
CITY OF VIRGINIA BEACH and use of such data will be subject to the
terms and conditions of this Agreement.
(iv) Virginia Power shall not be liable for any further obligation under
this Agreement and this Agreement shall be teminated, effective as
of the date of Virginia Power's notice not to retain the data,
without cost or penalty to Virginia Power.
ARTICLE IV:
a. The CITY OF VIRGINIA BEACH and Virginia Power each respectively represent
to the other that it is the owner of the data provided by it under this
Agreement and that it has the right to grant the use of the data provided
to the other party under this Agreement.
b. The data provided by the CITY OF VIRGINIA BEACH under Article I and the
data provided by Virginia Power under Article lilc. is provided and
furnished to the other party for the use of that party, its parent,
affiliates or subsidiaries, subject to the rights and restrictions
contained herein, and the same shall remain the property of the respective
provider who shall retain all rights commensurate with ownership, including
the right to sell, lease, license, use or provide the data to others as it
deems appropriate in its sole discretion and the right now or in the future
to copyright the data.
c. The data provided by either party under this Agreement is deemed and
remains hereafter proprietary infomation of the provider and shall not be
provided or assigned by the receiver of the data under this Agreement to
other parties (excluding the receiver's parent, affiliates or subsidiaries,
if any) unless the receiver under this Agreement first obtains the express
written Agreement of the provider of such data under this Agreement, or
unless-
(i) Such distribution is made by receiver hereunder in the normal course
of its business, which shall not include the sale or grant of
unrestricted use of the data to others; and then only if
2
119kbh2O4Oc
(a) The receiver of data under this Agreement shall include
proprietary infomation provisions, clearly identifying the
owner of the data, in all contracts or agreements with such
parties receiving distributed data, to restrict the use of the
distributed data to the particular purpose for which the data
is being provided, to require return of the data upon
completion, and to prohibit copying or use of the data for any
other purpose; and
(b) The receiver of the data under this Agreement agrees to take
reasonable steps necessary to enforce the contractual
provisions required by Article IVc.(i)(a) provided, however,
that the receiver will not be required to seek enforcement in
any court of law having jurisdiction with respect to such
provisions; or
(ii) Such data or centerline data: (a) is or becomes generally available
to the public without breach of this Agreement, (b) is received from
a third person without limitations or restrictions at the time of
disclosure, or (c) was known to and reduced to writing by the party
receiving such information prior to disclosure by the other party.
(iii) Notwithstanding the above restrictions, Virginia Power and the CITY
OF VIRGINIA BEACH may disclose such proprietary information where
required by any court, government agency or proper discovery
request or to the extent necessary to secure governmental
authorization; provided, however, that prior to making any such
disclosure, the disclosing party shall: (a) to the extent practical,
provide the nondisclosin party with a timely advance notice of its
intended disclosure; (b? minimize the amount of proprietary
infomation to be disclosed consistent with the interests of the
nondisclosing party and its subcontractors and suppliers of any tier
and the requirements of the court, government agency or discovery
request involved, and (c) make reasonable efforts to secure
confidential treatment of the proprietary information to be provided
or to seek revision of the information request to minimize the
amount of proprietary infomation to be supplied.
ARTICLE V:
The parties hereto represent to each other that the data provided or to be
provided hereunder is for the entire geographic area of the CITY OF VIRGINIA
BEACH, that it is the owner of the data and has the right and authority to
grant the respective party the use of said data, and that the media upon which
the provided data is recorded shall be free from defects in workmanship and
materials. ALL OTHER WARRANTIES, UCC AND OTHERWISE, EXPRESS OR IMPLIED,
INCLUDING WARRANTIES AS TO ACCURACY OF THE DATA AND MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE ARE EXPRESSLY DISCLAIMED AND ALL INCIDENTAL,
CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE
OR PERFORMANCE OF THE DATA ARE EXPRESSLY DISCLAIMED.
3
119kbh2O4Oc
ARTICLE VI:
,a. Delivery to Virginia Power shall be to the following address:
Virginia Power
Division Services - OJRP-14
701 E. Cary Street
Richmond, Virginia 23219
Attn: Charles Tweed
b. Delivery to the CITY OF VIRGINIA BEACH shall be to the following address:
CITY OF VIRGINIA BEACH
Bureau of Surveys and Mapping
Room 385, Operations Building
Municipal Center
Virginia Beach, VA 23456
Attn: L. David Little
ARTICLE VII:
Neither termination of the work nor any termination or cancellation of this
Agreement shall be deemed to relieve either party of any obligations hereunder
that by their nature survive completion of the work, including but not limited
to all warranties, and confidentiality and proprietary infomation obligations.
In WITNESS WHEREOF, the parties hereto have executed this Agreement.
VIRG I LECTRIC AND.POWER COMPANY CITY OF VIRGINIA BEACH, VIRGINIA
By: By:
Tit Vice President Title: City Manager
Date: Date:
APPROVED AS TO CONTENTS
-,e @.
StGNATURE
DIEPARTMEW
APPPOVED AS TO
LLGAL SUFFICIETACY
4
119kbh2O4Oc
By:
Date:
STATE OF VIRGINIA
CITY OF to-wit:
The foregoing instrument was acknowledged before me this _ day of
, 1988 by Aubrey V. Watts, Jr., City Manager, of the City of
Virginia Beach, a municipal corporation of the Commonwealth of Virginia, on
behalf of the municipal corporation.
Notary Public
My Commission expires:
I
STATE OF VIRGINIA
CITY OF to wit:
The foregoing instrument was acknowledged before me this @lli- day of
1988 by James T. Earwood, Vice President-Division Services, of
Virginia Electric and Power Company, a public service corporation of the
Commonwealth of Virginia, on behalf of the corporation.
Notary Public
My Commission expires:
119kbh2O4Oc
- 46
Item IV-H
CONSENT AGENDA ITEM # 30154
Upon motion by Vice Mayor Fentress, secorided by Councilwoman Parker, City
Council APPROVED in ONE MOTION Items 1, 2, 3 and 4 of the CONSENT AGENDA.
Item IV-H.l.b. was RESCHEDULED until the City Council Meeting of October 24,
1988.
Vo ting 10-0
Council Members Voting Aye:
Albert W. BaLlko, John A. Bain, Vice Mayor Robert E.
Fentress, Barbara M. Henley, Reba S. McClanan, John
D. Moss, Mayor Meyera E. Cberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
4 7
Item IV-H. 1
CONSENr AGENDA ITEM # 30155
Upon motion by Vice Mayor Fentress, seconded by Councilwornan Parker, City
Council ADOPTED:
RESOLUTION IR RECOGNITION-.
Robert W. Berry
A N D, RESCHEDULED for the City ODuncil Meeting of October 24, 1988:
RESOLUrION IN RECOGRITION:
P. 'Ihomas Holland
Voting: 10-0
Council D*mbers Voting Aye:
Albert W. Balko, John A. Bam, Vice Myor Robert E.
Fentress, Barbara M. Henley, Reba S. McClanan, John
D. Moss, Mayor @yera E. Cberndorf, Nancy K. Parker,
John L. Perry and William D. Sessorns, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
RESOLUrIOR IN RBCOGNITION
WHEREkS: The history of America is one of a nation of people
helping other people -- joining together to build a better society --
dedication and commitment;
WFIEREAS: Life is so unpredictable! day comes backl Life is
short at best! That which makes life most worth living is the sure
knowledge that we ourselves have fulfilled our purpose, met our
obligation tc) our fellow citizens and can be satisfied we have done our
best,-
WHEREAS: ROBERT W. BERRY served as a Member and Chairman of the
DEVEIDPKENT AURRORITY from August 1978 thru August 1988. His
dedication, commitment and unselfish service have involved personal
sacrifices and inconveniences, not only to himself but frequently to
the family; and,
WEERERS: Advisors and Volunteers have saved the City untold
dollars, but more importantly, our successful growth deperids upon them.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach clty
Council here assembled this @nth day of October, Nineteen Hundred
Eighty-Eight, on behalf of the citizens of Virginia Beach, expresses
deep GRATITUDE and RESPBCT to:
ROBERT W. B E R R Y
Given under my hand and seal,
Ma yor
- 48 -
Item IV-H. 2.a/b/c/d/
CONSENT AGENDA iTEm # 30156
Upon motion by Vice Mayor Fentress, seconded by Councilwornan Parker, City
Council APPROVED:
IOW BID Carter-Sell Cc)rporation in the amount of
$96,148.00 for East Cape Henry Shores (CIP 5-817)
LOW BID Asphalt Roads & Materials OD., Inc. in the
amount of $935,194.05 for 1988-89 Bituminous
Concrete 14aintenance Schedule - Contract II.
LOW BID Asphalt Roads and Materials CcapaLny, Inc.
in the amount of $144,429.60 for Ekiman Fesources
Building Parking wt (cip 3-938).
LOW BID Contractors Paving Company, Inc. in the
amount of $168,960.25 for Mimicipal Oenter
Parking lot, North Ianding Road (CIP 3-983).
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baian, Vice mayor Robert E.
Fentress, Barbara M. Henley, Reba S. McClanan, John
D. Moss, Mayor Meyera E. Cberndorf, Ibncy K. Parker,
John L. Perry and William D. Sessarns, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
- 49 -
Item IV-H. 3.
CONSENT AGENDA iTEm 0 30157
Upon motion by Vice Myor Fentress, seconded by Councilwoman Parker, City
Council APPROVED:
Utility Project for 51% Neighborhood Participation
Alfriends Trail Sanitary Sewer $225,000.00
Voting: 10-0
council Members Voting Aye:
Albert W. Balko, John A. BaLn, Vice Mayor Robert E.
Fentress, Barbara M. Henley, Reba S. McClanan, John
D. MOSS, Mayor meyera E. Cberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Votinq Nay:
None
Council Members Absent:
Harold Heischober
- 50 -
Item IV-H. 4.
CONSENT AGENDA ITEM # 30158
Upon motion by Vice Mayor Fentress, secorided by Councilwarnan Parker, City
Council APPROVED:
RAFFLE PEM4ITS
Baylake Pines School
Kempsville Junior High Band Parents
Little Neck Circle of the Kings Daughters
Plaza Recreation League
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. ]Baum, Vice Mayor Robert E.
Fentress, Barbara M. Henley, Reba S. McClanan, John
D. Moss, Mayor Myera E. Cberndorf, Nancy K. Parker,
John L. Perry and William D. Sesscxns, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
- 51 -
Ttem IV-K.l.
RBCESS INTO ITEM # 30159
EXBCUTIVE SESSION
In accordance with Section 2.1-344, Cbde of Virgi-nia as amended, and upon
motion by Cc>uncilman Baum, seconded by (bunci-Lman Moss, City Council RBCESSED
inbD EXECUTIVE SESSION following the October 12, 1988, TDR Workshop at 4:00 PM.
for discussion of Personnel Matters (5:35 P.M.) , after which to adjourn.
1. PERSONNEL MATTERS: Discussion or consideration of employment, assignment,
appointnent, promotion, performance, demotion, salaries, disciplining or
resignation of public officers, appointees or employees.
Voting: 10-0
Council Members Voting Aye.-
Albert W. Balko, John A. Bamn, Vice Myor Robert E.
Fentress, Barbara M. Henley, Reba S. McClanan, John
D. MOSS, Mayor @yera E. Cberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council t*mbers Absent:
Harold Heischober
M I N U T E S
VIRGINtA BEACH CITY COUNCIL
Virginia Beach, Virginia
October 12, 1988
The October Tenth RECESSED SESSION of the VIRGINIA BEACH CITY COUNCIL was
RECONVENED with a call to order of the TRANSFER OF DEVELOPMENT RIGHTS WORKSHOP
by Mayor Meyera E. Oberndorf in the Council Chambers, City Hall Building, on
Wednesday, October 12, 1988, at 4:00 P.M.
Council Members Present:
Albert W. Balk., John A. Baum, Vice Mayor Robert E.
Fentress, Barbara M. Henley, Reba S. McClanan, Mayor
Meyera E. Oberndorf, Nancy K. Parker, John L. Perry
and William D. Sessoms, Jr.
Council Members Absent:
Harold Heischober and John D. Moss
Planning Commissioners Present;
Chairman Thomas M. Ammons, Steve S. Atkinson, Judith
Dockery, Barbara J. Ferguson, Donald H. Horsley,
Charles R. Krummell, Howard S. Myers and F. Donald
Reid,
Planning Commissioners Absent:
Daniel J. Arris, Kenneth D. Barefoot and Barnett
Thoroughgood.
- 2 -
Item II ITEM # 30160
The City Manager ANNOUNCED a BRIEFING has been SCREDULFJ), as per the request of
Councilman Baum, relative Federal and State Legislation relating to Non-Tidal
Wetlands.
This BRIEFING shall be 1:30 P.M., Friday, October 14, 1988, in the City Council
Conference Room,
- 3 -
Item Ill ITEM # 30161
Mayor @leyera E. Oberndorf entertained a motion to permit City Council to
conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of
Virginia, as amended, for the following purposes after which to adjourn (6:00
P.M.)
1. PERSONNEL MATTERS: Discussion or consideration of employment, assignment,
appointment, promotion, performance, demotion, salaries, disciplining or
resignation of public officers, appointees or employees.
Upon motion by Councilwoman Parker, seconded by Councilman Baum, City Council
voted to proceed into EXECUTIVE SESSION.
Voting: 8-0*
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Barbara M. Henley, Reba S. McClanan, Mayor
Meyera E. Oberndorf, Nancy K. Parker, and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Nlembers Absent:
Harold Heischober, John D. Moss and John L. Perry
*Verbal Vote
4
Item IV
ADJOURNMENT ITEM 30162
Upon motion by Councilman Baum, seconded by Councilwoman Henley, City Council
ADJOURNED the Meeting at 7:00 P.M.
Voting: 8-0,@@
Council Members VoLing Aye:
AJ.bert W. Balko, John A. Bauni, Vice Mayor Robert E.
Fentress, Barbara M. flenley, Reba S. McClanan, Mayor
Meyera E. Oberndorf, Nancy K. Parker, and William D.
Sessoms, Jr.
Council Menibers Voting Nay:
None
Council Menibers Absent:
Ilarold lfeischober, John D. Moss and John L. Perry
"Verbal Vote
@ o -
Beverl@ 0. Hooks
Chief Deputy City Clerk
Ruth liodges Smith, CMC Mey6raj,. 0 ernd.,f
City Clerk Mayor
City of Virginia Beach
Virginia