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JANUARY 19, 1988 c2it-@ c-@f @il-"iiiiiE-A "WORLD'S LARGEST RESORT CITY" CITY COUNCIL MAYOR ROBERT G JONES, A, L.,,@ VICE MAYOR MEYERA E. OBERNDORF, A, L,,g, ALBERT W. BALKO, B,-gh JOHN A. BAUM, BI-k..- @.gh ROBERT E. FENTRESS, Vi,i@i@ B .. h B-.,h HAROLD HEISCHOBER, A, L,,g, BARBARA M HENLEY, P.@g@ P-..gh @BA S M,C:@NAN, Pi@,. A@@, @.,h JOHN D MO@, K,@,@ill, @-gh NANCY K PARKER, A, L,,, JOHN L. PERRY, B,@@,h 281 CITY HALL BUILDING MUNICIPAL CENTER A-@ I --@, I.., CITY COUNCIL AGENDA VIRGINIA BEACH, VIRGINIA 23456-9002 (804) 427-4303 HO-. -@H, C- January 19, 1988 rrEm I. ODUNCIL CONFERENCE SESSICN - Oonfererv--e Fom - 11:30 AM A. CITY COUNCIL CCNCERNS ITIEM II. SESSION - Conference 12 NOON A. CALL TO ORDEP, - %yor Rcbert G. Jones B. ]ROLL CAILL OF COUNCIL C. RECESS TO IVE SESSION ITEM III. SESSION - council r - 2:00 PM A. INVOCATION: Revere@ Glenwood St(--vens Beachlawn Baptist Church B. P CP ALLEG@E TO THE FLAG CP THE UNrrED SMTFS CF At4ERICA C. ELECTRCNIC ROLL CAILL OF CITY COUNCIL D. ADOPRION OF =S FCP THE FOR4AL AGENDA E. MINUIES 1. INFOR4AL & F SESSIONS - January 11, 1988 F. PUBLIC 1. ING a. Application of Marie T. Izmb for a Change of Zoning District Classification frcm R-8 Residential District to A-1 Apartuent District at the southwst corner of Bonney Road and Kenley lbaj (4973 Bonney Road) , containing 7.8 acres (KEMpsville BoroUgh) . This itp-M was deferred 10/26/87. Reccmenclation: APPROVAL G. CONSENT AGENDA All matters listed under the Cbnsent Agenda are considered in the ordinary course of business by City Cbuncil and will be enacted by one motion in the fonn listed. If any item is removed frcm the Consent Agenda, it will be discussed and voted upon separately. 1. lbsolution authorizinq thE,, en]-argement of the nonconfoming use located at 1804 Arctic Avenue (property of Ocean Rescue Service, Inc.) 2. lbsolution authorizing the enlargernent of the rionconforming use located at 1712 Mediterranean Avenue (property of John G. Kolbe, Inc.) 3. ordinance upon SECCND READING to and APPROPRTATE $13,735 fran the U. S. Departmnt of Housing and Urban Development for an Emergency Housing progran. 4. Crdinance Lipon FIRST READING to ACCEPT and APPROPRIATE $30,600 in revenue frcrn the operation of a Day Camp Program for children of Vunicipal Rnployees to support progran operations. 5. RAFFIE PERAITS- Plaza @creation League Cienter for Effective @arnirkj 6. ordinance authorizing tax refunds in the amount of $514.60. H. UNFINISHED BUSINESS I. NEW BUSINESS 1. interim Financial Statements for the Period of July 1, 1987, through Nov@er 30, 1987. 2. RECCNSIDERATION of the conditions in the @cEMber 7, 1987, application of B & L Auto Body, Inc. T/A B & L lbwing Service of Virginia for a Cbnditional Use Permit for a bulk storage Yard at the northeast corner of South(-,rn Boulevard and DDrset Avenue. Said parcel is located at 120 Dorset Avenu-, containing 2.409 acres (Bayside Borough). 3. CAW-EL OR RESCBEDULE CITY COUNCIL SESSIONS: a. Db@y, March 21, 1988 (Annual Congressional City (bnference, tbtional @agle of Cities - March 19-22, 1988, Mshington D.C.) b. Monday, lby 23, 1988 (Virginia Power/Governor Baliles' Dinner) (Moy 30, 1988: memorial Day - City Ibliday) J. ADJOURNMENT M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia January 19, 1988 The CITY COUNCIL CONFERENCE SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order by Mayor Robert G. Jones in the Conference Room, City Hall Building, on Tuesday, January 19, 1988, at 11:30 P.M- Council Members Present: Albert W. Balko, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Absent: John A. Baum (ENTERED: 11:40 P.M.) - 2 - C 0 N C E R N S 0 F T H E M A Y 0 R ITEM # 28672 Mayor Jones advised he had conferred with the City Manager relative the restructuring of the AGENDA by concentrating tlle Planning Items in separate meetings. Beginning in March, Planning Items will be SCHEDULED on the Second and Fourth Meetings of the month. There will be no Plann-@ng Items SCHEDULED for the First and Third Meetings of tlie month. Mayor Jones advised the City Cierk had prepared a Listing of the 1987 Time in Session which depicted over one-half of the total meeting ti-me was allocated to Planning Items. The 14ayor believed this did have the effect o,' "short changing" some of the other items. As soon as a CONSENSUS is derived on changes in the format, same will be accomplished. The idea is flexibility. - 3 - VI C E MAYOR' S C ON C E R N S ITEM # 28673 Vice Mayor Oberndorf referenced her letter to the City Manager dated January 13, 1988, which is basically a f ollow-up to ' the Vice Mayor's 'phone conversation with the City Manager and Messrs Ricketts and Barton of the City's Tourism Bureau. (Said letter is hereby made a part of the record). Vice Mayor Oberndorf requested an in-depth study by the City's Staff relative the possibility of a GRAND PRIX race to be held at the Oceanfront. Vice Mayor Oberndorf advised she was familiar with the Detroit experience. There was a commitment partnership between the public and private sector. The corporations in Detroit invested $5-MILLION to assist the concept. The GRAND PRIX has filled the hotels in Detroit's downtown area and is taking advantage of their already existing tourist areas Vice Mayor Oberndorf requested the City Council's support in requesting an in-depth study. In addition to the cost benefit ratio, the Vice Mayor wished the positive and negative aspects also be addressed. Street Races or Oval Races are held not only in Detroit, Michigan, but Long Beach, California; Miami, Florida; Dallas, Texas; Niagara Falls, New York; St. Petersburg, Florida; West Palm Beach, Florida; Columbus, Ohio; Tampa, Florida; Delmar, California and San Antonio, Texas. The Vice @,layor stated that Patti Phillips, Director of Research, and her staff do a magnificent job of investigating all concerns. Therefore, outsi-de consultants should not be necessary. ESPN broadcasts the original races and then replays same at least on seven different occasions. This gives the City exposure nationally. The contestants come from other countries as well as the United States. The PAVILION or the DOME would be an excellent location for displaying these participating cars. In Detroit, they had to assure the safety of the spectators and they built an observation tower to photograph the races. Apparently in Michigan, enabling legislation was needed in order to run the race on the street. Councilman Heischober advised he had been contacted by the President of INTERNATIONAL MOTOR SPEEDWAY AUTHORITY (IMSA). The proposed promoter of the Norfolk situation gave IMSA Councilman Heischober's name because throughout the Country this entails mostly automobiles dealers. Ford Motor Company invested the $5-MlLLION in Detroit. Detroit is stili in the "red". San Antonio lost $600,000, but believed this would reverse itself next year. The key is ESPN Television coverage, if you can secure a multi-year coiitract. It is a two-m@ile course. A thousand rooms are required for just the crews. Councilman Heischober advised he had the names of the people who could be contacted both nationally, as well as the promoter who has the rights for this area. Vice Mayor Oberndorf advised the City of Detroit had to make $2-MTLLTON worth of street improvements just to run the race, but the $5-MILLTON not only came from the Ford Motor Company, but other corporate members. Vice Mayor Oberndorf advised of the Industrial Development Bond Investments in the motels/hotels the "strip". Councilman Heischober advised there are s@-xteen (16) cities already in the business of GRAND PRIX racing. - 4 - V I 0 E M A Y 0 R S C 0 N C E R N S ITEM 28673 (Continued) Councilman Fentress advised of the NASCAR Race annually in Sebring, Florida on an old abandoned airstrip which is highly successful. Mayor Jones advised he attended the Norfolk City Council Meeting relative consideration of the GRAND PRIX race. Ron Massey developed the studies for Norfolk and would be a most beneficial contact for Mrs. Phillips. The large investment, $1.2-MILLION upfront, as well as neighborhood opposition most probably resulted in Norfolk's denial. Vice Mayor Oberndorf advised one of the City's former employees, Mr. Davin, in the Public Works Department met with the Vice Mayor. Mr. Davin drives in these aforementioned races and has information to share with City Staff. ITEM # 28674 Vice Mayor Oberndorf further advised Martin Grube, Historian, of the Virginia Beach Fire Department, forwarded various suggestions for the TWENTY-FIFTH ANNIVERSARY CELEBRATION COMMITTEE. (Said sugestions are hereby made a part of the record.) Vice Mayor Oberndorf advised Councilwoman McClanan and Councilman Baum of these suggestions. Vice Mayor Oberndorf further advised another citizen had suggested the planting of twenty-five (25) silver maple trees in one of the park areas as a living tribute the TWENTY-FIFTH ANNIVERSARY. Councilman Perry suggested these trees be planted at the Veteran's Memorial. - 5 - C I T Y 0 0 U N C I L C 0 N C E R N S ITEYi # 28675 Councilman Perry advised the City Treasurer had informed him the State allows $2.50 more on automobile decals. Councilman Perry suggested this form of extra tax be utilized as same would be applied only to those who use the roads. Approximately 250,000 to 300,000 auto decals are sold. This would result in approximately an additional $1-MILLION Per Year. If this were not enough, an extra dollar could be added to the personal property tax for automobiles. The City Manager @iill review same. ITEM # 28676 Councilman Perry referenced the TARGET AREAS in the CAPITAL IMPROVEMENT PROGRAM. These are stipulated as being funded by Community Development Block Grant funds. However, the funds are being depleted. Councilman Perry requested information relative where the City will derive these funds. The citizens in Gracetown have requested twice the City stop digging the ditches and taking the good top soil elsewhere. The Mayor advised the Impact of the Federal cutbacks on the City's ability to fund the TARGET ARF.A programs needed to be addressed. The City Manager advised a Staff presentation/ Workshop Session will be scheduled with a response to the Gracetown issues. ITEM # 28677 Councilman Baum distributed a SUMMARY OF MEETING REGARDING AGRICULTURAL ISSUES. (Said summary is her--by made a part of the record.) The meeting was held in the Agricultural Conference Room on December 29, 1987. Participants were: Councilman Baum, Councilwoman Henley, the Ci-ty Manager, Messrs Hector A. Rivera, Robert Scott, Jack Whitney, Norris Shirley, Bartley Tuthill, Dick Cockrell, Don Horsley, G. B. Pendleton, Louis Cullipher and Dr. Michael Chandler, Extension Specialist, VPI. Councilman Baum referenced the suggestion a TASK FORGE be appointed to visit similar areas of Loudoun/Clark Counties, Virginia, Montgomery County Maryland and Chester/York, Pennsylvania. A second tour will be planned for New Jersey and New York. This TASK FORCE would observe what techniques and strategies are working to protect farmland in these other areas. The target date is the last two weeks in February. Three leading farmers would attend, as well as staff. After this, Jack lqhitney would proceed with preparing the RFP's for Transfer of Development Rights. The farmers could meet in WORKSHOPS to discuss these TDR'S. Councilman Baum requested a decision be made at the City Council Meeting of January 25, 1988, to send the farmers, two staff members, two Council Members, as well a Dr. Michael Chandler, 14:xtension Specialists, Community Resource Development, VPI, to visit the aforementioned areas. Councilwoman Henley advised there was a tight time frame with the TDR Study. The City Manager advised he will develop a SCHEDULE and a PLAN OF ACTION for the City Council Meeting of January 25, 1988, reflecting exactly how the Staff would proceed with same, merging two activities to be assured no time is lost. Don Horsley, Dick Grockrell, and Norris Shirley were suggested as leading farmers to attend. Councilwoman Henley requested a reuresentative from Pungo attend. - 6 - 0 I T Y C 0 U N C I L C 0 N C E R N S ITFI,l # 28678 Councilwoman Parker referenced a call from Kit Johnson of @IKIX and advised City Council might be receiving calls relative the CZO revisions for the future of the City of Virignia Beach. ITEM # 28679 Councilwoman McClanan referenced the Resolution authorizing the enlargement of the nonconforming use located at 1804 Arctic Avenue (property of Ocean Rescue Service, Inc.) and Resolution authorizing the enlargement of the nonconforming use located at 1712 Mediterranean Avenue (property of John G. Kolbe, Inc.) (See Item III-G.1 and III-G.2 of the CONSENT AGENDA) and advised this was a precedent allowing iiarehousing and distribution in C-1. The City Staff will present information relative this as concerns have also been addressed concerning the lifesaving service and the possibility of conditions being attached limiting the time. ITEM # 28680 Councilman Perry referenced an Ordinance upon SECOND READING to ACCEPT and APPROPRIATE $13,735 from the U. S. Department of Housing and Urban Development for an Emergency Housing program. (See Item III-G. 3 of the CONSENT AGENDA). The City Manager will advise relative administrative costs. - 7 - ITEiA # 28681 Mayor Robert G. Jones entertained a motion to permit City Council to conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of Virginia, as ainended, for the following purposes: 1. PERSONNEL MATTERS: Discussion or consideration of employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignatior ol- public officers, appointees or employees. 2. PUBLICLY HELD PROPERTY: Discussion or consideratioil of the condition, acquisition or use of real property for public purpose, or of the disposition of publicly held pronerty, or of plans for the future of an institution which could effect the value of property owned or desirable ,or ownership by such institution. 1 3. LEGAL MATTERS: Consultation with legal counsel or briefings by staff me,ibers, consultants or attorneys, pertaining to actual or potential litigation, or other legal matters within the jurisdiction of the public body. Specific items of business on the City Counc,@-1 agenda that may be discussed in Executive Session are the following: G.l. Upon motion by Councilman Moss, seconded by Councilman Balko, City Council voted to proceed into EXECUTIVE SESSION. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice i@,ayor @leyera E. Ober,-idorf, Nancy K. Parker and John L. Perry Council Members Vo@ling ilay: None Council Members Absent: Robert E. Fentress (ENTERED: 12:20 P.M.) - 8 - F 0 R M A L S E S S I 0 N VIRGINTA BEACH CTTY COUNCIL January 19, 1988 2:00 P.M. Mayor Robert G. Jones called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chambers, City Hall Building, on Tuesday, January 19, 1988, at 2:00 P.M. Council Members Present: Albert W. Balko, Johii A. Baum, Robert E. Fentress, Harold 17 eischober, Barbara M. Henley, Mayor iobert G. Jones, Reba S. McClanan, John D. 14oss, Vice Mayor Meyera, E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Absent: None INVOCATION: Reverend Glenwood Stevens Beachlawn Baptist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - 9 - ADOPTION OF ITEMS Item III-D.l. ITAM @q, 28682 Councilwoman McClanan referenced the addition of An Ordinance Autliorizing and Directing the City Manager to Execute an Agreement Convey4-ng Certain Property to the City of Virginia Beach; to Obtain a Release ol@ Certain Deed Restrictions; and, to Adjust the Boundary Line between the Cities at Moore's Point; AND, an Ordinance to Transfer $1,950,000 for the uurpose of Acqui-ring the Green Run Farm Property from the City of l@orfolk. This item will be ADDED under NhN BUSINESS. Item III-D.2. ITFII lwj 28683 -,he City Manager advised of a Staff Presentation involving the site plan of PACO, INC., a Change of Zoning ADOPTFD by City Council on May 20, 1985. This item will be added under NEVI BUSINESS. item III-D-3- ITEM ?'t 28684 Councilwoman Henley requested the addition o@' an item under UNFINISHED BUSINFSS. Item III-D.4. ITEM /1" 28685 Counc4-lraan Fentress referenced the Resolution authorizing the enlargement of the nonconforming use located at 1804 Arctic Avenue (property of Ocean Rescue Service, Inc.) (See Item III-G.1 of the CONSENT A-.ENDA). This ite,-,i will be pulled for separate discussion. BY '@ONSENSUS, with the exception of Councilwoman McClanan's VERBAL NAY Vote, City Council ADOPTED the ITEMS FOR THE FORRAL AGEIIDA. Councilwoman McClanan requested at each City Council Meeting, her vote on this particular ite-M. be recorded as a VERBAL NAY. - 10 - Item III-E.1 MINUTES TTA@'I # 28686 Upon motion by Councilman Fentress, seconded by Councilman Balko, City Council APPROVED the MIliUTES of the INFORMAL & FORMAL SESSIONS of January 11, 1988. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Eenley, Mayor r@obert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor i,leyera E. Oberndorf, Nancy K. Parker and Joiin L. Perry Council Members Absent: None - 11 - Item III-F. PLANNING ITEM @'@ 28687 Mayor Robert G. Jones D-HCLARED a PUBLIC HEARING on: PLANNING a. MARIE T. LAMB CHANGE OF ZONING 12 - Item III-F.l.a. PUBLIC HEARING PLANNING TTEM # 28688 Attorney R. J. Nutter, 2809 South Lynnhaven Road, Phone: 431-3100, represented the applicant, ald distributed copies of the Revised Impact Analysis Statements from the Traffic Engineering Department and the Virginia Beach City Public Schools, as well as the revised Deed Restrictions. (Copies of same are hereby made a part of the record.) Attorney @lutter advised this was a 7.8 acre parcel located on Bonney Road at its intersection of Kenley Road. The density shall be limited to 64 units. The Grantor agrees to construct one story, vinyl exterior "quadrominimums". Steve Strickland, Purchaser, presented a Preliminary Site Plan. Julie L. Smith, 1613 Ellsberg Court, Phone: 424-6500, represented the applicant and advised Marie T. Lamb has been conferred with and informed of the pror,osed reduced price for her property. Upon motion by Councilman Moss, seconded by Vice Mayor Oberndorf, City Council ADOPTED an Ordinance upon application of MARIE T. LAMB for a Change of Zoning Distric" Classif4-cation: ORDINANCE UPON APPLICATION OF MARIE T. LAMB FOR A CHANGE OF ZONING DISTRICT APPLICATION FROM R-8 TO A-1 Z01881196 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon ao lication of Marie T. Lamb for a @p Change of Zoning District Classification from R-8 Residential District to A-1 Apartment District at the southwest corner of Bonney Road and Kenley Road. Said parcel is located at 4973 Bonney Road and contains 7.8 acres. Plats with more detailed information are available in the Departnient of Planning. KEMSPVILLE BOROUGH. The following conditions shall be required: 1. Development shall be subject to site plan review and in accordance with the ldreliminary site plan, presented to City Council on January 10, 1988. (Said Site Plan is hereby inade a part of the proceedings.) 2. Grantor agrees to develop, rqarket and sell the multi-fa@mily residential units placed ol-i the property as condominiums for sale and not as apartments. 3. Grantor agrees that the total density of units on the property, consisting of 7.8 acres more or less, shall not exceed 64 units. - 13 - Iter,i III- F.l.a. PUBLIC HEARING PLANNING ITEM # 28688 (Continued) 4. Grantor agrees to construct one story, vinyl exterior "quadrominiums" on the property containing no more than four units per cluster, and that the total number of quadrominium clusters shall not exceed sixteen (16). 5. Grantor agrees that no structure built on the property shall be in excess of one story and/or a height of 20 feet. 6. Grantor agrees that any patios constructed with any of the units shall be bordered by a cedar fence. 7. Grantor agrees to maintain existing trees within twenty feet (201) ol- the southwestern and southeastern property lines as a natural buffer from the adjoining properties. 8. The Deed Restrictions encomuassing the above conditi-ons shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, and are hereby idade a part of the proceedings. Prior to the changing of the official zoning maps, the following conditions shall be required: 9. Dedication of right-of-way 33 feet from the centerline of the existing Bonney ',ioad to provide for a four-lane undivided highway as per the Master Street and 'iighway Plan. 10. Dedication of right-of-way 25 feet from the centerline of the existing Kenley Road right-of-wav to provide for an ultimate 50-foot right-of-way. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Nineteenth day of January, Nineteen Hundred and Eighty-eight. Voting: 10-0 Council Members Voti-qg Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Abstaining: Harold Heischober Council Members Absent: None Councilman Heischober ABSTAINED as he is the owner of a townhouse in KEMPSVILLE LAKES. OD LLJ EE [13 rn P D -n I - ' ! k@ -I " : p@ II I I 1 I . I I -- ' THIS AGREEMENT, made this .2@ day of 1987 by and between MARIE T. LAMB, a widow (hereinafter referred to as Grantor) , and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (hereinafter referred to as Grantee). E 1. T I F, 5. A 9 T Ii : WHEREAS, the Grantor has initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition of the Grantor addressed to the Grantee, so as to change the classification of the Grantor's property from Residential (R-8) to Multi-family (A-1), on certain property containing a total of 7.8 acres, more or less, in the Kempsville Borough, in the City of Virginia Beach, Virginia, more particularly described as follows: ALL THAT certain tract, piece or parcel of land with the buildings and improvements thereon' and appurtenances thereunto belonging, lying, situate and being in the City of Virginia Beach, Virginia, more particularly described as "Parcel 29" on that plat entitled "A.W. CORNICKS, @SVILLE FARM IN PRINCESS ANNE COUNTY, VA." recorded in Map Book 9 at Page 43 in the Clerk's office of the Circuit Court of the City of Virginia Beach (hereinafter the Property) ; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land, for various purposes, incl'uding residential purposes, through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible uses conflict and that -1- in order to permit differing uses on and in the area of the subject property and at the same time to recognize the effects of the change, and the need for various types of uses, including multi-family residential, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned A-1 are needed to cope with the situation which the Grantor's rezoning application gives rise to; and WHEREAS, the Grantor has voluntarily proffered in writing in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the recjulations provided for in the existing A-1 zoning district by the existing Comprehensive Zoning Ordinance, the following reasonable conditions related to the physical development and operation of the Property to be adopted as a part of said amendment to the new Zoning Map relative to the property described ab,ve, which have a reasonable relation to the rezoning and the need for which is generated by the rezoning; and WHEREAS, said conditions having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall -continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent -2- amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the subject property at the time of recordation of such instrument; provided, further, that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.1-431, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW, THEREFORE, the Grantor, for herself, her successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion of cmid Pro cruo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions as to the physical development and operation of the Property and governing the use thereof and hereby tenders the following covenants running with the said property, which shall be binding upon the Property and upon all parties and persons claiming under or through the GORDMO k P.C -3- Grantor, her heirs, personal representatives, assigns, grantees and other successors in interest or title, namely: 1. Grantor agrees to develop, market, and sell the multi-family residential units placed on the property, as condominiums for sale and not as apartments. 2. Grantor agrees that the total density of units on the property, consisting of 7.8 acres more or less, shall not exceed 64 units. 3. Grantor agrees to construct one story, vinyl exterior "quadrominiums" on the property containing no more than four units per cluster, and that the total number of quadrominium clusters shall not exce4d sixteen (16). 4. Grantor agrees that no structure built on the property shall be in excess of one story and/or a height of 20 feet. 5. Grantor agrees that any patios constructed with any of the units shall be borde@ed by a cedar fence. 6. Grantor agrees to maintain existing trees within twenty feet (201) of the southwestern and southeastern property lines as a natural buffer from the adjoining properties. 7. All references hereinabove to the R-8 and A-1 districts and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of June 1, 1987, which is by this reference incorporated herein. MuTrLE.O.TH. R@". GIOROMO . @LJL F.r -4- S. The Grantor covenants and agrees that (1) the Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupance permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO, or this Agreement, the Grantor shall petition to the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map shown by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department and that they shall be recorded in the clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the Grantor and Grantee. RULO". Go"-O @LL P.1- WITNESS the following signature and seal: -5- i) (SEAL) MARIE T. LA", a widow STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, P,,,.J. Veio , a Notary Public in and for the state of Virginia, ao nereby certify that Marie T. Tanh, whose name is signed as Grantor to theo, mc#r foregoing instrument bearing date on the 2AJ day of --- 1987, has acknowledged the same before me=n the City and State aforesaid. My Commission Expires: Notary lic sks/docs/stric @LL r.r- -6- - 14 - Item III-G. CONSENT AGENDA ITEM # 28689 Upon motion by Councilman Heischober, seconded by Councilwoman Henley, City Counc-@ll APPROVED in ONE MOTION items 2, 3, 4, 5 and 6 of the CONSENT AGENDA. Item III-G.1 was pulled for a separate vote. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None. Council Members Absent: None 5 Item III-G.l. CONSENT AGENDA ITF!vi 28690 Upon motion by Councilman Fentress, seconded by Councilman Balko, City Council DEFERRED, not to exceed thirty (30) days: Resolution authorizing the enlargement of the nonconforming use located at 1804 Arctic Avenue (property of Ocean Rescue Service, Inc.) This DEFERRAL will enable additional information to be provided by City Staff. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None 1 6 Item III-G.2. CONSENT AGENDA ITEM # 28691 U-oon motion by Councilman Heischober, seconded by Councilwoman Henley, City Council ADOPTED: Resolution authorizing the enlargement ol- the nonconforming use located at 1712 Mediterranean Avenue (prouerty of John G. Kolbe, Inc.) Voting: 11-0 Council ialembers Voting Aye: Albert W. Balko, John A. Baun@, Robert E. Fentress, Harold Heischober, Barbara M. Henley, !,,ayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None GNAIURE DEOARTMENT RESOLUTION AUTHORIZING THE ENLARGEMENT A@, T OF THE NONCONFORMING USE 3 LOCATED AT 1712 MEDITERRANEAN AVENUE 1- PROPERTY OF JOHN G. KOLBE, INC.) 7 CITY ATTORNEY WHEREAS, John G. Kolbe, Inc., desires to construct an 8 addition of 3,800 square feet to its building located at 1712 9 Mediterranean Avenue, Virginia Beach, Virginia, as shown on that 10 certain site plan entitled "SITE DEVELOPMENT PLAN," a copy of 11 which is attached hereto and made a part hereof; and 12 WHEREAS, the present use does not conform to the 13 provisions of the Comprehensive Zoning ordinance because 14 warehousing and distribution facilities are not allowed in the 15 C-1, Arts and Conference District; and 16 WHEREAS, pursuant to SS105(d) of the comprehensive 17 Zoning Ordinance, City Council may authorize the enlargement or 18 extension of a nonconforming use if Council finds that the use as 19 enlarged or extended is equally appropriate or more appropriate 20 to the zoning district than is the existing nonconformity. 21 22 NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF 23 THE CITY OF VIRGINIA BEACH, VIRGINIA: 24 That City Council hereby finds the enlargement or 25 extension of the nonconforming use located at 1712 Mediterranean 26 Avenue, Virginia Beach, Virginia, as shown on the site plan is 27 equally appropriate or more appropriate to the zoning district in 28 which it is located than is the existing nonconformity; and the 29 City Council hereby authorizes the enlargement or extension of 30 the nonconforming use in the manner shown on the site plan, 31 provided extension of the use complies with all building, site 32 plan, and other requirements of the City of Virginia Beach. 33 34 35 Adopted by the Council of the City of Virginia Beach, 36 1 9 37 Virginia, this day of January 1988. 38 39 WMM/dhh 40 01/05/88 41 m a m m I . 0 r St MEDITERREAN'AVENUE AND ALT@RAM.9 TO WILUAMS, TAZEWELL AND COOI JOHN G KOLBE, INC. Fgi.,Mg ]Y..,,i.g 710 Wsi 21@i St ... i. N.,f.1k, Vigi.i. 23 5 - 17 - Item ITT-G-3- CONSENT AGENDA 1TEM # 28692 Upon moti-on by Councilman Heischober, seconded by Councilwoman Henley, City Council ADOPTED upon SECOND RFADING: Ordinance to ACCEPT and APPROPRIATE $13,735 from the U. S. Department of Housing and Urban Development for an Emergency Housing program. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None ORDINANCE TO ACCEPT AND APPROPRIATE $13,735 FROM THE U.S. DEPARTMENT OF HOUSING AND URE@AN DEVELOPMENT FOR AN EMERGENCY HOUSING PROGRP,M WHEREAS, the McKinney Homeless Assisitance Act recently enacted by the Congress provides $50 Million for emergency shelter grants program; and WHEREAS, this program provides grants to localities to support homeless shelter programs within their boundaries; and WHEREAS, there is a problem in providing shelter for the homeless in Virginia Beach; and WHEREAS, the U.S. Department of Housing and Urban Development through the State of Virginia has informed the City that $13,735.00 has been allocated to the City of Virginia Beach for such homeless assistance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH that a grant of $13,735.00 from the Department of Housing and Urban Development for emergency shelter is accepted. BE IT FURTHER ORDAINED that funds in the amount of $13,735 are appropriated to the office of Housing and Community Development for a pass-through to Samaritan Holise, a private non- profit agency, who will provide services to thi@ homeless. BE IT FURTHER ORDAINED that the City of Virginia Beach will comply with the requirements of thi;3 program of the Department of Housing and urban Development. Adopted by the Council of the City of Virginia Beach on 19 January day of 1988. First Reading: Ja@iuary 11, 1988 Second Reading: January 19, 1988 @,y - 18 - Item III-G.4. CONSENT AGENDA ITFIL # 28693 Upon motion by Councilman Heischober, seconded by Councilwoman Henley, City Council APPROVED upon FIRST READING: Ordinance to ACCIEPT and APPROPRIATE $30,6oo in revenue from the operation of a Day Camp Program for children of @@lunicipal Employees to support program operations. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robe-,t E. Fentress, Harold Hei-schober, Barbara M. Henle@, Mayor Robert G. Jones, Reba S. McClanan, Jolin D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: !,lone AN ORDINANCE TO APPROPRIATE $30,600 IN REVENUE FROM THE OPIRRATION OF A DAY CAMP PROGRAM FOR CHIIJ)REN OF MUNICIPAL EMPIDYEES TO SUPPORT PROGRAM OPERATIONS WHEREAS, a pilot Day Camp program was operated in the summer of 1987, open only to the children of municipal employees, and WHEREAS, it is felt that there is sufficient interest by the employees of the city to provide this program as an additional benefit, and to make it self- supporting, and WHERF-AS, the program will operate at two sites and be staffed by six temporary recreation employees (1.3 FTE's), and WHEREAS, the total program cost will not exceed $30,600 and will be offset fully by revenue generated from a participant fee or direct charge for activity. NOW THERE FOR BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BF-ACH, VIRGINIA that a day camp program, opened only to the children of municipal employees, be operated by the Department of Parks and Recreation for the summer of 1988, and BE IT FURTHER ORDAINED, that tbe $30,600 in funds generated through operation of the program be appropriated and used to offset fully the costs of operating the program and that no additional city funds will be required. This Ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 1987. FIRST RFADING January 19, 1988 APt CONTENTS SECOND RF.ADING TO SIGNATURE DEPARTMENT APPROVED AS TC4EGAL SUF m CSR/5 DAYCAMP.88 C@Y ATT RNEY - 19 - Item III-G.5. CONSENT AGFIIDA ITEII # 28694 Upon motion by Counciln@an Heischober, seconded by Councilwoman Henley, City Council APPROVED: RAFFLE PERMITS: Plaza Recreation League Center for Effective Learning Voting: 11-0 Council Members Voting Aye: Albert W. Balko, Johia A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Heiiley, iviayor Robert G. Jones, Feba S. i4cClanan, John D. Moss, Vice ilayor Meyera E. Oberndorf, '@@ancy K. Parker and John L. Perry Council Members Voting Hay: None Council Members Absent: None - 20 - Item TTT-G.6. CONSENT AGENDA ITEM # 28695 Upon motion by Councilman Heischober, seconded by Councilwoman Henley, City Council ADOPTED: Ordinance authorizing Tax Refunds in the amount of $514.60 upon application of certain persons and upon certification of the City Treasurer for Payment. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold He-@@schober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None NO. C... 7 1 2/ 21 /87 EMC AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for tax refunds upon certification of the Treasurer are hereby approved: NAME Tax Type Ticket Exonera- D ate Penalty lnt. Total Y ear of Tax Number tion No. Paid Physicians Instant Care 87 RE(1/2) 83093-0 6/30/87 227.37 Roy New Inc 86 RE(1/2) 84881-4 11/26/85 12.00 Hazel M Newton 85 RE(1/2) 78828-4 4/3/86 25.10 Hazel M Newton 85 RE(2/2) 78828-4 4/3/86 23.94 James A & Elaine Grissom 87 RE(2/2) 40923-6 9/10/87 23.63 Rufus Tabron 88 RE(1/2) 106307-0 11/9/87 148.39 Earle & Josephine Werner 88 RE(1/2) 114928-3 11/12/87 42.17 Cornell K Gordon N/A Pkng 169826 10/21/87 12.00 Total 514.60 This ordinance shall be effective from date of adoption. The$?pZe atement(s) totaling Cer, .6e I - were approved by the Council of the City of Virginia Beach on the -,1-9-d,y of January, .1988 Johr Approved as to f Ruth Hodges Smith City Clerk Da@e Bims6n, City Attorney - 21 - Item III-H.l. UNFINISHED BUSIliESS ITEM # 28696 ADD-ON Councilwoman Henley referenced the newspaper article relative the items in the City's LEGISLATIVE PACKAGE @allich did not find a sponsor. Councilwoman Henley wished some points clarified. Reference was made in rela@@ion to the Resolution requesting the Ge-,ieral Assembly to Amend the Charter of the City of Virginia Beach to empower the City to in-pose a tax on the Transfer of Real Estate upon approval by Refei-endum. The Resolution and the proposed amendmeiit clearly specified imposition of a tax on the transfer of real es@late would only con@e about after ap',Droval by the voters in a referendum. Councilwonian Tenley would hope that the City's delegation understood the City Council was not requesting this approval without subsequent approval in a Refereiidum. Councilwoman lienley further advised had this clause not been inserted in said Resolution and Aiqendment, she most probably would not have been able to support this e'@ther. Councilwoman Henley further referenced the Amendment to the City's Charter to provide for the Direct Election of the School Board and to Grant the School Board Limited Taxing Authority. The newspaper article refereiced whether or not this was constitutional. Tlie City Council iias completely aware this was going to be more than a one-step process. Over the numerous times, the issue was discussed, Councilman Moss made it very plain, this ivould entail a constitutional change in order to allow anctlier body to levy tax and then subseque-,itly it would have to corie back in the question of the election of the School Board. This would entail approximately three sessions plus a vote by the people to approve the Constitutional Change. - 22 - Item III-I.l. NEW BUSINESS ITEIII # 28697 Giles Dodd, Assistant City 14anager for Administration, presented the INTERIM FINANCIAL STATETMNTS for the Period of July 1, 1987 through November 30, 1987. (Said Statements are hereby made a part of the record.) Giles Dodd referenced Page 2.1., EXHIBIT A depicting the seven (7) major classifications of Revenues shown in the General Fund through November 30, 1987. Five of these are better than anticipated. The other two: Permits, Privilege Fees and Licenses and Other Category are a bit less than should be but ahead of last year. Expenditures are below the estimate in the Budget for this Fiscal year. The General Property Taxes reflects receipt of 40.9% of the total Estimate for the year. The Tax Assessor had indicated revenues would be down approximately $1.7-MILLIOi@l as a result of reduced assessments. However, the majority of this $1.7-MILLION will only fall into the second 'half of the year, because it will be those collections due June Tenth. $612,000 of this amount falls into this period. Of this $612,000 in this six-month period, there have been a net of supplements and exonerations to the Fiscal 1988 Taxes into the Fiscal 1987 Taxes of $166,964. Actually, the City is not down by $612,000 but down by $445,000 in real estate only. The difference has been made up in personal property taxes, so the City is now in a favorable position as far as its Budget Estimate is concerned at this point in the Fiscal Year. Councilman Moss referenced Page 3.1. - real estate and personal property supplements. Giles Dodd advised supplements generally mean assessments thal. for some reason fail to get them on so they are supplemented after the original roll has gone out. Agricultural Roll-back would be in current years. The School Operating Fund and the Water and Sewer Enterprise Fund seem to be doing well as the General Fund. Section 7 has been added to this report which gives INTERIM BALANCE SHEETS of the three major funds. Councilman Perry advised the U.S.A. TODAY listed the City of Virginia Beach as the fifth City in the United States with the largest surplus percentage of the Budget. Giles Dodd advised City Council had ADOPTED a Policy that the fund balance in the General Fund at the end of the year would be somewhere between 75% and 100% of the amount of debt service that would be needed for the next year. City Counci-1 has tried to retain it in that range. The Fund balance is one of the criteria that the bond rating agencies examine very carefully. Councilwoman Henley advised it was definitely related to the amount of debt that the City owes and the ability to assure payment of that debt. Tt is because of that policy ttiat the Ci@'y has retained the bond rating and found the ability to secure good interest rates. It is very important that the City continue to maintain that good fiscal responsible position, particularly entering in@@o the Lake Gaston project.