MAY 4, 1987 MINUTES
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VIRGINIA BEACH, VIRGINIA 2$456 9w2
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VIRGINIA BEACH CITY COUNCIL
AGENDA
MAY 4, 1987
ITEM I. SESSION - ODnference 12:00 PM
A. CRIY OOLINCIL S
ITEM II. INFO@ SESSION - Omference ROM - 12:30 PM
A. CALL TO ORDER - Mayc)r Rcbert G. Jones
B. ROLL CALL OF CCUNCTF-
C. CITY MANAGER'S BRIEFING
1. Soil Survey: Yx. Louis @llipher, Director-Agriculture
2. Back Bay Study: Mr. Jack lohitney, Chief of Canprehensive Planning
D. MOTICN TO @ INTO IVE SESSION
ITEM III. FO@ SESSICN - @il s - 2:00 PM
A. INVW.ATION: Reverend @ttliew H. Lewis
First L@aven Baptist Church
B. PLEDGE OF ALLE)GIANCE TO THE FLAG OF THE UNITED SIATES OF AMERICA
E. MI=S
1. INFIORMAL & FORML SESSIONS April 27, 1987
P. PUBIJC
a. ordinance for the discontinuance, closure and abandorinent of a
portion of Ti7kins Iane in the petition of Signet
Enterprises, Ltd. (Kenlpsville Borough).
Deferred: April 20, 1987
Rec@ridation: AP
b. Application of Executive @rts for a Cbnditional Use
Pemut for an autcmcbile repair and motor vefiicle sales on
certain property on the north side of Bonney @ begiming at
a point 305.62 feet east of Lynn Shores Drive, containing
27,180 square feet (Kempsville Borough).
Reccmendation: WITMRAML
c. Application of Nornian E. and Barbara B. Ward and Professional
Printing Center, Inc. for a Change of Zon@ frcrn 0-1 office
District to B-2 CcmiLmity-Business District on the north side
f lbuse Drive, 350 feet mre or less east of Grayson Foad
located (at 5032-5034 Rouse Drive), containing 20,211.84 square
feet (@sville Borough).
P,eccmendation: APPROVAL
d. Application of Larry Ray Bonriey for a Cbnditional Use Pennit
for t@ (2) singie family d%ellings in the AG-1 Agricultural
District on Parcels C-2 and C-3 lc)cated on the east side of
West @ck RDad, 1590 feet wre or less riorth of West Landing
lbad, cc)ntaining 32.B3 acres (Princess Anne Borough).
Re@ndation: APP@
e. SIDERATION: Application of Lakeside omstruction
Cbrporation for a Cbnditional Use Pelmit for a borrow pit,
(apprcK7ed June 9, 1980), located 3328.97 feet east of Oceana
Boul,--vard, 2150 feet north of Painters @e (Princess Anne
Borough).
Reccnmendation: APP
f. Application of Myung K. Lee for a Change of Zoning District
Classification frcrn B-2 ccmunity-Business District to B-3
Central-Business District on certain prcperty located on @e
east side of South Boulevard, 110 feet riorth of South
Independence Bc)ulevard, containing 28,000 square feet
(Ilempsville Borough).
Re@r)dation: DENIAL
G. ORDINANCES
1. Ordinance to arnend and reordai-n the oode of the City of Virginia
Beach, Virginia, by ADDIW. Section 33-114.1 pertaining to r@al,
etc., of certain enc
2. ordinance to repeal Sections 3-41, 3-42, 3-43, 3-44, 3-45 and 3-46
of the Code of the City of Virginia Beach, Virginia, pertaining to
proi sigrls -
3. Ordinance to authorize a t@rary encroac@nt into a portion of
the right-of@y of Cleveland Street to Koger Properties, Inc.,
their assigns and successors in title.
H. APPO
1. ARTS & IIJMANITLES C@ISSION
2. EASTERN VIEGINIA MEDICAL AUTHORITY
3. FACT FIND CCMMITREE - OCEAN LAKES
4. MOSQUITO CONTROL COMMISSION
5. SOCIAL SERVICES BOARD
6. SCUTHEASRERN VIRGINIA PLANNING DISTRICT C@SSION
7. TIDEWATER COMt4JNITY ODLLEGE BOARD
I. UNFMSHED BUSIMSS
J. NEK BUSINESS
K. AW
OOLJNCIL BUDGET @EW SCHEDULE
May 4 @et Reooriciliation Workshop -
Omference Rocrn 10: 00 AM - 12 NOON
@y 11 Regular Session: Public Hearing and
FIRSr FEWItu of Appropriation ordinance -
ODuncil Chan-Lbers 2:00 PM
may 14 Special Session: SECCND of
Appropriation Ordinance -
Council Chambers - 12 NOON
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
MaY 4, 1987
The INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order
by Mayor Robert G. Jones in the Conference Room, City Hall Building, on Monday,
MaY 4, 1987 at 1:20 P.M.
Council Members Present:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Heba S. McClanan, Vice Mayor Meyera E.
Oberndorf, John D. Moss, Nancy K. Parker and John L.
Perry
Council Members Absent:
None
- 2 -
ITEM # 27290
Mayor Jones entertained a motion to permit City Council to conduct its
MCUTIVE SESSION pursuant to Section 2.1-344, Code of Virginia, as
amended, for the following purposes:
1. PERSONNEL MATTERS: Discussion or consideration of employment, assignment,
appointment, promotion, performance, demotion, salaries, disciplining or
resignation of public officers, appointees or employees.
2. PUBLICLY HELD PROPERTY: Discussion or consideration of the condition,
acquisition or use of real property for public purpose, or of the
disposition of publicly held property, or of plans for the future of an
institution which could affect the value of property owned or desirable
for ownership by such institution.
3. PUBLIC FUNDS INVESTMENT: The investigating of public funds where
competition or bargaining is involved where if made public initially the
financial interst of the governmental unit would be adversely affected .
4. 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. Specific items of business on the City Council Agenda that were
discussed in Executive Session: III-G.1 and 2.
Upon motion by Councilman Heischober, seconded by Councilman Perry, City
Council voted to proceed into EXECUTIVE SESSION.
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
- 3 -
F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
May 4, 1987
2:20 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 Monday, May 4,
1987, at 2:20 P.M.
Council Members Present:
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 D.
Perry
Council Members Absent:
None
INVOCATION: Reverend Matthew H. Lewis
First Lynnhaven Baptist Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATFS OF AMERICA
- 4 -
APPROVAL OF ITEMS FOR THE FORMAL AGENDA
Item III-D.1 ITEM # 27291
Vice Mayor Meyera Oberndorf ANNOUNCED on May 10, 1987, MOTHER'S DAY, from 3:00
P.M. to 5:00 P.M. on the lawn of the Francis Land House a free concert will be
presented by the VIRGINIA BEACH CHAMBER POPS - Walter Noona, Conductor. This
is presented by the TWENTY-FIFTH ANNIVERSARY CONSTITUTION'S CELEBRATION
COMMISSION.
Item III-D.2 ITEM # 27292
The City Manager advised the PRESENTATIONS relative Soil Survey by Louis
Cullipher, Director of the Department of Agriculture, and the Back Bay Study by
Jack 14hitney, Chief of Comprehensive Planning, have been SCHEDULED under NEW
BUSINESS in the Formal Agenda, as there was insufficient time during the
INFORMAL SESSION of City Council.
Item III-D-3 ITEM # 27293
Councilman Fentress referenced an Ordinance to amend and reordain Section 944.1
of the Comprehensive Zoning Ordinance pertaining to Sign Regulations in the B-5
Resort Commercial District. (ADOPTED April 20, 1987).
Councilman Fentress wished this item be added under NEW BUSINESS for
RECONSIDERATION.
BY CONSENSUS, with the exception of Councilwoman McClanan's VERBAL NAY Vote,
City Council ADOPTED the ITEMS FOR THE FORMAL AGENDA.
Councilwoman McClanan requested at each City Council Meeting, her vote on this
particular item be recorded as a VFRBAL NAY.
5
Item III-E.l.
MINUTES ITEM # 27294
Upon motion by Vice Mayor Oberndorf, seconded by Councilman Heischober, City
Council APPROVED the MINUTES of the INFORMAL & FORMAL SESSIONS of April 27,
1987.
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
6
Item III-F.l.a-e
PUBLIC HEARING
PLANNING ITEM # 27295
Mayor Jones DECLARED a PUBLIC HEARING on:
PLANNING ITEMS
a. SIGNET ENTERPRISES, INC. STREET CLOSURE
b. EXECUTIVE EUROPEAN IMPORTS CONDITIONAL USE PERMIT
c. NORMAN E. AND BARBARA B. WARD
AND PROFESSIONAL PRINTING GENTER, INC. CHANGE OF ZONING
d. LARRY RAY BONNEY CONDITIONAL USE PERMIT
e. RECONSIDERATION: LAKESIDE CONSTRUCTION CONDITIONAL USE PERMIT
CORPORATION
f. MYUNG K. LFE CHANGE OF ZONING
7
Item III-F.l.a.
PUBLIC HEARING
PLANNING ITEM # 27296
Gil Holt, President of Signet Enterprises, represented the applicant and
distributed letters from City Staff relative the Street Closure, sketch of the
existing Thompkins Lane and the proposed realignment of Thompkins Lane. (Said
information is hereby made a part of the record.)
OPPOSITION:
Robert A. Jackson, 813 Old Homestead Lane, President of the Homestead Civic
League
Attorney Michael Nuckols, 929 Old Homestad Lane, Phone: 420-3555, represented
the Homestead Civic League
Alice Green, 1221 General Street, Phone: 420-0177, represented the Community of
Newlight and presented City Council with a letter in OPPOSITION (Said letter
is hereby made a part ol- the record.)
Reverend Thomas Jennings, 1325 Church Street, Phone: 424-5957, represented the
Community of Newlight
Russell L. Clark, 1203 Ferry Point Road, Phone: 424-3587, represented the
Community of Newlight
Upon motion by Councilman Moss, seconded by Councilman Baum, City Council
APPROVED, subject to Compliance of Conditions by the City Council Meeting of
November 9, 1987, an Ordinance upon application of SIGNET ENTERPRISES for the
discontinuance, closure and abandonment of a portion of Thompkins Lane.
Application of Signet Enterprises, Ltd., for the
discontinuance, closure and abandonment of a
portion of Thompkins Lane located on the east side
of the Southern terminus of E. Goodview Drive,
running a distance of 1019.92 feet in a southerly
direction and running a distance of 117-57 feet in
a westerly direction. Said parcel is variable in
width from 30-38 feet to 20.11 feet and contains
26,615 square feet. Plats with more detailed
information are available in the Department of
Planning. KFMSPVILLE BOROUGH.
The following conditions are required:
1. Resubdivsion of the property to incorprorate the
closed area into the adjoining parcels.
2. Thompkins Lane will be realigned to a 50-foot
right-of-way with standard City improvements.
3. Close Thompkins Lane at the Newlight intersection,
retain the connection at Goodview Drive and the
connection to Westwood shall be deleted.
4. Closure of the right-of-way shall be contingent
upon compliance with the above stated conditions
within 180 days of the approval by City Council.
8
Item III-F.l.a
PUBLIC HEARING
PLANNING ITEM # 27296 (Continued)
Voting: 9-2
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, John D. Moss, Vice Mayor Meyera E. Oberndorf,
and Nancy K. Parker
Council Members Voting Nay:
Reba S. McClanan and John L. Perry
Council Members Absent:
None
8a-
CITY OF VIRGINIA BEACH, VIRGINIA
TO (ORDINANCE OF VACATION
SIGNET ENTERPRISES LTD.)
AN ORDINANCE VACATING AND DISCONTINUING
A PORTION OF THOMPKINS LANE, IN KEMPSVILLE BOROUGH,
IN THE CITY OF VIRGINIA BEACH, VIRGINIA
WHEREAS, proper tiotice of the intended application of the
applicant, Signet Enterprises Ltd., to be presented to the City
Council of the City of Virginia Beach, Virginia, on the - day
of 1987, for the vacation of the hereinafter described
public street in the City of Virginia Beach, Virginia, was on
the 8 th day of March 1987, and on the 15 th day
o f March 1987, duly published twice with six days elapsing
between the two publications in a newspaper published or having
general circulation in the City of Virginia Beach, Virgiiiia,
specifying the time and place of hearing at which affected persons
might appear and present their views, in conformity with the manner
prescribed by Code of Virginia, Section 15.1-364, for the institution
of proceedings for the vacation of a public street; and
WHEREAS. said application was made to the City Council of
the City of Virginia Beach, Virginia, on the 23rd day of March
1987, and in conformity with the manner prescribed by Code of
Virginia, Section 15.1-364, for the conduct of such proceedings, the
City Council of the City of Virginia Beach, Virginia, on the 23rd day
I
8b
mal
Robert Scott ,d David Grocb
O@al Lambert as
of March 1 1987 , appoiiited I
viewers to view such street and report iri writing whether in their
ol)itlioii any, and if any, what iiiconveiiience would result from
discontinuing the same, and said viewers have made such report to the
City Council of the City of Virginia Beach, Virginia; and
WHEREAS, from such report and other evidence, and after
iiotice to the laiid proprietors affected thereby, along tile street
proposed to be vacated, it is the judgment of the City Council of the
City of Virgiiiia Beacli, Virginia, ttiat these proceedings have been
instituted, conducted and concluded in the manner prescribed by Code
of Virginia, Section 15.1-364, that no iiicoiiveiiience would result
from vacating and discontinuing the portion of said street, and that
the portion of said street should be vacated and discolitinued;
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of
Virginia Beacii, Virgiiiia:
1. That the following portion of Thompkins Lane in the
Borough of Kempsville, in the City of Virgiiiia Beach, Virginia, be
and the same is hereby vacated and discontinued:
All that certain piece or parcel of land, situate,
lyinp,, and beinl in the City of Virginia Beach,
State of Virginia, beilig tilat part of Thompkins
Lane as shown oii exhibit attached liereto entitled
"Exiiibit Showing A Portioii of Thompkins Lane To Be
Closed for Signet Enterprises Lt(l.", made by
Engineering Services Inc., dated February 1987,
more particularly described as follows:
To establisli a poiiit of begiiiiiing begin with
northwest corner of Thompkins Lane (50'R/W);
8c
Having thus establislied tlle point of beginning
N 04052' 31" E. 20.11' to a point; thence
N 89004' 02" E, 117.57' to a point; thence
N 04035' 45" E, 998,58' to a point; N 850 34'
26" E, 30.381 to a point; tlience S 04 0 351 45"
W, 231.14' to a poilit; thence S 85 0 40- 15" W,
10.121 to a poiiit; therice S 04035' 45" W,
788.79' to a point; thence N 89004' 02" E,
15.07' to a poitit; theiice S 04035' 45" W,
15.07' to a poiiit; ttience S 89"004' 02" W,
102.661 to a point; thence N 04 54' 14" E,
15.06' to a point; tlience s 890041 21" W,
50.25' to the poii)t of beginiiing.
Said portion of Thompkiiis Lane to be closed is
located in the Kempsville Borough, Virgiiiia Beacii,
Virginia, containing 0.611 acres.
2. A certified copy of tliis ordinance of vacation shall be
recorded as deeds are recorded and indexed in the nanie of the City of
Virgiiiia Beacli, Virgiiiia, as gratitor, and ill the name of Signet
Enterprises Ltd., as grantee, in the Clerk's Office of the Circuit
Court of the City of Virgiiiia Beacli, Virgii)ia, at the expense of the
applicant.
Certified to be a true and exact copy of an ordinance
adopted by the City Council of the City of Virgiiiia Beach, Virgiiiia,
at its regular meeting held on the day of
1 9 8 7 .
TESTE: RUTH SMITH, CITY CLERK
By:
City Clerk
9
Item III-F.l.b
PUBLIC HEARING
PLANNING ITEM # 27297
Upon motion by Councilman Moss, seconded by Councilman Fentress, City Council
AIJ,OWED WITHDRAWAL of an Ordinance upon application of EXECUTIVE EUROPEAN
IMPORTS for a Conditional Use Permit.
ORDINANCE UPON APPLICATION OF EXECUTIVE EUROPEAN
IMPORTS FOR A CONDITIONAL USE PERMIT FOR AN
AUTOMOBILE REPAIR AND MOTOR VEHICLES SALES
Ordinance upon application of Executive European
Imports for a Conditional Use Permit for an
automobile repair and motor vehicle sales on
certain property located on the north side of
Bonney Road beginning at a point 305.62 feet east
of Lynn Shores Drive. Said parcel contains 27,180
square feet. Plats with more detailed information
are available in the Department of Planning.
KEMPSVILLE BOROUGH.
Voting: 10-0
Council Members Voting Aye:
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:
Albert W. Balko
- 10 -
Item III-F.l.c
PUBLIC HEARING
PLANNING ITEM # 27298
Attorney Charles M. Salle, 192 Ballard Court, Phone: 490-3000, represented the
applicant
Norman E. Ward, the applicant, also responded to City Council's inquiries
Upon motion by Councilman Moss, seconded by Vice Mayor Oberndorf, City Council
ADOPTED an Ordinance upon application of NORMAN E. & BARBARA B. WARD AND
PROFESSIONAL PRINTING GENTER, INC. for a Change of Zoning:
ORDINANCE UPON APPLICATION OF NORMAN E. & BARBARA
B. WARD AND PROFESSIONAL PRINTING GENTER, INC. FOR
A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM 0-1
TO B-2 Z05371151
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Norman E. & Barbara
B. Ward and Professional Printing Center,Inc., for
a Change of Zoning District Classification from 0-1
Office District to B-2 Community-Business District
on the north side of Rouse Drive, 350 feet more or
less east of Grayson Road. Said parcel is located
at 5032-5034 Rouse Drive and contains 20,211-84
square feet. Plats with more detailed information
are available in the Department of Planning.
KEMPSVILLE BOROUGH.
The following conditions shall be required:
1. A 10-foot right-of-way dedication is required to
provide for an ultimate 50-foot right-of-way and
dedication for one quarter of a 90-foot cul-de-sac
is required along Rouse Drive.
2. Recordation of a deed restriction limiting this
property to the following:
a. Those principal uses and stuctures permitted in
the 0-1 Office District is they are allowed in
the B-2 Community-Business District; and
b. Commercial printing business limited to the
structure located upon the property.
3. The landowner consents to the City rezoning of this
property to the appropriate category at such time
as the Comprehensive Zoning Ordinance is amended to
provide the proper zoning. The Landowner would
retain his right to use the property as a
commercial printing establishment. (This would
become part of the agreeement)
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Fourth
day of May, Nineteenth Hundred and Eighty-seven.
Item III-F.l.c.
PUBLIC HKARING
PL M ING ITEM 27298 (Continued)
Voting: 9-1
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 and Vice Mayor
Meyera E. Oberndorf
Council Members Voting Nay:
Nancy K. Parker
Council Members Abstaining:
John L. Perry
Council Members Absent:
None
*Councilman Perry ABSTAINED as he has an interest in adjoining property.
- 12 -
Item III-F.l.d.
PUBLIC HEARING
PLANNING ITEM # 27299
Larry Ray Bonney, the applicant, represented himself
Upon motion by Councilwoman McClanan, seconded by Councilman Heischober, City
Council ADOPTED an Ordinance upon application of LARRY RAY BONNEY for a
Condtional Use Permit.
ORDINANCE UPON APPLICATION OF LARRY RAY BONNEY FOR
A CONDITIONAL USE PERMIT FOR TWO (2) SINGLE FAMILY
DWELLINGS IN THE AG-1 AGRICULTURAL DISTRICT
R05871035
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Larry Ray Bonney for
a Conditional Use Permit for two (2) single family
dwellings in the AG-1 Agricultural District on
Parcels C-2 and C-3 located on the east side of
West Neck Road, 1590 feet more or less north of
West Landing Road. Said parcels contain 32-83
acres. Plats with more detailed information are
available in the Department of Planning. PRINCESS
ANNE BOROUGH.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Fourth
day of May, Nineteenth Hundred and Eighty-seven.
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 Mayor Meyera E.
Oberndorf, Nancy K. Parker and John L. Perry
Council Members Voting Nay:
None
Council Members Absent:
Robert E. Fentress
- 13 -
Item III-F.l.e.
PUBLIC HEARING
PLANNING ITEM # 27300
The following spoke in support of the application:
Attorney Grover Wright, represented the applicant, and advised there would be a
total of 1467 lots in the project resulting in a density of 2-47 units per
acre. This Reconsideration would allow 150 lots.
Eric Anderson, 5299 Greenwich Road, Phone: 499-5961, President of Lakeside
Construction Corporation, represented the applicant and displayed a site plan
depicting the top of the bank
John Grandfield, 1317 Warner Hall Drive, Phone: 427-0174, President of the
Red Mill Farm Civic Association, spoke in favor of the revised site plan.
Upon motion by Councilwoman McClanan, seconded by Councilman Baum City Council
APPROVED RECONSIDERATION of CONDITIONS of LAKESIDE CONSTRUCTION CORPORATION
(Conditional Use Permit APPROVED: June 9, 1980.) Applicant requests adjustment
to the top of the bank to construct homes around the lake.
NO. CC-007
ORDINANCE UPON APPLICATION OF LAKESIDE CONSTRUCTION
CORPORATION FOR A CONDITIONAL USE PERMIT FOR A
BORROW PIT R0680320
Application of Lakeside Construction Corporation of
the RECONSIDERATION of conditions placed on the
application for a Conditional Use Permit for a
borrow pit on June 9, 1980. Property is located
3328.97 feet east of Oceana Boulevard, 2150 feet
north of Painters Lane. More detailed information
is available in the Department of Planning.
PRINCESS ANNE BOROUGH.
The following condition shall be required:
1. The applicant has voluntarily agreed that no
building permits will be issued for any of the lots
in the area until that portion of Culver Lane
serving this area has been completed or another
public access acceptable to City Staff (Grantee).
2. The words "..or another public access acceptable to
City Staff (Grantee)." shall be added after the
words "..improvements are constructed on Culver
Lane from said property to General Booth
Boulevard... " in the third paragraph, page 3 of the
AGREEMENT between Lakeside Construction Corporation
and the City of Virginia Beach.
3. Lot Lines for individual property owners shall
extend to the center of the lake. Lakeside
Construction shall not retain ownership.
- 14 -
Item III-F.l.e.
PUBLIC HEARING
PLANNING ITEM # 27300 (Continued)
Voting: 8-3
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Mayor Robert G. Jones, Reba S.
McClanan, Nancy K. Parker and John L. Perry
Council Members Voting Nay:
Barbara M. Henley, John D. Moss, Vice Mayor Meyera E.
Oberndorf
Council Members Absent:
None
1 5
Item III-F.l.f
PUBLIC HEARING ITEM 27301
PLANNING
The City Clerk referenced a letter of March 31, 1987, from Attorney Moody E.
Stallings, Jr, requesting WITHDRAWAL of said application. (Said letter is
hereby made a part of the record.
Upon motion by Councilman Moss, seconded by Vice Mayor Oberndorf, City Council
ALLOWED WITHDRAWAL of an Ordinance upon application of MYUNG K. LEE for a
Change of Zoning.
ORDINANCE UPON APPLICATION OF MYUNG K. LEE FOR A
CHANGE OF ZONING DISTRICT CLASSIFICATION FROM B-2
TO B-3
Ordinance upon application of Myung K. Lee for a -
Change of Zoning District Classification from B-2
Community-Business District to B-3 Central-Business
District on certain property located on the east
side of South Boulevard, 110 feet north of South
Independence Boulevard. Said parcel contains
28,000 square feet. Plats with more detailed
information are available in the Department of
Planning. KEMPSVILLE BOROUGH.
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
- 16 -
Item III-G.l.
ORDINANCES ITF14 # 27302
Robert Loher, Director of Permits and Inspections, advised the Ordinance would
require all encroaching signs, awnings, marquees or line structures to be
removed wtihin six (6) months after ADOPTION.
The City Manager advised a Fiscal Impact Statement of said Ordinance for the
Five Fiscal Years ending June 30, 1987 through 1991 had been distributed to
City Council and is hereby made a part of the record.
Assistant City Attorney Bill Macali advised this Ordinance affects everyone
with a projecting sign, awning, marquee or similar structure unless that
particular person secures City Council APPROVAL they must remove same. It
does not depend upon the zoning district in which any particular
establishment is located.
Flo McDaniel, represented the Virginia Beach Hotel & Motel Association, and
spoke in support of the Sign Ordinance.
OPPOSITION:
Chester L. Rodeo, 206 16th Street, owner of Upper Deck Restaurant
Stephen Fox, 724 Middle Ground Boulevard, Newport News, Phone: 627-1344,
represented the Fox Group who operated "Lazy Shirts", "Shirt Shack" and "Sun
Bums" (5 Retail Stoes on Atlantic Avenue and in Lynnhaven Mall).
Erwin Hutchins, 1010 Barclay Square, Phone: 627-6200, represented American
Sign Company
Leigh P. Forbes, 2692 Dean Drive, Phone: 486-5515, owner of Forbes Candies,
believed to be one of the oldest existing businesses in the Beach.
Joseph Hawa, 1706 Atlantic Avenue, Phone: 428-1144, businessman on Atlantic
Avenue
Bill Miller, represented the Virginia Beach Restaurant Association, and spoke
of a possible compromise to amend the Ordinance by eliminating the six (6)
months and advising the owners must conform to said Ordinance upon change or
repair of said sign.
Upon motion by Councilman Fentress, seconded by Councilwoman Parker, City
Council ADOPTED, AS AMENDED*:
Ordinance to amend and reordain the Code of the
City of Virginia Beach, Virginia, by ADDING Section
33-114-1 pertaining to removal, etc., of certain
encroachments.
*On Page 2, paragraph 2, Section (d), line 6o, the words "six (6) months"
shall be replaced by the words "twelve (12) months" after the words "prior to
the expiration of.."
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
-16a -
2
3
4
5
6
7 AN ORDINANCE TO AMEND AND REORDAIN
8 THE CODE OF THE CITY OF VIRGINIA
9 BEACH, VIRGINIA, BY ADDING SECTION
10 33-114.1 PERTAINING TO REMOVAL,
11 ETC., OF CERTAIN ENCROACHMENTS.
12
13
14 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
15 VIRGINIA:
16 That Section 33-114.1 of the Code of the City of Virginia
17 Beach, Virginia, is hereby added and reads as follows:
18 Section 33-114.1. Removal, etc., of certain encroachments.
19 (a) It shall be unlawful for any person to erect or
20 maintain, or to cause or allow to be erected or maintained, any
21 sign, awning, marquee or other like structure which encroaches.
22 in whole or in part, in, upon or over any public street, without
23 first obtaining authorization for such encroachment pursuant to
24 the provisions of this Article. For purposes of this section,
25 the terms "person" and "street" shall be defined in accordance
26 with section 1-2 of this Code.
27 (b) Whenever the Director of Permits and Inspections
28 determines that there has been a violation of this section, he
29 shall give notice thereof to the owner or occupant of the
30 property to which the encroaching structure is affixed or
31 appended, stating the nature of the violation and ordering the
32 removal of the structure or the encroaching portion thereof
33 within a reasonable period of time specified therein. Such
34 notice shall be in writing and shall be served upon the owner or
35 his agent or the occupant, and shall be deemed to be properly
36 served upon such owner or agent or upon such occupant if served
37 upon him personally, sent by certified or registered mail to his
38 last known address or the address of the property to which the
39 encroaching structure is affixed or appended, posted in a
40 conspicuous place in or upon such property, or served by any
41 other method authorized by the laws of this State.
42 (c) Failure to comply with the terms of such notice within
43 the time specified therein shall be punishable as a Class 3
- 16b -
44 misdemeanor, and each day thereafter that the violation continues
45 shall constitute a separate offense. In addition to any fine
46 imposed hereunder, the director may, in the name of the
47 bring legal action to enjoin the continuing violation of this
48 section; may remove or contract for the removal of any such
49 encroachment, in which event the cost thereof shall be charged to
50 the owner or occupant of the property and collected as real
51 estate taxes are collected; and may, on behalf of the city,
52 pending the removal of any such encroachment or encroachin2
53 portion thereof, charge the owner compensation for the use of
54 such portion of the street at the equivalent of the tax upon the
55 land so occupied if it were property of the owner.
56 (d) Notwithstanding the provisions of this section, no
57 encroaching sign, awning, marquee or other like structure in
58 existence on the date this ordinance is adopted shall be required
59 to be removed or otherwise caused to ceased encroaching prior to
60 the expiration of twelve (12) months from the date of adoption of
61 this ordinance.
62
63 Adopted by the Council of the City of Virginia Beach,
64 Virginia, on the 4th day of May 1987.
65
66 WMM/lmt
67 11/28/86
68 05/04/87
69 CA-86-02069
70 (\ordin\proposed\33-114-l.pro)
2
- 17 -
Item III-G.2.
ORDINANCES ITEM # 27303
Upon motion by Councilman Fentress, seconded by Councilwoman Parker, City
Council ADOPTED:
Ordinance to repeal Sections 3-41, 3-42, 3-43, 3-
44, 3-45 and 3-46 of the Code of the City of
Virginia Beach, Virginia, pertaining to projected
signs.
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
- 17a -
2
3
4
5
6
7
8 AN ORDINANCE TO REPEAL SECTIONS 3-
9 41, 3-42, 3-43, 3-44, 3-45, AND 3-
10 46 OF THE CODE OF THE CITY OF
11 VIRGINIA BEACH, VIRGINIA,
12 PERTAINING TO PROJECTED SIGNS.
13
14
15 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
16 VIRGINIA BEACH, VIRGINIA:
17 That the following Sections of the Code of the City of
18 Virginia Beach, Virginia, be, and they hereby are, repealed:
19 Section 3-41. Violations of article.
20 Repealed.
21 Section 3-42. Permit for construction--Required.
22 Repealed.
23 Section 3-43. Same--Application.
24 Repealed.
25 section 3-44. Same--Grant or refusal.
26 Repealed.
27 Section 3-45. Annual inspections and permits.
28 Repealed.
29 Section 3-46. Removal.
30 Repealed.
31
32 Adopted by the Council of the City of Virginia Beach,
33 Virginia, on the 4th day of May 1987.
34
35 WMM/lmt
36 11/28/86
37 CA-86-02066
38 (\ordin\proposed\03-04letc.pro)
APPROVED AS TO CONTENT.
'ICNAI@IRE
o@llqEy
- 18 -
Item III-G-3-
ORDINANCES ITEM # 27304
Lance C. Large, 630 North Witchduck Road, Phone: 499-7351), represented Koger
Properties, Inc. , spoke in support of the application and advised this
encroachment will allow a paved parking lot to serve a proposed office
building. This lot will be used for overflow parking only and will be composed
of approximately 61 parking spaces to be used in conjunction with the
additional parking that is being constructed. With the right-of-way, the
applicant will have 382 parking spaces.
Upon motion by Councilman Heischober, seconded by Vice Mayor Oberndorf, City
Council ADOPTED:
Ordinance to authorize a temporary encroachment
into a portion of the right-of-way of Cleveland
Street to Koger Properties, Inc., their assigns and
successors in title.
Three Changes have been made to the standard agreement format:
1. On page 3, instead of thirty (30) days' notice,
ninety (90) days has been substituted.
2. On page 4, the phrase "if required" has been added
to the last line.
3. On page 5, second paragraph, second line, the word
tlwritten" has been added.
The followng conditions shall be required:
1. The owner agrees to remove the encroachment when
notified by the City of Virginia Beach, at no
expense to the City.
2. The owner agrees to keep and hold the City free and
harmless of any liability as a result of the
enroachment.
3. The owner agrees to maintain said encroachment so
as not to become unsightly or a hazard.
4. The owner must submit, and have approved, a traffic
control plan before commencing work within the
City's right-of-way.
5. Prior to any construction within the existing
public right-of-way, the owner or his agent shall
obtain a permit from the Highway Inspections
Bureau.
6. Prior to issuance of a Highway permit, the owner or
his agent must post a Performance Bond, if
required, and show proof of public liability
(minimum $300,000.00)
- 19 -
Item III-G-3
ORDINANCE ITEM # 27304 (Continued)
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
- 19a -
1 Requested by Department of Public Works
2
3 AN ORDINANCE TO AUTHORIZE
4 A TEMPORARY ENCROACHMENT
5 INTO A PORTION OF THE
6 RIGHT-OF-WAY OF CLEVELAND
7 STREET TO KOGER
8 PROPERTIES, INC., THEIR
9 ASSIGNS AND SUCCESSORS IN
10 TITLE
11
12 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
13 BEACH, VIRGINIA:
14 That pursuant to the authority and to the extent
15 thereof contained in Section 15.1-893, Code of Virginia, 1950, as
16 amended, Koger Properties, Inc., their assigns and successors in
17 title are authorized to construct and maintain a temporary
18 encroachment into the right-of-way of Cleveland Street.
19 That the temporary encroachment herein authorized is
20 for the purpose of constructing and maintaining a paved parking
21 lot to serve a proposed office building and that said
22 encroachment shall be constructed and maintained in accordance
23 with the City of Virginia Beach Public Works Department's
24 specifications as to size, alignment and location, and further
25 that such temporary encroachment is more particularly described
26 as follows:
27
28 Beginning at the southerly corner of the
29 easterly terminus of Cleveland Street
30 (661 R/W) as shown on a plat of "Subdivision
31 of the Koger Center" as recorded in Deed Book
32 2608, pages 679 and 680, of the public
33 records of Virginia Beach, Virginia, said
34 point being on the northerly right-of-way
35 line of Norfolk-Virginia Beach Toll Road
36 (Route #44) (variable R/W) and also being the
37 southeast corner of property of Koger
38 Properties, Inc. as described in a deed
39 recorded in Deed Book 2345, page 1044, of
40 said public records; thence along the
41 southerly right-of-way line of Cleveland
42 Street and the northerly right-of-way line of
43 Norfolk-Virginia Beach Toll Road (Route #44)
44 North 75@33'5911 West 61.42 feet to a point,
45 said point being the most easterly corner of
46 Parcel D of said subdivision; thence along
47 the southwesterly right-of-way line of
48 Cleveland Street and the northeasterly
49 boundary of said Parcel D the following four
50 (4) courses and distances: 1) with a curve
51 to the right, having a radius of 350.00 feet,
52 a central angle of 23*3815911, and a chord
- 19b -
53 which bears North 63,4413011 west 143.44 feet.
54 an arc distance of 144.47 feet; 2) North
55 51,55;001' West 50.96; 3) with a curve to the
56 right, having a radius of 409.69 feet, a
57 central angle of 28,56;1611, and a chord which
58 bears North 37*2615211 West 204.73 feet, an
59 arc distance of 206.92 feet; and 4) with a
60 curve to the left, having a radius of 300.00
61 feet, a central angle of 01@47'5211, and a
62 chord which bears North 23*52'40" West 9.41
63 feet, an arc distance of 9.41 feet to a
64 point; thence with a curve to the left,
65 having a radius of 50.00 feet, a central
66 angle of 82@45'3911, and a chord which bears
67 North 61@38'50" East 66.11 feet, an arc
68 distance of 72.22 feet to a point on the
69 northeasterly right-of-way line of Cleveland
70 Street and the southeasterly boundary of
71 Parcel C of said subdivision; thence along
72 the northeasterly right-of-way line of
73 Cleveland Street and the northwesterly
74 boundary of said Parcel C the following five
75 (5) courses and distances: 1) with a curve
76 to the right, having a radius of 366.00 feet,
77 a central angle of 0212613611, and a chord
78 which bears South 24,1210211 East 15.61 feet,
79 an arc distance of 15.61 feet; 2) with a
80 curve to the left, having a radius of 343.69
81 feet, a central angle of 28*56'16, and a
82 chord which bears South 37@26"52 East 171.74
83 feet, an arc distance of 173.58 feet; 3)
84 South 51*5510011 East 50.96 feet; 4) with a
85 curve to the left, having a radius of 284.00
86 feet, and a central angle of 23*3815911, and a
87 chord which bears South 6314413011 East 116.39
88 feet, an arc distance 117.23 feet; and
89 5) South 7513315911 East 51.42 feet to
90 northerly corner of the easterly terminus of
91 Cleveland Street; said point being the most
92 southeasterly corner of said Parcel C; thence
93 along the easterly terminus of Cleveland
94 Street, South 0514910011 West 66.75 feet to
95 the Point of Beginning.
96
97 An area of encroachment into a portion of the
98 city's right-of-way known as Cleveland
99 Street, on the certain plat entitled:
100 "DRAWING SHOWING ENCROACHMENT OF CLEVELAND
101 STREET RIGHT OF WAY FOR OVERFLOW PARKING," a
102 copy of which is on file in the Department of
103 Public Works and to which reference is made
104 for a more particular description.
10 5
10 6
107 PROVIDED, HOWEVER, that the temporary encroachment
108 herein authorized shall terminate upon notice by the City of
109 Virginia Beach to Koger Properties, Inc., their assigns and
110 successors in title and that within ninety (90) days after such
111 notice is given, said encroachment shall be removed from the
112 City's right-of-way of Cleveland Street and that Koger
113 Properties, Inc., their assigns and successors in title shall
114 bear all costs and expenses of such removal.
2
- 19C -
115 AND, PROVIDED FURTHER, that it is expressly understood
116 and agreed that Koger Properties, Inc., their assigns and
117 successors in title shall indemnify and hold harmless the City of
118 Virginia Beach, its agents and employees from and against all
119 claims, damages, losses and expenses including reasonable
120 attorney's fees in case it shall be necessary to file or defend
121 an action arising out of the location or existence of such
122 encroachment.
123 AND, PROVIDED FURTHER, that this ordinance shall not be
124 in effect until such time that Koger Properties, Inc. executes an
125 agreement with the City of Virginia Beach encompassing the
126 afore-mentioned provisions.
127 Adopted by the Council of the City of Virginia Beach,
128 Virginia, on the 4th day of May 19 87
129
130
131
13 2
13 3 APPIROVED AS TO CONTENT
134
13 5 SIGNATU.ZE
136
1 37 DEPARTMENT
13 8 @IED ff TOIF
139 oam
140
141 r--Cl'iY FO',N@Y
142
143
144
145 JAS/ih
146 12/26/86
147 01/15/87
148 03/11/87
149 04/07/87
150 CA-86-02089
151 (encroach\koger.ord)
3
Ile
KOGER PROPERNES, INC.
0. S. 2345, P 1044
s lod
R - 300. O'
A - 9.41
KOGER PROPERTIES, INC.
i).S. 2345, P 1044
VIRGINIA BEACH TOLL ROAD
(VARLAi3LE RIW)
CURVE DATA
DELTA BEARING D@ANCE
I 23'38'la' N 63'44'30'W 143.44'
2 28*56'16" N 37026'52'W 204.73-
3 01'47'52" N 23*52'40'W 9.41'
4 82*45'39' N 610 -38'50'E 66. ti'
5 02'26'36' S 24'12'02'E 15.61'
6 28*56'16" S 370 26'@'E 171.74'
7 23'3a'!d' S 63* 44'3d'E 116.39-
KOGER PROPERTIES, INC. DRAWING SHOWING
3986 BOULEVARD CENTER [)R. ENCROACHMENT OF
CLEVELAND STREET
LOC
THIS AGREEMENT, made this day of IqAeCt-I
@9 e7 , by and between the CTTY OF VIRGINIA BEACH, VIRGINIA, a
i
@unicipal corporation, party of the first part, and KOGER
@RC)PERTIES, INC., THEIR ASSIGNS, AND SUCCESSORS IN TITLE, party
i
@f the second part.
W I T N E S S E T H:
That, WHEREAS, it is proposed by the party of the
econd part to construct and maintain a paved parking lot to
@erve a proposed office building in the City of Virginia Beach;
WHEREAS, in constructing and maintaining such paved
arking lot, it is necessary that the said party of the second
art encroach into a portion of an existing City right-of-way
nown as Cleveland Street; and said party of the second part has
equested that the party of the first part grant a temporary
@ncroachment to facilitate such paved parking lot within a
@ortion of the City's right-of-way known as Cleveland Street.
NOW, THEREFORE, for and in consideration of the
remises and of the benefits accruing or to accrue to the party
@f the second part and for the further consideration of one
@ollar ($1.00), in hand paid, to the said party of the first
art, receipt of which is hereby acknowledged, the party of the
irst part doth grant to the party of the second part a
@emporary encroachment to use a portion of the City's right-of-
I
@ay known as Cleveland Street for the purpose of constructing
ind maintaining such paved parking lot.
it is expressly undei@stood and agreed that such
l@temporary encroachment will be constructed and maintained in
l@accordance with the laws of the Commonwealth of Virginia and the
I
licity of Virginia beach, and in accordance with the City of
1 !
';,'Virginia Beach Public @qorks Department's specifications and
japproval as to size, alignrent and location and is more
I
iparticularly described as follows, to wit:
Beginning at the southerly corner of the
easterly terminus of Cleveland Street
(661 R/W) as shown on a plat of "Subdivision
of the Koger Center" as recorded in Deed
Book 2608, pages 679 and 680 of the public
records of Virginia Beach, Virginia, said
point being on the northerly right-of-way
line of Norfolk-Virginia Beach Toll Road
(Route 44) (variable R/W) and also being the
southeast corner of property of Koger
Properties, Inc. as described in a deed
reccrded in Deed Book 2345, page 1044, of
said public records; thence along the
southerly right-of-way line of Cleveland
Street and the northerly right-of-way line
of Norfolk-Virginia Beach Toll Road (Route
44) North 75133'591' West 61.42 feet to a
point, said point being the most easterly
corner of Parcel D of said subdivision;
thence along the southwesterly right-of-way
line of Cleveland Street and the
northeasterly boundary of said Parcel D the
following four (4) courses and distances:
1) with a curve to the right, having a
radius of 350.00 feet, a central angle of
2313815911, and a chord which bears North
6314413011 West 143.44 feet. an arc distance
of 144.47 feet; 2) North 51155;001' West
50.96; 3) with a curve to the right, having
a radius of 409.69 feet, a central angle of
28@56;1611, and a chord which bears North
3712615211 West 204.73 feet, an arc distance
of 206.92 feet; and 4) with a curve to the
left, having a radius of 300.00 feet, a
central angle of 0114715211, and a chord
which bears North 2315214011 West 9.41 feet,
an arc distance of 9.41 feet to a point;
thence with a curve to the left, having a
radius of 50.00 feet, a central angle of
2
82-45'39", and a chord which bears North
61,3815011 East 66.11 feet, an arc distance
of 72.22 feet to a point on the
northeasterly right-of-way line of Cleveland
Street and the southeasterly boundary of
Parcel C of said subdivision; thence along
the northeasterly right-of-way line of
Cleveland Street and the northwesterly
boundary of said Parcel C the following five
(5) courses and distances: 1) with a curve
to the right, having a radius of 366.00
feet, a central angle of 02*26'36", and a
chord which bears South 2411210211 East 15.61
feet, an arc distance of 15.61 feet; 2) with
a curve to the left, having a radius of
343.69 feet, a central angle of 28156116,
and a chord which bears South 371261152 East
171.74 feet, an arc distance of 173.58 feet;
3) South 5115510011 East 50.96 feet; 4) with
a curve to the left, having a radius of
284.00 feet, and a central angle of
2313815911, and a chord which bears South
63*44'3011 East 116.39 feet, an arc distance
117.23 feet; and 5) South 7513315911 East
51.42 feet to northerly corner of the
easterly terminus of Cleveland Street; said
point being the most southeasterly corner of
said Parcel C; thence along the easterly
terminus of Cleveland Street, South
05@49'00" West 66.75 feet to the Point of
Beginning.
An area of encroachment into a portion of
the City's right-of-way known as Cleveland
Street as shown on that certain plat
entitled: "DRAWING SHOWING ENCROACHMENT OF
CLEVELAND STREET RIGHT OF WAY FOR OVERFLOW
PARKING,", a copy of which is attached
hereto and to which reference is made for a
more particular description.
It is further expressly understood and agreed that the
".emporary encroachment herein authorized shall terminate upon
otice by the City of Virginia Beach to the party of the second
art, and that within ninety (90) days after such notice is
iven, such temporary encroachment shall be removed from the
kity's right-of-way known as Cleveland Street by the party of
3
the second part; and that the party of the second part shall
bear all costs and expenses of such removal.
I
It is further expressly understood and agreed that the
@arty of the second part shall indemnify and hold harmless the
i @
rity of Virginia Beach, its agents and employees, from and
!against all claims, damages, losses and expenses including
easonable attorney's fees in case it shall be necessary to file
r defend an action arising out of the location or existence of
ch temporary encroachment.
It is further expressly understood and agreed that
othing herein contained shall be construed to enlarge such
ermission and authority to permit the maintenance or
onstruction of any encroachment other than that specified
erein and to the limited extent specified herein, nor to permit
he maintenance and construction of any encroachment by anyone
her than the party of the second part.
It is further expressly understood and agreed that the
arty of the second part must submit and have approved a traffic
ontrol plan before commencing work in the City's right-of-way.
It is further expressly understood and agreed that the
[arty of the second part must obtain a permit from the Highway
ons Bureau prior to commencing any construction within
he City's right-of-way.
It is further expressly understood and agreed that
@rior to issuance of a Highway permit, the party of the second
art must post a Performance Bond, if required, and show proof
4
@f public liability insurance of a mirimum of Three Hundred
Thousand Dollars ($300,000.00).
it is further expressly understood and agreed that the
arty of the first part, upon giving written notice of its
revocation of such authority and permission so granted, may
@emove any such encroachment and charge the cost thereof to the
.:)arty of the second part, and collect the cost in any manner
,rovided by law for the collection of local or state taxes; may
equire the party of the second part to remove such temporary
Bncroachment; and pending such removal, the party of the first
art may charge the party of the second part compensation for
e use of such portion of the City's right-of-way encroached
pon the equivalent of what would be the real property tax upon
he land so occupied if it were owned by the party of the second
art; and if such removal shall not be made within the time
?rdered hereinabove by this Agreement, the City shall impose a
i
Elenalty in the sum of one Hundred Dollars ($100.00) per day for
@ach and every day that such encroachment is allowed to continue
@hereafter, and shall collect such compensation and penalties in
ny manner provided by law for the collection of local or state
axes.
CITY OF VIRGINIA BEACH
By
City Manager
SEAL)
TEST:
City Clerk
Y@ PM)PFRTIES, INC.
@.C. T6agl6, Vice President
9TATF OF VIRGINIA
cITY OF VIRGINIA BEACH, to-wit:
a Notary
ublic in and for the City and State aforesaid, do hereby
r6,@@ertify that THOMAS H. MUEHLENBECK, City Manager for the CITY OF
IRGINIA BEACH, whose name is signed to the foregoing Agreement
earing date on the day of 1 19 , has
cknowledged the same before me in my City and State aforesaid.
GIVEN under my hand this day of
9
Notary Public
y Commission Expires:
TATE OF VIR INIA
@ITY OF VIRGINIA BEACH, to-wit:
I, a Notary Public
and for the City and State aforesaid, do hereby certify that
UTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH,
o7 ose name I cre
.T ay of 19 _, has acknowledged the
ame before me in my City and State aforesaid.
GIVEN under my hand this day of
Notary Public
My commission Expires:
6
E OF FLORIDA
OF JACKSONVILLF to-wit:
Ann O'Keefe a Notary Public
nd for the City and state aforesaid, do hereby certify that
, Koger Properties, Inc.,
.C. Teagle, Vice President, /whose name is signed to the
oregoing Agreement has acknowledged the same before me in my
ity and State aforesaid.
GIVEN under my hand this 31st day of MaLrch
87
9
14btary Public J/
@y commission Expires:
NCIII,@@Y l'UBLIC, SIATE OF FLORIDA
@ly Ccm@ision E,,pi,es fLb. 18, 1989
Banded th@4 Uberty. Mutual
APPROVED AS TO CONTENTS
DEPARTMENT
APPROVED AS TO LEGAL
rAS/ih SUFFICIENCY AND FCRM
2/22/86
1/15/87
3/11/87 CITYATTORNEY
@A-86-02089
encroach\koger.agr)
7
KOGER PROPERTIES, INC.
D. 8 2345, P 1044
$cAL.E. lod
R-@
A
KOGER PROPERTIES, INC.
D.S. 2345, P. 1044
0.9.
VIRG- INIA E3EACH TOLL ROAD
(vARL4k3LE RIW)
CURVE DATA
,e DELTA BEARING DISTANCE
1 23'36'54' IY 63'44'30'W 143.44'
2 28'56'16' IY 37'26'52'W 204,73'
3 Oi'47'52" N 2-2'52'40"W 9.4 @'
4 82'45'39' 'N 61' 38'50"E 66. II'
5 Ce 26'3e' S 24'12'02-E 15.61
6 28'56'16" S 37'26'5V'E 171.74'
7 23'38'5S(' S 63'44'30"E 116.39'
KOGER PROPERTIES, INC. DRAWING SHOWING
3986 BOULEVARD CENTER DR. ENCROACHMENT OF
CLEVELAND @EET
JACKSONVILLE, FL 32207 RIGHT OF WAY FOR
- 20 -
Item I -H.1 7.
APPOINTMENTS ITEM # 27305
BY CONSENSUS, City Council RESCHEDULFD the following APPOINTMENTS:
ARTS & HU M ITIES COMMISSION
EASTERN VIRGINIA MEDICAL AUTHORITY
FACT FIND COMMITTEE - OCEAN LAKES
MOSQUITO CONTROL COMMISSION
SOCIAL SERVICES BOARD
SOUTHFASTERN VIRGINIA PLANNING DISTRICT COMMISSION
TIDEWATER COMMUNITY COLLEGE BOARD
- 21 -
Item III-J.1
NEW BUSINESS
ADD-ON ITEM # 27305
Louis Cullipher, Director of the Department of Agriculture, presented
informationn relative SOIL SURVEY OF THE CITY OF VIRIGNIA BEACH, VIRGINIA. Said
document was distribued to City Council and is hereby made a part of the
record. This editon replaces the SOIL SURVEY documented in 1945 on a much
smaller scale. Same illustrates the various soils in Virginia Beach, their
location and their suitabilities and limitations for the various uses i.e,
crops, burrow pits, sanitary land fills, engineering data, et cetera.
Louis Culliper presented a slide display exemplifying the SOIL SURVEY. Soil is
a segment of the landscape with length, width and depth. Soil Surveys are
conducted by a soil scientist essentially walking over the landscape acre-by-
acre observing the various landscape features and taking soil borings for an
average of one boring per acre to a depth of about 72 inches with crops and
native vegetation examined. The various delineations are made on an aerial
photograph.
The SOIL SURVEY consists of three basic parts:
(1) SOIL MAP
(2) NARRATIVE SECTION
(3) INTERPRETATIVE TABLES
Virginia Beach has forty-four (44) different kinds of soil. The Sandbridge area
consists of very young soils. As the distance from the natural drainage
increases, heavy textured and poorly drained soils result. An example of the
aforementioned would be the GREEN RUN area.
Acredale Soil is poorly drained and the seasonal high water table is
approximately one-foot from the surface. Acredale Soil comprises 18% (36,000
acres) of the City, thus Virginia Beach does have drainage problems. Acredale
Soil is well suited with drainage for typical crops such as corn, wheat, soy
beans and eastern potatoes.
The Pungo Ridge consists of 2900 acres ideally suited for many crops, i.e.,
strawberries. Erosion does result, however, as there is a slope on Pungo Ridge.
This can be minimized by conservation tillage.
Louis Cullipher advised relative borrow pits the slopes are almost vertical. As
long as the pump is working, the water stays low, but once the pump is removed,
the water table rises at least 6 feet and the banks are unstable. These will
most probably cause problems in the future.
The Beaches are the most valuable real estate and comprise 645 acres.
There are 20,000 acres of swamp essential from an environmental standpoint.
Swamps are a good buffer between mixed land useage.
Trees are soil dependent. In Acredale, the average tree can grow about 97
feet. In Pungo Ridge, the tree would only grow approximately 70 feet.
There are two kinds of marsh: fresh water, brackish marsh in Back Bay and in
the Northern part with the salt water, a marsh called Rappahannock.
There are areas in the southern part of the City extremely low in elevation,
subject to wind tides. These areas are less than 3-foot elevation. These areas
are perhaps more suited to developing the wildlife habitat.
- 22 -
Item III-J.1.
NEW BUSINESS
ADD-ON ITEM # 27305 (Continued)
There are only about 60,000 hogs now which generate a lot of waste which must
be applied to the land. The waste is recycled through the soil plant system.
Corn can assimilate approximately 180 pounds of nitrogen, so this amount must
only be used.
Municipal sludge is an organic waste and a resource that should be used.
The rate of fertilizer and the time of fertilizer application is soil
dependent.
Many herbicides are soil dependent. Fourteen (14) Soils out of Forty-four (44)
that qualify for prime farm land, assuming adequate drainage is maintained.
ApproximatelY 50 - 60,000 acres are classified as Urban.
The SOIL SURVEY contains information that can be used in land planning programs
in the City of Virginia Beach.
- 23 -
Item III-J.2.
NEW BUSINFSS
ADD-ON ITEM # 27306
Jack Whitney, Chief of Comprehensive Planning, advised the Planning Commission
is investigating a number of items associated with the Comprehensive Zoning
Ordinance. One of the major items entails the publication entitled: A REPORT
WITH RECOMMENDATIONS ON THE ESTABLISHMENT OF A BACK BAY/NORTH LANDING RIVER
MANAGEMENT DISTRICT. (Draft dated January, 1987).
In May, the Planning Commission will commence assimilating the various public
coomments and undoubtedly make amendments to said document.
The document contains five (5) elements:
(1) Creates a Back Bay/North Landing River
Management District
(2) Proposes a creation of a Back Bay/North Landing
River kdvisory Committee.
(3) Sets forth a Storm Water Mangement Ordinance
(4) Contains a minor adjustment to the boundaries
of the existing Flood Plain Ordinance
(5) Approximately one-half of this document is a
compendium of BEST MANAGEMENT PRACTICES.
The adjustment to the Flood Plain simply moves the Flood Plains for special
restictions' northern boundary from its present location at Dam Neck Road to
Birdneck Road. Same includes the drainage basin at Red Wing Lake. The City
Engineer's Office has received a report on how same should be managed.
The area comprising the BACK BAY/NORTH LANDING RIVER MANGEMENT DISTRICT would
encompass approximately two-thirds of the City (200 square miles) and includes
all of the Boroughs of Pungo and Blackwater, portions of the Kempsville and
Princess Anne Boroughs.
The BACK BAY/NORTH LANDING RIVER MANAGEMENT DISTRICT is to be established for
the general purpose of protecting life and property; reducing public
expenditures for public safety and emergency management services; minimizing
urban infrastructure installation and maintenance costs; maintaining the unique
environmental, recreational, educational, cultural and economic values of the
Back Bay and North Landing River watersheds; and maintaining the diversity and
abundance of wildlife, fisheries, floodplains, wetlands, woodlands,
agricultural uses and productivity and rural characteristics of the Back Bay
and North Landing River Watershed.
This document is neither a LAND USE PLAN, an AGRICNTURAL PLAN nor a ZONING
ORDINANCE.
This document recommends the ADOPTION of a STORM WATER MANAGEMENT ORDINANCE.
The objective, of which, is to reduce the increases in volume and velocity of
Storm Water runoff as land transitions.
Councilwoman Henley advsied there were twenty-three (23) speakers at the two
PUBLIC HEARINGS relative the COMPREHENSIVE ZONING ORDINANCE, eight (8) of whom
spoke concerning the BACK BAY MANAGEMENT PLAN.
- 24 -
Item III-J.2
NEW BUSINESS
ADD-ON ITEM # 27306 (Continued)
The TIDEWATER BUILDERS ASSOCIATION prepared a rather thorough comment on the
document. Their primary concern being the affordability issue and the
recommendation to have the smallest lot size be 6,500 square feet, rather than
5,000. (Copy of same is hereby made a part of the record).
Councilman Baum advised within the document, it appeared the City Engineer
would take over Storm Water Management. This is being CORRECTED. Councilman
Baum assumed there would be a policy statement giving this authority and the
BEST MANAGEMENT PRACTICES to the Agricultural Department.
Jack Whitney advised a WORKSHOP is SCHEDULED for MaY 5, 1987, with the Planning
Commission and a final PUBLIC HFARING on May 26, 1987.
- 25 -
Item III-J-3
NEW BUSINESS
ADD-ON ITEM # 27307
Upon motion by Councilman Fentress, seconded by Vice Mayor Oberndorf, City
Council shall RECONSIDER:
Ordinance to AMEND and REORDAIN Section 944.1 of
the Comprehensive Zoning Ordinance of the City of
Virginia Beach, Virginia, pertaining to sign
regulations in the B-5 Resort-Commercial District.
This Ordinance was ADOPTED by City Council on April 20, 1987. Councilman
Fentress wished this Ordinance be placed on the City Council Agenda in
conjunction with the Ordinance pertaining to sign regulations in the B-4
Resort-Commercial District.
Section (d) relative graphic or pictorial presentations was inserted at the
City Council Meeting. The Opposition was unaware of same and did not have the
opportunity to address same.
(d) Signs containing or consisting of graphic or
pictorial representations shall be permitted;
provided, however that the combined surface area
occupied @y such graphic or pictorial
representations shall not be more than twenty
percent (20%) of the total sign allotment of an
establishment r f.,Ir (4) square feet, whichever is
less.
Voting: 10-1
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, Vice Mayor Meyera E.
Oberndorf, Nancy K. Parker and John L. Perry
Council Members Voting Nay:
John D. Moss
Council Members Absent:
None
"Verbal Aye
- 26 -
Item III-K.l.
RECESS INTO MCUTIVE ITEM # 27308
SESSION
In accordance with Section 2.1-344, Code of Virginia as amended, and upon
motion by Councilman Moss, seconded by Councilwoman Parker, City Council
RECESSED into EXECUTIVE SESSION for discussion of Personnel Matters, Publicly
Held Property, Public Funds Investment and Legal Matters, after which to
adjourn (6:48 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.
2. PUBLICLY HELD PROPERTY: Discussion or consideration of the condition,
acquisition or use of real property for public purpose, or of the
disposition of publicly held property, or of plans for the future of an
institution which could affect the value of property owned or desirable
for ownership by such institution.
3. PUBLIC FUNDS INVESTMENT: The investigating of public funds where
competition or bargaining is involved where if made public initially the
financial interst of the governmental unit would be adversely affected .
4. 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. Specific items of business on the City Council Agenda that were
discussed in Executive Session: III-G.1 and 2.
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
- 27 -
Item ITI-L.1
ADJOURNMENT ITEM # 27083
Upon motion by Councilman Baum and BY ACCLAMATION, City Council ADJOURNED the
Meeting at 8:00 P.M.
Beverl,r 0. Hooks
Chief Deputy City Clerk
@uth Hodge@ Smith, CMC
City Clerk
City of Virginia Beach
Virginia