JUNE 1, 1987 MINUTES
"VYORLD'S LARGEST RESORT CITY"
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281 CITY HALL BUILDING
MUNICIPAL CENTER
VIRGINIA BEACH, VIRGINIA 23456-YM
@U- H- C- [8041 427-403
VIRGINIA BEACH CITY COUNCIL
AGENDA
JUNE 11 1987
ITIM I. BRIEFING - Cmference Rom - 10:00 AM
A. HISTORICAL REVIEiq BOARD
Design Guidel@s for Historlcal Cultural Districts
ITEM II. (XXWIL CONFERENM SESSICt4 Conference Rocrn - 12:00 NOON
A. CIIIY COUNCIL
ITEM III. INFO@ SESSICN
A. CALL TO ORDER - Mayor lbbert G. Jones
B. ROLL @ OF C@IL
C. MWION TO RB= INTO EXECLYRIVE SESSION
I@ IV. FO@ SESSION Cbuncil ers - 2:00 Pm
A. INVOCATIC)N: Peverend Joseph A. @len
@w Cc)venant Presbyterian Churcb
B. @ CP ALLEG TO THE ETAG CF THE UNITED STATES ()F AMERICA
C. ELBcTRc)NIC ROLL @ oF city couw-IL
D. ADOPRION OF ITEMS FOR INIE Fo@ AGENDA
E. TICN:
1. ION IN TION
Valinda SLie Carroll
F. MINUTES
1. INFO@ & FO@ SESSIONS - May 18, 1987
G. PUBLIC HEARIM
1. PIANNIM
a. Applications of old DDmtion Farm Partnership on property
located on the southeastern terminus of Penbroke Boulevard
(Bayside Borough):
For a variance to Section 4.1(b) (1) of the @ivision
ordi.nance;
Ebr a variance to Section 4.4(b) of the @ivision ordinance,-
Fbr a variance to Section 5.2 of the @ivision Crdinance,-
Ebr a CDnditional Use Perrnit for open space prcmotion;
AND,
For a Cb@tional Use Permit for non- cial marina (dock).
D May 18, 1987
Reccmnendation: APP@
b. Application of ty United Methodist Church for
a Cbnditional Use Pemit for a church on the northeast side of
Priricess Ame rDad begiming at a point 5,000 feet more or less
riorthuest of Nc)rth Landing lbad, containing 7.02 acres
(Pri@ess Anne Borough).
DEFERRED May 11, 1987
Re@ndation: DENIAL
c. Application of Lester 0. and Muriel A. Wood for a variance to
Section 4.4(b) of the Subdivision Ordinance, which requires
that all lots confom to the @prehensive Zoning ordinance at
1404 Carolyn Drive (Lyr)nhaven Borough).
Reccnynendation: APP@
d. Application of Michael Paul Brickbichier fc)r a ODnditional Use
Perrnit for a @ll e ine repair establis@t service and
repair of lawn niowers-3)2 on the @st side of North Great Neck
lbad, 240 feet more or less north of Nc)rth La@ide Drive (1357
Uxth Great Neck @ad), containing 32,234 square feet,
(Lynnhaven Borough).
Re@ndation: AP
e. Application of First Hospital Develcpaent Corporaticn for a
Cbnditional Use PenTLit for a hospital at the north@st corner
of First Colonial lbad and Old Doriation Parkway, (1100 First
(blonial Poad), containing 3.33 acres (Lynnhaven Borough)
Re@ndation: APPROVAL
f. Applications of E. S. G. En@ises for a Chanqe of Zoning
@st of Holland lbad, south of North Landstown lb;i-, (Princess
Anne Borough):
FrarL AG-1 Agricultural District to R-8 Residential District,
containing 31 acres.
AND,
Frcm AG-2 Agricultural District to R@ Residential District,
cx:>ntaining 6.52 acres.
Bec@ndation: APP
g. Applications of David 1. and Gale M. Levine for Changes of
Zoning, (Lynnhaven Borough).
Fran A-1 Apartrnent District to A-4 Apartuent District, on the
following parcels, containing 22.002 acres,-
Parcel 1: 1000 feet mare or less south of Shore Drive
beginning at a pc)int 1000 feet more or less east of Nc)rtli Great
Neck lbad,
Parcel 2: 1625 feet raore or less south of @re Drive
beginning at a point 1000 feet more or less east of @rth Great
Ne-ck lbad,
AND,
Fran A-1 Apartrnent District to B-2 @it -Business D@rict
3 acre
on the following parcels, contai-ning 11.75 @s
Parcel 1: 1075 feet mcre or less south of @ore Drive
b@ning at a pc)int 400 feet east of North Great Neck FDad.
Parcel 2: 1600 feet @e or less south of Shcre Drive
beginning at a point 410 feet east of @rth Great @k Ibad.
Parcel 3: 2375 feet mare or less south of Shore Drive
begi.nning at a pc)int 1000 feet more or less east of tbrth Great
Neck lbad.
Parcel 4: 2600 feet mre or less south of Ehore Drive
beginni.ng at a point 1950 feet more or less east of @rth Great
Neck PDad.
AND,
Frcm B-2 @@Business District to A-4 Apartaent District
475 feet more or less south of alore Drive beginning at a pc)int
950 feetincre or less east of North Great Neck lbad, OC)ntain@
8.329 acres.
AND
Etcm R-6 Residential District to B-2 @ity-Business
District 2600 feet more or less south of Shore Drive, beginning
at a point 2300 feet more or less east of North Great @k
PDad, containing 1.228 acres,
Raccmwridation: APPRDVAL
h. ordinance for the disr-ontinuance, closure and aband@t of a
,@tion of Marshview Drive in the petition of Curtis and
Nancy Mdte (Kempsville Borough).
DEFERRED March 30, 1987
Reccmendation: D@
i. Ordinarice to AMEND and RED@ Article 2, Section 233(c) of
the Cmiprehensive Zoning ordinance pertaining to Recreational
@rounds.
DEFERRED May 18, 1987
Rec@ndation: D@
H. OETDINANCES
1. Ordin&ice on S READING to appropriate $25,200 to operate a
"Pilot" Day Cmp for Children of MLmicipal @oyees.
2. Ordinance to AMEM and REDRUAIN Section 2-41i, 2-412, and 2-413 of
the Code of the City of Virginia Beach, pertaining to Energency
Servioes Agericy.
I. ON
1. Resolution directing the Planning ssion to consider a
proposed amendment to Section 933 of the Ccmprehensive Zonincj
Crdinance pertaining to sign regulations in the @ Re@
Cmmrcial. District.
J. CONSENT AGENDA
All watters listed under the (bnsent Agenda are considered in the
ordinary adurse of business by City Cbuncil and will be enacted by one
motion in the form listed. If an item is remcved frcm the Cbnsent
Agerida, it will be discussed and voted upc)n separately.
1. RFSOLUTION IN @TICN
Valinda Sue Carroll - Green @ High School
2. Ordinance to authorize and direct the City Manager to execute a
cost participation agreement with Uthan Associates - Fomfire for
Capital Project 6-316.
3. Ordinance to apply for rental rehabilitation fi@s in the @t of
$165,000 frcrn the U. S. Departrnent of Housing and Urban DeveloFment
4. Ordinance to authorize a @rary e t into a portion of
the City's rights-of@y of Atlantic Avenue, 16th Street and Ccean
Avenue to James H. Capps t/a The Breakers Resort Inn, his heirs,
assigns and successors in title (Virginia Beach Borough).
5. Ordinance to authorize a @rary encroa t into a portion of
the City's Property as Lake Joyr-e and twent@foot (20) strip
surrounding Lake Joyce to F. and Jeanette T. Hadrick, their
heirs, assigns and successors in title (Bayside Borough).
6. RAFFLE @T:
a. Aragona-Pembroke Little League
b. Aragona Garden Club
7. CERTIFI= oF puBLic @ENCE AND @ITy
a. @and Limousine Services, Inc.
K. APPOINTMENTS
1. BOND @TTEE
2. FPCT FINDING COMITRE@L - Ocean Lakes
3. SOCIAL SERVICES BOARD
4. VI@INIA BEACH @ITY DEVELOPMWP OORPORATION
L. UNFINISHED BUSINESS
M. NEN BUSINESS
1. EDUCATING THE ELDERLY - Health Insurance Claims
Sffn Houstc>n, Sr.
Sponsc)red by (buncilnm Heischober
N. ADJOU
- 17 -
Item III-F.l.
MINUTES ITEM # 27486
Upon motion by Councilman Perry, seconded by Councilman Balko, City Council
CORRECTED AND AMENDED the MINUTES of the INFORMAL & FOR14AL SESSIONS of June 1,
1987.
ITEM # 27427, Page 6, CITY COUNCIL CONCERNS
(CORRECTED)
Councilman Balko advised relative the report
concerning re-examining the PLANNING REVIEW PROCESS
by the Committee composed of Councilman Balko,
Planning Commissioner Reid and Richard Browner,
same would be available within the next thirty to
sixty days, NOT two weeks as stated in the MINUTES.
ITEM # 27401, Page 18, APPLICATIONS OF OLD DONATION
FARM PARTNERSHIP.
Condition No. 13 shall be AMENDED to read:
13. The Developer shall budget $100,000 for the
repair of the exterior of the Ferry Farm House
and such repairs be made by the developer prior
to the RR3A platting of the twentieth lot.
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
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
B R I E F I N G
HISTORICAL REVIEW BOARD
PROPOSED DESIGN GUIDELINES FOR HISTORICAL - CULTURAL DISTRICTS
10:00 A.M.
June 1, 1987
ITEM # 27424
Mayor Robert G. Jones introduced Lillian B. Youell, Chairman, Historical Review
Board, who presented the Members of the HISTORICAL REVIEW BOARD: James H.
Agles, Barbara Ferguson, Howard S. (Sam) Myers, Michael B. Newbill and
Robert A. Davis, Staff Secretary to the Board.
Chairman Youell advised Vice Mayor Meyera Oberndorf was unable to be present as
she was speaking at the NATURALIZATION CEREMONY at the Federal Building in
Norfolk, Virginia.
Chairman Youell advised heritage survives in three ways: the written form
(documents), the oral tradition (music) , and material culture (architecture) .
The City itself is an artifact and reflects our material culture. The City must
take positive steps to assure a future for our past. President Reagan has
PROCLAIMFD NATIONAL HISTORIC PRESERVATION WEEK in May stating "America's
Greatness grows out of our Rich Past". The theme of this week was Landmarks of
Democracy.
In 1968, the Mayor APPOINTED a Historical Committee to work with the Planning
Commission as an advisory body. On March 4, 1974, the City Council ADOPTED a
Resolution officially establishing the HISTORICAL REVIEW BOARD. In 1975, the
City decided to preserve the historic Francis Land House, purchasing the house
and surrounding grounds of approximately thirty (30) acres.
Chairman Youell read excerpts of a letter from H. Bryan Mitchell, State
Historic Preservation Officer, relative the Historic District Ordinance. (Said
letter is hereby made a part of the record.)
The Consultants to the HISTORICAL REVIEW BOARD were out of the country; however
the former Chairman and a licensed architect, Michael B. Newbill presented the
Proposed Design Guidelines for Historical-Cultural Districts. Michael Newbill
serves as the Southeastern Virginia representative for the National Alliance of
Preservation Commissions.
Michael Newbill advised Preservation Planning is a Municipal responsibility. A
Comprehensive City Wide Preservation Plan does not exist at the present time.
In the early 1970's, City Council and the Planning Commission created Eleven
(11) Historical Districts:
NIMMO CHURCH
FRANCIS LAND HOUSE
PEMBROKE MANOR
U. WOLFSNARE
OLD DONATION
CARRAWAY HOUSE
THROROUGHGOOD
T. MURRAY HOUSE
A. KEELING HOUSE
PRINCESS ANNE COURTHOUSE
LYNNHAVEN HOUSE
- 2 -
B R I E F I N G
HISTORICAL RKVIEW BOARD
PROPOSED DESIGN GUIDELINES FOR HISTORICAL - CULTURAL DISTRICTS
ITEM # 27424 (Continued)
The Cape Henry Lighthouse is not a Virginia Beach Historical and Cultural
District despite the fact that it has the highest honorary designation of the
National Historical Landmarks and possesses Virginia and National Register
designations. The Lighthouse is the symbol of our City Seal. The Princess Anne
Courthouse is not on the National Register. The Frank Lloyd Wright House on the
Beach has been nominated for designation on the Virginia Landmarks Register and
the National Register of Historic Places.
Mr. Newbill displayed a map prepared by the Planning Department in 1980. This
was an initial effort to identify Historical sites. The map lists 91 sites
which go back to the early 1700's terminating in the early 180018.
Approximately 1/3 of these sites no longer exist.
When an area is in a Historic District, any construction project in that
District is subject to review by the HISTORICAL REVIEW BOARD.
A VIDEO prepared by the National Park Service was presented depicting what
other communities are doing in the area of Preservation Planning and introduces
the concept of CERTIFIED LOCAL GOVERNMENT (CLG). The National Preservation Act
of 1966 created a National Program for Historic Preservation. The State
Historic Preservation Offices administer this Program at the State Level and
the National Park Service provides assistance at the Federal Level. An
important element of the National Historic Preservation Program is the
provision for certification or approval of Local Preservation Programs by State
Historic Preservation Officers and the Secretary to the Interior. CERTIFIED
LOCAL GOVERNMENTS are eligible to apply for grants from the State Historic
Preservation Officers.
Michael Newbill advised the HISTORICAL RYVIEW BOARD'S PROPOSALS:
HISTORIC PRESERVATION ORDINANCE
PARTICIPATION IN CERTIFIED LOCAL GOVERNMENT PROGRAM
GUIDELINES FOR 11 EXISTING DISTRICTS
COMPREHENSIVE CITY-WIDE SURVKY & PRESERVATION PLAN
A DRAFT of the HISTORIC PRESERVATION ORDINANCE, prepared by Robert Davis,
Planning Department, was distributed and is hereby made a part of the record.
The HISTORIC PRESERVATION ORDINANCE would entail the following elements:
1. Statement of Public Purpose & Policy
2. Composition, Qualifications, Appointment of Review
Board
3. Powers & Duties
4. Procedures for Creation of Historical Districts
5. Other applicable Regulations
6. Procedures for Granting/Denial of Certificate of
Appropriateness.
7. Violations and Penalties - same as Zoning
Ordinance
8. Adoption of Design Standards - Local and Secretary
of Interior Standards.
9. Name Change - Historical Review Commission
The HISTORICAL REVIEW BOARD should become advisor in the overall Planning
Process to the City Council and the Planning Commission rather than just
advisor to the Planning Director.
- 3 -
B R I E F I N G
HISTORIAL REVIEW BOARD
PROPOSED DESIGN GUIDELINES FOR HISTORICAL - CULTURAL DISTRICTS
ITEM # 27424 (Continued)
With relation to CERTIFIED LOCAL GO S (CLG), Mr. Newbill advised 4 of 41
Virginia Boards are now certified (Prince William County, Lynchburg, Culpepper
and Suffolk). The Virginia requirements include:
1. A Local Preservation Ordinance
2. A Review Board
3. Maintain System of Survey and Inventory of Cultural
Resources.
4. Provisions for Adequate Public Participation in
Local Program
5. Satisfactory Performance of Delegated
responsibilities
6. Application or certification signed by local Chief
Elected Official, copy of Ordinance, resumes of
Board.
7. Upon acceptance, written agreement required between
the State and the City to carry out program and
procedures including demonstrating ongoing
improvements.
Mr. Newbill outlined the SUMMARY AND RECOMMENDATIONS of the HISTORIC REVIEW
BOARD:
Pass a Separate Preservation Ordinance
(Increase Review Board Membership form 5 to 7)
Apply for Certified Local Government Status
Review and Amend Zoning for the 11 Existing
Historical and Cultural Districts (After Public
Hearing, et cetera by Planning Commission).
Endorse Proposed Design Guidelines (including
Secretary of Interior Standards) for the Existing
11 Districts
Authorize a Comprehensive City Wide Preservation
Survey, Inventory and Plan.
Allocate Additional Resources to Planning and other
departments as required for implementation
Copies of the Study "HISTORIC PRESERVATION POSSIBILITIEStf for the CITY OF
VIRGINIA BEACH were distributed. (Copy of same is hereby made a part of the
record.)
Chairman Youell advised the Consultants would be available after June 15, 1987,
should City Council desire further information and request their presence.
- 4 -
June 1, 1987
The COUNCIL CONCERNS SESSION of the VIRGINIA BKACH CITY COUNCIL was called to
order by Mayor Robert G. Jones in the Conference Room, City Hall Building, on
Monday, June 1, 1987, at 12:00 NOON.
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, Nancy K.
Parker and John L. Perry
Council Members Absent:
Vice Mayor Meyera E. Oberndorf ENTERED: 12:55 P-M
Vice Mayor Oberndorf was speaking at the NATURALIZATION CEREMONY at
the Federal Building in Norfolk, Virginia
- 5 -
M A T T E R S B Y M A Y 0 R
ITEM # 27425
Mayor Jones referenced his concern relative the SOUTHEASTERN EXPRESSWAY. A
group similar to the Urban Land Institute could assist in providing at least
tentative guidelines concerning the facility.
Mayor Jones emphasized the examination of the critical issues involving same.
The questions were placed in three categories:
Impact on Land Use
Technical Problems of the facility
Aesthetic Opportunities regarding the facility.
Councilwoman McClanan referenced the function of the URBAN LAND INSTITUTE was
promoting various kinds of development. Having said firm perform an
Environmental Impact could present a problem.
Councilman Baum advised the most important element was the alignment of the
SOUTHF.ASTERN EXPRFSSWAY. Councilman Baum inquired as to the importance of the
environmental concerns. Councilman Baum believed the advice of the Corps of
Engineers should be sought regarding the swamp lands.
Councilwoman Henley referenced co-ordination between the cities of Chesapeake
and Virginia Beach. Mayor Jones advised Chesapeake was waiting for Virginia
Beach to assume the lead.
Councilwoman Parker inquired whether the City could afford the SOUTHKASTERN
EXPRESSWAY. If the City must wait two (2) years for the State to determine the
alignment, how will the City handle the development pressures. The soil samples
in the Southern part of the area: can they withstand the urbanization or
industrial pressures. If an outside consultant is deemed necessary, an RFP
should be developed.
Councilman Fentress inquired as to the basic idea of the SOUTHEASTERN
EXPRESSWAY, other than another exit from Virginia Beach.
Mayor Jones advised development pressures should be recognized. There is only
one major entrance and exit to Virginia Beach, the Toll Road with Indian River
Road as a subsidiary south of the Toll Road.
Councilman Heischober believed the first section of the semi-circle around
Richmond has been done well. There has not been too much growth around this
road. The State has advised the City will never have the funds to build the
SOUTHEASTERN EXPRESSWAY without a toll. There may be a possibility that the
growth in the Corridor can be purchased with "State up front money" to be
returned from the Bond issue. This possibility should be explored with the
Highway Department.
Councilman Balko referenced development would come along one way or another.
Instead of waiting two years for the Final Design, a Meeting should be arranged
with the City, State and Army Corps of Engineers to solidify a 300-foot
Corridor.
Councilman Moss believed the opinion of more than one set of experts should be
acquired. The competition is needed. Two or three individuals should arrive at
a feasibility approach.
Councilman Perry emphasized the need to repair the roads already in existence,
with special emphasis on Princess Anne Road.
The Toll Feasibility Study was not a part of the State consultant's mission
which was corridor identification.
Councilman Heischober referenced if a study area could be set a mile on each
side of the final Corridor, this could be addressed in the Comprehensive Plan
and thus guidelines could be devised.
- 6 -
C I T Y C 0 U N C I L C 0 N C E R N S
ITEM # 27426
Councilwoman Henley referenced numerous telephone calls relative the Ordinance
authorizing the transfer of $1,300,000 from Princess Anne High School
Renovation Project to Salem High School Project. Said Ordinance was ADOPTED on
May 18, 1987. Councilwoman Henley advised she spoke with the Principal of
Princess Anne High School. The specifics need to be itemized relative the
Renovations.
Councilman Moss advised as a result of these calls, he requested Carlton Bowyer
and his assistants to accompany him on a tour of Princess Anne High School on
Friday Afternoon. Councilman Moss believed a Public Hearing should be
SCHEDULED at the School Site for enumeration of the project.
One of the complaints reiterated was the windows and not window walls in the
hall passages were being replaced. The Hallways running from the auditorium to
the gym and the Hall that runs by the Cafeteria to the Shop have concrete
ceilings and do not lend themselves to being air conditioned.
This item will be ADDED under UNFINISHED BUSINESS. The Mayor has requested the
City Manager to gather the documents concerning the Original Scope of the Work,
the Projected Cost and the Bid relative the renovation to Princess Anne High
School.
Councilwoman McClanan advised she had informed the Vice President of the PTA of
Princess Anne High School she would sponsor her on the AGENDA.
Councilman Balko had contacted the City's Public Relations Department as well
as the School's System Public Relations Director, Dorothy Barber. Mrs. Barber
advised a notice would be issued to every student and teacher at Princess Anne
High School explaining the situation.
ITEM # 27427
Councilwoman Parker, referenced the Committee composed of Councilman Balko,
Planning Commissioner Reid and Richard Browner examining the PLANNING REVIEW
PROCESS. Councilman Balko advised a report would be available within the next
two weeks.
ITEM # 27428
Councilman Perry referenced misinformation relative the Old Donation Farm
Partnership on Channel 10 on Saturday, May 31, 1987.
ITEM # 27429
Councilman Perry further referenced the Resolution directing the Planning
Commission to Consider and make its recommendation concerning a proposal to
eliminate the usage of reduced required side yards (zero lot lines). This
Resolution was ADOPTED on November 24, 1986, and the Planning Commission was
requested to forward their recommendation within fifty (50) days of the date of
ADOPTION.
The City Staff will investigate same.
- 7 -
C I T Y C 0 U N C I L C 0 N C E R N S
ITEM # 27430
Councilwoman Parker distributed the DRAFT copy of an Ordinance to Amend and
Reordain the Code of the City of Virginia Beach, Virginia, By adding a new
Section 21-129 pertaining to Vehicle Equipment (Truck Covers). (Copy of same is
hereby made a part of the record.)
ITEM # 27431
Councilwoman McClanan referenced Applications of E. S. G. Enterprises for a
Change of Zon@s west of Holland Road, south of North Landstown Road,
(Princess Anne Borough): From AG-1 Agricultural District to R-8 Residential
District, containing 31 acres. AND, from AG-2 Agricultural District to R-8
Residential District, containing 6.52 acres. As the AGREEMENT relative same had
just been received and City Staff needed to review same, Councilwoman McClanan
requested this item be brought forward to the beginning of the Planning Agenda
for consideration of DEFERRAL.
- 8 -
ITEM # 27432
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,
June 1, 1987, at 1:00 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 L.
Perry
Council Members Absent:
None
- 9 -
ITEM # 27433
Mayor Jones entertained a motion to permit City Council to conduct its
EXECUTIVE SESSION pursuant to Section 2.1-344, Code of Virginia, as
amended, for the following purposes:
1. PERSONNEL MATTERS: Discussion or consideration of employment, assignment,
appointment, promotion, performance, demotion, salaries, disciplining or
resignation of public officers, appointees or employees.
2. PUBLICLY HELD PROPERTY: Discussion or consideration of the condition,
acquisition or use of real property for public purpose, or of the
disposition of publicly held property, or of plans for the future of an
institution which could affect the value of property owned or desirable
for ownership by such institution.
3. LEGAL MATTERS: Consultation with legal counsel or briefings by staff
members, consultants or attorneys, pertaining to actual or potential
litigation, or other legal matters within the jurisdiction of the public
body.
Upon motion by Councilman Moss, 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
- 10 -
F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
June 1, 1987
2:05 P.M-
Mayor Robert G. Jones called to order the FORMAL SESSION of the VIRGINIA BFACH
CITY COUNCIL in the Council Chambers, City Hall Building, on Monday, June 1,
1987, at 2:05 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 Joseph A. Mullen
New Convenant Presbyterian Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE U-NITED STATES OF AMERICA
- 11 -
APPROVAL OF ITEMS FOR THE FORMAL AGENDA
Item IV-D.1 ITEM # 27434
Vice Mayor Oberndorf referenced numerous telephone calls relative the Ordinance
authorizing the transfer of $1,300,000 from Princess Anne High School
Renovation Project to Salem High School Project. Said Ordinance was ADOPTED on
May 18, 1987.
Vice Mayor Oberndorf requested this item be ADDED under UNFINISHED BUSINESS in
order that Students and Members of the PTA might address their concerns.
Vice Mayor Oberndorf further referenced telephone calls from City Employees
relative the Health Insurance Program. Vice Mayor Oberndorf requested the City
Manager have his staff brief City Council relative same. This item will be
added on under NEW BUSINESS
Item IV-D.2 ITEM # 27435
Councilwoman McClanan referenced Applications of E. S. G. Enterprises for a
Change of Zonings west of Holland Road, south of North Landstown Road,
(Princess Anne Borough): From AG-1 Agricultural District to R-8 Residential
District, containing 31 acres. AND, from AG-2 Agricultural District to R-8
Residential District, containing 6.52 acres. As the AGREEMENT relative same had
just been received and City Staff needed to review same, Councilwoman McClanan
requested this item be DEFERRED and perhaps brought forward to the beginning of
the Planning Agenda. (See IV-G.l.f of the Planning Agenda)
Item IV-D-3 ITEM # 27436
Councilwoman McClanan referenced an Ordinance to authorize and direct the City
Manager to execute a cost participation agreement with Urban Associates -
Foxfire for Capital Project 6-316. (See Item IV-J.2 of the CONSENT AGENDA).
This item will be pulled for a separate vote.
Item IV-D.4 ITEM # 27437
Councilman Perry referenced an Ordinance to apply for rental rehabilitation
funds in the amount of $165,000 from the U. S. Department of Housing and Urban
Development. (See Item IV-J-3 of the Consent Agenda.) This item will be pulled
for a separate vote.
Item IV-D-5 ITEM # 27438
Councilman Heischober referenced the item relative EDUCATING THE ELDERLY -
Health Insurance Claims. This item is under NEW BUSINESS. Councilman Heischober
requested this item be DEFERRED until next week as Sam Houston, Sr. had to
leave the Meeting.
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 VERBAL NAY.
- 12 -
Item IV-E.1
PRESENTATION ITEM # 27439
Mayor Robert G. Jones PRESENTED a RESOLUTION IN RECOGNITION to:
VALINDA SUE CARROLL
This Resolution recognized Valinda as a Semi-Finalist in the Negro Program of
the NATIONAL MERIT SCHOLARSHIP. She received the President's Academic Fitness
Award. She is a member of the National Honor Society, International Thespian
Society, French Club (Reporter Historian), Art Club (Treasurer), Spirit Club,
Historical Society, Yearbook Staff (Academics Editor) and the Roers Club.
Valinda Sue Carroll has a Grade Point Average of 3.5476 and an SAT Score of
1350.
- 13 -
Item IV-F.1
MINUTES ITEM # 27440
Upon motion by Councilman Balko, seconded by Councilman Perry, City Council
APPROVED the MINUTES of the RECONVENED SESSION of May 14, 1987 and the INFORMAL
& FORMAL SESSIONS of May 18, 1987.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Albert W. Balko, 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 Abstaining:
Robert E. Fentress*
Council Members Absent:
None
*Councilman Fentress ABSTAINED as he was on vacation and did not attend the
City Council Meetings of May 14, 1987 and May 18, 1987.
- 14 -
Item IV-G.l.a/g.
PUBLIC HEARING
PLANNING ITEM # 27441
Mayor Jones DECLARED a PUBLIC HEARING on:
PLANNING ITEMS
a. OLD DONATION FARM PARTNERSHIP VARIANCFS/CONDITIONAL USE PERMITS
b. COURTHOUSE COMMUNITY UNITED METHODIST CONDITIONAL USE PERMIT
CHURCH
c. LESTER 0. AND MURIEL A. WOOD VARIANCE
d. MICHAEL PAUL BRICKBICHLER CONDITIONAL USE PERMIT
e. FIRST HOSPITAL DEVELOPMENT CORPORATION CONDITIONAL USE PERMIT
f. E. S. G. ENTERPRISES CHANGES OF ZONING
g. DAVID I. AND GALE M. LKVINE CHANGES OF ZONING
h. CURTIS AND NANCY WHITE STREET CLOSURE
i. RECRFATIONAL CAMPGROUNDS CZO AMENDMENT
1 5
Item IV-G.l.a.
PUBLIC HEARING
PLANNING ITEM # 27442
Attorney Robert Cromwell, Pembroke One, Phone: 499-8971, represented the
applicant who will dedicate to the Virginia Beach Arts Center the Ferry Farm
House accompanied by a gift of $100,000. The applicant agreed to build a foot
bridge for the children to walk back and forth from their neighborhoods from
the pool and park as a measure to insure safety. The applicant is willing to
eliminate the Conditional Use Permit for the pier (dock). Attorney Cromwell
advised his clients plan to convey 15 feet around the perimeter of the Ferry
Farm House which should be more than adequate to permit access to the home.
The parking lot will be encumbered with an easement.
Edwin Kellam, representing the Virginia Beach Arts Center, advised they will
accept the dedication of the Ferry Farm House accompanied by a gift of
$100,000 identified for the restoration of the exterior of the Ferry Farm
House. If the Arts Center finds they are unable to maintain the Ferry Farm
House, they have agreed to transfer same to another organization with the
understanding that the farm house shall be restored. Edwin Kellam had
contacted Peter Coe, President of the Virginia Beach Arts Center and
reiterated his statements. Edwin Kellam advised he was not aware of the
amount of property which would be deeded to the Virginia Beach Arts Center;
however, the agreement had advised it would be a sufficient amount of
property around the Ferry Farm House for its use as a Museum.
Roy Parks, Land Planner and Landscape Architect, exhibited a plat depicting the
Ferry Farm House with the location of the easement and the Parking Lot. This
property is not being taken out of the computations for the density credit. It
is considered as a gross land.
Donald Reid, the owner of the Property, responded to Council's inquires as this
application had been EXPEDITED to the Planning Commission and the concerns
related to said application had not been addressed in writing. Mr. Reid
advised he had verbally assured the previous owner of the property, Mr.
Howren, that he did not intend to demolish the Ferry Farm House as same would
enhance the value of the property.
OPPOSITION:
Larry Gurioli, 620 VThitechapel Drive, Phone: 497-5887, reiterated the goals of
preservation of the Ferry Farm House and sufficient property surrounding same.
Mr. Gurioli also wished to maintain the integrity of the Recreation Area
(pool, lake and park). Mr. Gurioli referenced his concern relative the private
road across the dam.
James Willenbrink, 605 Hudgins Court, Phone: 497-0700, advised of the
historical and cultural significance of said property. Located somewhere on
the Ferry Farm Plantation is the grave of William Walke who died in 1795. It
is also likely a number of descendants are buried somewhere on this site. As
archeological artifacts had been discovered on sites outside of the
developer's open space, James Willenbrink believed the entire area should be
designated as a Historic and Cultural District.
Robert A. Finley, President Pembroke Meadows Civic League, 4449 Hudgins Drive,
Phone 473-0118, reiterated his previous concerns, the opposition to the dam as
Lake Meadows being used as an access point, the possible destruction of a
historical and cultural site and the common used pier. Mr. Finley also
requested the requisite City services be routed in a direction to minimize
their environmental impact. Mr. Finley further advised upon meeting with
Donald Reid and Associates a meaningful compromise was not derived.
Pat Ingmire, 813 St. James Drive, Phone: 499-2896, spoke relative the safety
concerns of Pembroke Boulevard as a thorough Street and the use of the Dam,
especially for construction vehicles during the development of Old Donation
Farm Subdivision. Mrs. Ingmire requested in writing that all contractors not
use this route, if road is deemed safe. Two entrances into a subdivision would
increase traffic as well as crime.
Sherry Cooper, 648 Bishop Drive, Phone: 497-2986, distributed a packet of
information relative Historic Preservation (Said data is hereby made a part of
the record).
Jo Haskett Howern, 4004 Oceanfront, Phone: 422-6961, former Trustee of Historic
Richmond's Foundation.
- 16 -
Item IV-G.l.a
PUBLIC HEARING
PLANNING ITE24 # 27442 (Continued)
Councilwoman Parker advised she had not recieved a written proposal from the
Viginia Beach Arts Center concerning their utilization and funding of the Ferry
Farm House, if they intend to take said property, as well as their method of
renovation or restoration accompanied by some type of a deed plat. This had
been reiterated in the Minutes of the City Council Meeting of May 18, 1987.
Councilwoman McClanan advised her concern centered on saving as much of this
house and the land surrounding same. The developer is receiving concessions as
narrower roads have been requested and no curb and gutters. This will result
in more expensive maintenance for the City as the State will not maintain these
substandard width roads.
Councilman Moss advised one of the essential issues was whether or not there
was vehicular traffic having access from said Subdivision to Pembroke
Boulevard. Jack Whitney, Chief of Comprehensive Plan, advised the question of
access in and out of the street layout in the Subdivision would arise in the
preliminary subdvivision plat review.
Upon motion by Councilman Perry, seconded by Councilman Baum, and with
Conditions AMENDED by Councilman Heischober, City Council APPROVED Applications
of OLD DONATION FARM PARTNERSHIP for Variances to Section 4-1(b)(1), Section
4-4(b), Section 5.2, and a Conditional Use Permit for open space promotion and
DENIED Ordinance upon application of OIJ) DONATION FARM PARTNERSHIP for a
Conditional Use Permit for non-commecial marina (dock).
Appeal from decisions of Administrative Officers in
regard to certain elements of the Subdivision
Ordinance, Subdivision for Old Donation Farm
Partnership. Property is located at the
southeastern terminus of Pembroke Boulevard. Plats
with more detailed information are available in the
Department of Planning. BAYSIDE BOROUGH.
A N D,
Appeal from decision of Administratitve Officers in
regard to certain elements of the Subdivision
Ordinance, Subdivision for Old Donation Farm
Partnership. Property is located at the
southeastern terminus of Pembroke Boulevard.
Plats with more detailed information are available
in the Department of Planning. BAYSIDE BOROUGH.
A N D,
- 17 -
Item IV-G.l.a
PUBLIC HEARING
PLANNING ITEM # 27442 (Continued)
Appeal from decision of Administrative Officers in
regard to certain elements of the Subdivision
Ordinance, Subdivision for Old Donation Farm
Partnership. Property is located 780 feet more or
less northeast of the southeastern terminus of
Pembroke Boulevard. Plats with more detailed
information are available in the Department of
Planning. BAYSIDE BOROUGH.
A N D,
ORDINANCE UPON APPLICATION OF OLD DONATION FARM
PARTNERSHIP FOR A CONDITIONAL USE PERMIT FOR OPEN
SPACE PROMOTION ON CERTAIN PROPERTY R06871042
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIGINIA BEACH, VIRGINIA
Ordinance upon application of Old Donation Farm
Partnership for a Conditional Use Permit for open
space promotion on certain property located at the
southeastern terminus of Pembroke Boulevard. Said
parcel contains 32.829 acres. Plats with more
detailed information are available in the
Department of Planning. BAYSIDE BOROUGH.
A N D, DENIED
ORDINANCE UPON APPLICATION OF OLD DONATION FARM
PARTNERSHIP FOR A CONDITIONAL USE PERMIT
Ordinance upon application of Old Donation Farm
Partnership for a Conditional Use Permit for a
non-commercial marina (dock) on certain property
lcoated 1200 feet more or less northeast of the
southeastern terminus of Pembroke Boulevard. Plats
with more detailed information are available in the
Department of Planning. BAYSIDE BOROUGH.
- 18 -
Item III-G.l.b.
PUBLIC HEARING
PLANNING ITEM # 27442 (Continued)
The following conditions shall be required:
1. A long term use and maintenance plan, acceptable to
appropriate City Staff, must be established for the
Ferry Farm House.
2. Landscaping improvements in accordance with the
submitted Landscape Plan dated February 24, 1987,
except that all proposed roadside tree planting
along Cheswick Lane must be located outside
roadside swales.
3. Fences, if any, in the side grass swales are
allowed providing they are a minimum of three feet
off the centerline of said swales.
4. A twenty-two-foot (221) pavement section for
Cheswick Lane.
5. Pembroke Boulevard shall be extended but not used
until and unless the private road is declared
structurally sound by the City Engineer. Cost of
repair to be born by the developer. In addition,
an adequate foot bridge shall be added to the
private road for the safety and convenience of
pedestrians and bicycies.
6. Establishment of a Historical and Cultural District
over the 3.9 acre parcel on which the Ferry Farm
House is located, with no development.
7. Utilization of proferred Best Management practices
(BMPT's) which are reasonably applicable to the
development of this project.
8. The pier (dock/marina) as shown on the plan which
is an extension of the existing pier shall be
ELIMINATED.
9. The applicant shall dedicate the 3.9 acres of Open
Space as a scenic easement.
10. The Deed of Conveyance from developer to any future
owner or owners of the Farm House and fifteen feet
(15') around the home shall stipulate that it shall
never be torn down or used as a dwelling.
11. The developer shall recommend to the future
Homeowners' Association that the walkway in the
open space be a public walkway and disclose the
recommendation at the time of individual contract.
12. The Ferry Farm House shall be donated to the Arts
Center of Virginia Beach and the parking places as
shown on the site plan shall be to accommodate
visitors to the Ferry Farm House.
13. The Developer shall budget $100,000 for the repair
of the exterior of the Ferry Farm House and such
repairs be made by the developer prior to the
sale of the twentieth lot."
- 19 -
Item IV-G.l.a
PUBLIC HFARING
PLANNING ITEM # 27442 (Continued)
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the First
day of June, Nineteenth Hundred and Eighty-seven.
Voting: 7-4
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, and John L. Perry
Council Members Voting Nay:
Reba S. McClanan, John D. Moss, Vice Mayor Meyera E.
Oberndorf, Nancy K. Parker
Council Members Absent:
None
Councilwoman Henley, after the vote of the Ordinance upon application for the
discontinuance, closure and abandonment of a portion of Marshview Drive in the
petition of Curtis and Nancy White, referred back to the OLD DONATION FARM
PARTNERSHIP application. Councilwoman Henley advised it was her understanding
that the conditions imposed would be met before the development would be
allowed to commence. As these conditions can be imposed by City Council which
was Councilwoman Heniey's intent and in order to insure the City Staff read the
Council's intent in the aforementioned conditions, Councilwoman Henley
requested a BRIEFING be scheduled for the INFORMAL SESSION, June 8, 1987, by
City Staff. Councilwoman Henley advised it was her intent the bridge was to
be constructed and the roadway on the dam secure for all traffic prior to
development.
- 20 -
Item IV-G.l.b.
PUBLIC HFARING
PLANNING ITEM # 27443
The following spoke in support of the application:
Attorney Robert Cromwell, Pembroke One, Phone: 499-8971, represented the
applicant and advised said applicant felt relative secure as this site is on
the perimeter of a proposed development by the Christopher Companies (former
Buyrn Farm). The City has participated in the construction of a pump station.
A lake is being excavated.
Reverend Bruce D. Tuttle, 3205 Monet Drive, Phone: 427-3272, Pastor of
Courthouse Community United Methodist Church, advised within 60 days of
settlement of contract, the permits could be secured to begin some type of
construction.
Dr. M. Douglas Newman, 6 Koger Executive Center, Suite 211, Norfolk, Phone:
461-7793, District Superintendent Courthouse Community United Methodist Church
Kenneth Hess, 2537 Enchanted Forest Road, Lay Leader and Administrative Board
Chairman with the Courthouse Community United Methodist Church.
Upon motion by Councilwoman McClanan, seconded by Councilman Baum, City Council
ADOPTED an Ordinance upon application of COURTHOUSE COMMUNITY UNITED METHODIST
CHURCH for a Conditional Use Permit for a church
ORDINANCE UPON APPLICATION OF COURTHOUSE COMMUNITY
UNITED METHODIST CHURCH FOR A CONDITIONAL USE
PERMIT FOR A CHURCH R06871043
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Courthouse Community
United Methodist Church for a Conditional Use
Permit for a church on certain property located on
the northeast side of Princess Anne Road beginning
at a point 5000 feet more or less northwest of
North Landing Road. Said parcel contains 7.02
acres. Plats with more detailed information are
available in the Department of Planning. PRINCESS
ANNE BOROUGH
The following conditions shall be required:
1. A variable width right-of-way dedication is
required along Princess Anne Road in accordance
with the Master Street and Highway Plan for an
eight-lane divided arterial parkway. It appears
that approximately 69 feet is required.
2. No curb cuts on Princess Anne Road (only temporary
access will be allowed on Princess Anne Road).
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the First
day of June, Nineteenth Hundred and Eighty-seven.
- 21 -
Item IV-G.l.b.
PUBLIC HEARING
PLANNING ITEM # 27443 (Continued)
Voting: 9-2
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Harold Heischober,
Barbara M. Henley, Reba S. McClanan, John D. Moss,
Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and
John L. Perry
Council Members Voting Nay:
Albert W. Balko and Mayor Robert G. Jones
Council Members Absent:
None
- 22 -
Item IV-G.l.c
PUBLIC HEARING
PLANNING ITFM # 27444
Attorney Robert Cromwell, Pembroke One, Phone: 499-8971, represented the
applicant,
Olla Krueger, President of the Linlier Civic League reiterated the endorsement
of the Civic League concerning approval of this Variance.
Upon motion by Councilman Balko, seconded by Councilman Perry, City Council
APPROVED the application of LESTER 0. AND MURIEL A. WOOD for a Variance to
Section 4.4(b) of the Subdivision Ordinance.
Appeal from Decisions of Administrative Officers in
regard to certain elements of the Subdivision
Ordinance Subdivision for Lester 0. and Muriel A.
Wood. Property is located at 1404 Carolyn Drive.
Plats with more detailed information are available
in the Department of Planning. LYNNHAVEN BOROUGH.
Councilman Moss inquired as to which category of hardship this application
relates. Perhaps the City should be more cognizant with the economic pressures
and the impact of assessments on people's property holdings. Councilman Ballco
believed the hardship would entail Section 9.3, Article B, "The authorization
of the variance will not be of substantial detriment to adjacent property, and
the character of the neighborhood will not be adversely affected".
City Council requested a review of the hardship test criteria and with
particular study involving waterfront areas. Road frontage and the loss of
trees should also be a prime consideration.
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
"Verbal Aye
- 23 -
Item IV-G.l.d
PUBLIC HEARING ITEM # 27445
PLANNING
Ron Makela, President of Great Neck Association, advised all signs in front of
the applicant's property had been removed, apparently the process was just too
long.
Upon motion by Councilman Balko, seconded by Councilman Fentress, City Council
DEFERRED for one week until the City Council Meeting of June 8, 1987, an
Ordinance upon application of MICHAEL PAUL BIRCKBICHLER for a Conditional Use
Permit:
ORDINANCE UPON APPLICATION OF MICHAEL PAn
BIRCKBICHLER FOR A CONDITIONAL USE PERMIT FOR A
SAMLL ENGINE REPAIR ESTABLISHMENT (SERVICE & REPAIR
OF LAWN MOWERS)
Ordinance upon application of Michael Paul
Birckbichler for a Conditional Use Permit for a
small engine repair s@tablishment (service & repair
of lawn mowers) on the west side of N. Great Neck
Road, 240 feet more or less north of North Lakeside
Drive. Said parcel is located at 1357 North Great
Neck Road and contains 32,234 square feet. Plats
with more detailed information are available in the
Department of Planning. LYNNHAVEN BOROUGH.
This application was DEFERRED to enable the applicant to be present. The City
Clerk is to advise Michael Paul Birckbichler of the DEFERRAL.
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
- 24 -
Item IV-G.l.e.
PUBLIC HEARING
PLANNING ITEM # 27446
Attorney R. J. Nutter, 2809 South Lynnhaven Road, Phone: 431-3100, represented
the applicant. Attorney Nutter referenced the condition related to the right-
turn lane 80 feet in length with an 80-foot transition to be installed on
First Colonial Road. The incorrect site plan had been reviewed in connection
with same. As the building is no longer a five-story office building.
Attorney Nutter requested this condition be removed, and consideration
withheld of that issue pending site plan review. Attorney Nutter also
requested Condition No. 6 be eliminated: "Approval of the Board of Zoning
Appeals for 75 parking spaces."
Wiley Cooke, the Architect, exhibited a model of the proposed application. The
existing Medical Building is 3-story, support activities are to be added of
administrative staff and multi-purpose activity as well as the dining kitchen
facility. The applicant is proposing parking along Old Donation Parkway and
employee and service parking to the North for a total of seventy-five (75)
parking spaces. The current curb cut on First Colonial will not be retained.
Access will be at the north end of the site. The entrance now is to the east.
Upon motion by Councilman Balko, seconded by Vice Mayor Oberndorf, City Council
ADOPTED an Ordinance upon application of FIRST HOSPITAL DEVELOPMENT CORPORATION
ORDINANCE UPON APPLICATION OF FIRST HOSPITAL
DEVELOPMENT CORPORATION FOR A CONDITIONAL USE
PERMIT FOR A HOSPITAL R06871044
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of First Hospital
Development Corporation for a Conditional Use
Permit for a hospital at the northeast corner of
First Colonial Road and Old Donation Parkway. Said
parcel is located at 1100 First Colonial Road and
contains 3.33 acres. Plats with more detailed
information are available in the Department of
Planning. LYNNHAVEN BOROUGH.
The following conditions are required:
1. City Water and sewer
2. Automatic sprinkler system and an automatic fire
alarm system meeting the approval of the Fire
Department.
3. A right-turn lane eighty feet (801) in length with
an eighty-foot (801) transition is to be installed
on First Colonial Road at the entrance, (subject to
Staff review at Site Plan approval).
4. No additional entrance will be allowed on First
Colonial Road.
5. A one-foot (11) dedication of right-of-way is
required along the frontage of First Colonial Road
forty-six feet from the centerline of the existing
ninety-foot (901) right-of-way to provide for an
ultimate four lane divided ninety-two-foot (921)
road as per the Master Street and Highway Plan.
6. Adequate parking shall be on site.
7. If parking becomes inadequate, the recreation area
will be available for additional parking.
- 25 -
Item IV-G.l.e.
PUBLIC HFARING
PLANNING TTEM # 27446 (Continued)
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the First
day of June, Nineteenth Hundred and Eighty-seven.
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
- 26 -
Item IV-G.l.f.
PUBLIC HEARING
PLANNING ITEM # 27447
Attorney R. J. Nutter, 2809 South Lynnhaven Road, Phone: 431-3100, represented
the applicant
The City Clerk referenced letter of May 27, 1987, from the City Manager and a
letter from Attorney R. J. Nutter requesting the application of E.S.G.
Enterprises requesting that the application for a change of zoning on a four-
acre parcel on Holland Road be expedited as this parcel is adjacent to the
applications to be considered on this date, June 1, 1987.
The City Manager advised as these Changes of Zoning are being DEFERRED for a
week, this consideration for Expedition could also be DEFERRED.
Upon motion by Councilwoman McClanan, seconded by Councilman Moss, City Council
DEFERRED one week until the City Council Meeting of June 8, 1987, Ordinances
upon application of E. S. G. ENTERPRISES for Changes of Zoning:
ORDINANCE UPON APPLTCATION OF E. S. G. ENTERPRISES,
INC. FOR A CIIANGE OF ZONING DISTRICT CLASSIFICATION
FROM AG-1 TO R-8
Ordinance upon application of E. S. G. Enterprises,
Inc. for a Change of Zoning District Classification
from AG-1 Agricultural District to R-8 Residential
District on certain property located 60 feet west
of Holland Road, 4715 feet more or less south of
North Landstown Road. Said parcel contains 31
acres. Plats with more detailed information are
available in the Department of Planning. PRINCESS
ANNE BOROUGH.
A N D,
ORDINANCE UPON APPLICATION OF E. S. G. ENTERPRISES,
INC. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION
FROM AG-2 TO R-8
Ordinance upon application of E.S.G. Enterprises,
Inc. for a Change of Zoning District Classification
from AG-2 Agricultural District to R-8 Residential
District on certain property located on the west
side of Holland Road, 4965 feet south of North
Landstown Road. Said parcel contains 6.52 acres.
Plats with more detailed information are available
in the Department of Planning. PRINCESS ANNE
BOROUGH.
This item was DEFERRED to enable staff review of the AGREEMENT, as same had
just been received. Said Agreement would proffer in writing that all
requirements of the Back Bay/North Landing River Management Plan are being
adhered to as well as the Best Management Practices.
- 27 -
Item IV-G.l.f
PLANNING
PUBLIC HEARING Item # 27447 (Continued)
Voting: 10-0
Council Members Voting 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 received a contribution from E.S.G.
Companies
This item was brought forward on the Planning Agenda.
- 28 -
Item IV-G.l.g.
PUBLIC HEARING
PLANNING ITEM # 27448
The following spoke in favor of the application:
Gale M. Levine, 127 S. Ridgeley Point, Norfolk,Phone: 489-2596, the applicant,
represented herself and presented an agreement of conditions which will govern
the development of approximately 59 acres. Gale Levine had advised since
Thanksgiving Meetings had been held with Members of the Planing Staff, the
City Engineering Department, the City Attorney's Office, and various Civic
Legues within her area as well as any interested individual. Gale Levine
advised she possessed the endorsements of the Planning Staff, the Planning
Commission and the Cape Henry Shores, Cape Story by the Sea and Lynnhaven
Colony Civic Leagues. This property shall be didvided into three sections.
Along the southern side of the property along Long Creek, a marina oriented
complex will be developed. Directly north of the Marina facility, a luxury
apartment complex will be developed with a restriction of 24-units per acre.
Along the western side of relocated Great Neck Road all of the property will
be developed as a commercial complex.
Captain Les Fenlon, 2224 Scallop Road, Phone: 481-2501, President of the
Lynnhaven Colony Civic League
Richard L. Brothers, 2214- B Sandalwood Road, Phone: 481-6155, President of the
Cape Story by the Sea Civic Association
Rocco J. Lassiter, 241 Southgate Avenue, Phone: 490-9221, represented the
business community and have a financial interest in 28 individual residents.
Mr. Lassiter recently purchased 2/3 of the waterfront for a new subdivision on
Bay Island.
Commander Art Hawley, 2800 Powciana Drive, Phone: 496-0296, resident in the
southwest corner of Cape Story by the Sea.
Ron Makela, 2225 Wake Forest, Phone: 481-3183, Past President of the Cape Story
by the Civic Association, and was one of the individuals engaged in the
initial discussions with the Levine's.
Did not register in APPROVAL or OPPOSITION:
Michael Combs, 2200 Beech Street, expressed concern relative the Southeast
Quadrant as he believed this would be a retirement community only. Mr. Combs
also reiterated concern relative the buffer, as he had anticipated same would
be retained in its natural state
OPPOSITION:
Glenn A. Huff, 2133 Windward Shore Drive, Bay Island, Phone: 481-0589, Vice
President of the Bay Island Civic League, expressed concern relative density
and the number of ambiguities that exist in the plans. Mr. Huff expressed
apprehension relative the already congested boat traffic.
Edward E. Cunningham, 2016 Bay Road, Phone: 481-6834, represented the Broad Bay
Civic League and presented a petition in OPPOSITION (Said petition is hereby
made a part of the record).
Richard Short, 2105 Windward Shore Drive, Phone: 481-3549, President of Broad
Bay Civic League, advised the various votes of the Civic Leagues: Against:
Alanton, Baycliff, Bay Island, Cheslea and Great Neck; Abstained: States,
First Colonial, North Alanton and Woodhurst; For: Bay Shore, Cape Story and
Lynnhaven Colony.
Glenn M. Hicks, 2231 Beech Sreet, Phone: 481-3383, adjacent landowner expressed
concern relative the useage of the Buffer Zone and the height of the buildings
as there will be no parking underneath as previously stated.
- 29 -
Item IV-G.l.g.(a).
PUBLIC HEARING
PLANNING ITEM # 27448 (Continued)
Upon motion by Cou-,icilman Balko, seconded by Councilman Perry, City Council
ADOPTED an Ordinance upon application of DAVID I. AND GALE M. LEVINE f or a
Change of Zoning:
ORDINANCE UPON APPLICATION OF DAVID I. & GALE M.
LEVINE FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM A-1 TO A-4 Z06871154
Ordinance upon application of David I. & Gale M.
Levine for a Change of Zoning District
Classification from A-1 Apartment District to A-4
Apartment District on the following parcels:
Parcel 1: Located 1000 feet more or less south of
Shore Drive beginning at a point 1000 feet more or
less east of North Great Neck Road.
Parcel 2: Located 1625 feet more or less south of
Shore Drive beginning at a point 1000 feet more or
less east of North Great Neck Road. Said parcels
contain 22.002 acres. Plats with more detailed
information are available in the Department of
Planning. LYNNHAVEN BOROUGH.
The following conditions shall be required:
1. Recordation of deed restrictions limiting density
to twenty-four units per acre and limiting building
heights to sixty-five feet (65') on the A-4 zoned
parcels.
2. Retention ol- the seventy-five-foot (751) wide
buffer zone adjacent to the existing residential
neighborhood along the eastern portion of the site.
3. Deed to the City of Virginia Beach all the twelve
acres, more or less, of Chesapeake Bayfront
property as shown on Exhibit B.
4. The applicant agrees to have rezoned by the City
the area labeled as Parcel 1 (referenced Exhibit
A) to P-1 Preservation District.
5. Utilization of BMP's that are reasonably applicable
to this development. BMP's to be determined during
detailed development review.
6. "Fitness centers" shall be rephrased to "individual
fitness stations not to exceed three exercises per
station" in the Agreement dated May 28, 1987, (Page
5, Paragraph 4).
7. In the event the property shall be used for a
Marina, there shall be no access to the Marina by
the City's haul road.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the First
day of June, Niiieteenth Hundred and Eighty-seven.
- 30 -
Item IV-G.l.g.(a)
PUBLIC HEARING
PLANNING ITEM # 27448 (Continued)
Voting: 7-4
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones and John L. Perry
Council Members Voting Nay:
Reba S. McClanan, John D. Moss, Vice Mayor Meyera E.
Oberndorf and Nancy K. Parker
Council Members Absent:
None
- 31
Item IV-G.l.g.(b).
PUBLIC HEARING
PLANNING ITF14 # 27448 (Continued)
Upon motion by Councilman Balko, seconded by Councilman Perry, City Council
ADOPTED an Ordinance upon application of DAVID I. AND GALE M. LEVINE for a
Change of Zoning:
ORDINANCE UPON APPLICATION OF DAVID I. & GALE M.
LEVINE FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM A-1 TO B-2 Z06871155
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of David I. & Gale M.
Levine for a Change of Zoning District
Classification froin A-1 Apartment District to B-2
Community-Business District on the following
parcels:
Parcel 1: Located 1075 feet more or less south of
7
Shore drive beginning at a point 400 feet east of
North Great Neck Road.
Parcel 2: Located 1600 feet more or less south of
Shore Drive beginning at a point 410 feet east of
North Great Neck Road.
Parcel 3: Located 2375 feet more or less south of
Shore Drive beginning at a point 1000 feet more or
less east of North Great Neck Road.
Parcel 4: Located 2600 feet more or less South of
Shore Drive beginning at a point 1950 feet more or
less east of North Great Neck Road.
Said parcels contain 11.753 acres. Plats with more
detailed information are available in the
Department of Planning. LYNNIIAVEN BOROUGH
The following conditions shall be required:
1. Recordation of deed restrictions limiting density
to twenty-four units per acre and limiting building
heights to sixty-five feet (65') on the A-4 zoned
parcels.
2. Retention of the seventy-five-foot (75') wide
buffer zone adjacent to the existing residential
neighborliood along the eastern portion of the site.
3. Deed to the City of Virginia Beach all the twelve
acres, more or less, of Chesapeake Bayfront
property as shown on Exhibit B.
4. The applicant agrees to have rezoned by the City
the area labeled as Parcel 1 (referenced Exhibit
A) to P-1 Preservation District.
5. Utilization of BMP's that are reasonably applicable
to this development. BMP's to be determined during
detailed development review.
6. "Fitness centers" shall be rephrased to "individual
fitness stations not to exceed three exercises per
station" in the Agreement dated May 28, 1987, (Page
5, Paragraph 4).
7. In the event the property shall be used for a
Marina, there shall be no access to the Marina by
the City's haul road.
- 32 -
Item IV-G.l.g (b)
PLANNING
PUBLIC HEARING ITEM # 27448 (Continued)
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the First
da,y of June, Nineteenth Hundred and Eighty-seven.
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 X. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent;
None
- 33 -
Item IV-G.l.g.(c)
PUBLIC HEARING
PLANNING
Upon motion by Councilman Balko, seconded by Councilman Perry, City Council
ADOPTED an Ordinance upon application of DAVID I. AND GALE M. LEVINE for a
Change of Zoning:
ORDINANCE UPON APPLICATION OF DAVID I. & GALE M.
LEVINE FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM B-2 TO A-4 zo6871156
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of David I. & Gale M.
Levine for a Change of Zoning District
Classification from B-2 Community-Business District
to A-4 Apartment District on certain property
located 475 feet more or less south of Shore Drive
beginning at a point 950 feet more or less east of
North Great Neck Road. Said parcel contains 8.329
acres. Plats with more detailed information are
available in the Department of Planning. LYNNHAVEN
BOROUGH.
The following conditions shall be required:
1. Recordation of deed restrictions limiting density
to twenty-four units per acre and limiting building
heights to sixty-five feet (65') on the A-4 zoned
parcels.
2. Retention of the seventy-five-foot (75') wide
buffer zone adjacent to the existing residential
neighborhood along the eastern portion of the site.
3. Deed to the City of Virginia Beach all the twelve
acres, more or less, of Chesapeake Bayfront
property as shown on Exhibit B.
4. The applicant agrees to have rezoned by the City
the area labeled as Parcel 1 (referenced Exhibit
A) to P-1 Preservation District.
5. Utilization of BMP's that are reasonably applicable
to this development. BMP's to be determined during
detailed development review.
6. "Fitness centers" shall be rephrased to "individual
fitness stations not to exceed three exercises per
station" in the Agreement dated May 28, 1987, (Page
5, Paragraph 4).
7. In the event the property shall be used for a
Marina, there shall be no access to the Marina by
the City's haul road.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the First
day of June, Nineteenth Hundred and Eighty-seven.
- 34 -
Item IV-G.l.g (e)
PUBLIC HEARING
PLANNING ITEM # 27448 (Continued)
Voting: 7-4
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones and John L. Perry
Council Members Voting Nay:
Reba S. McClanan, John D. Moss, Vice Mayor Meyera E.
Oberndorf and Nancy K. Parker
Council Members Absent:
None
- 35 -
Item IV-G.l.g.(d)
PUBLIC HEARING
PLANNING ITFM # 27448 (Continued)
Upon motion by Councilman Balko, seconded by Councilman Perry, City Council
ADOPTED an Ordinance upon application of D"ID I. AND GALE M. LEVINE f or a
Change of Zoning:
ORDINANCE UPON APPLICATION OF DAVID I. & GALE M.
LEVINE FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM R-6 to B-2 Z06871157
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACHY VIRGINTA
Ordinance upon application of David I. & Gale M.
Levine for a Change of Zoning District
Classification from R-6 Residential District to B-2
Community-Business District on certain property
located 2600 feet more or less south of Shore Drive
beginning at a point 2300 feet more or less east
of North Great Neck Road. Said parcel contains
1.228 acres. Plats with more detailed information
are available in the Department of Planning.
LYNNHAVEN BOROUGH.
The following conditions shall be required:
1. Recordation of deed restrictions limiting density
to twenty-four units per acre and limiting building
heights to sixty-five feet (65') on the A-4 zoned
parcels.
2. Retention of the seventy-five-foot (75') wide
buffer zone adjacent to the existing residential
neighborhood along the eastern portion of the site.
3. Deed to the City of Virginia Beach all the twelve
acres, more or less, of Chesapeake Bayfront
property as shown on Exhibit B.
4. The applicant agrees to have rezoned by the City
the area labeled as Parcel 1 (referenced Exhibit
A) to P-1 Preservation District.
5. Utilization of BMP's that are reasonably applicable
to this development. BMP's to be determined during
detailed development review.
6. "Fitness centers" shall be rephrased to "individual
fitness stations not to exceed three exercises per
station" in the Agreement dated May 28, 1987, (Page
5, Paragraph 4).
7. In the event the property shall be used for a
Marina, there shall be no access to the Marina by
the City's haul road.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the First
day of June, Nineteenth Hundred and Eighty-seven.
- 36 -
Item IV-G.l.g.(d)
PUBLIC HEARING
PLANNING ITEM # 27448 (Continued)
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, John D. Moss, Vice Mayor Meyera E. Oberndorf,
Nancy K. Parker and John L. Perry
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
None
- 37 -
Item IV-G.l.h.
PUBLIC HEARING
PLANNING ITEM # 27449
Curtis White, the applicant represented himself, and advised the Navy has
withdrawn its OPPOSITION
Upon motion by Councilman Balko, seconded by Councilman Fentress, City Council
APPROVED for Compliance of Conditions in 180 days (City Council Meeting of
December 7, 1987), an Ordinance upon application of CURTIS E. & NANCY C. WHITE
for the discontinuance, closure and abandonment of a portion of Marshview
Drive.
Application of Curtis E. & Nancy C. White for the
discontinuance, closure and abandonment of a
portion of Marshview Drive beginning at the
southern boundary of Preserve Drive and running in
a southerly direction a distance of 100 feet. Said
parcel is 50 feet in width and contains 5000 square
feet. Plats with more detailed information are
available in the Department of Planning. LYNNHAVEN
BOROUGH.
The following conditions shall be required:
1. The ultimate disposition of this right-of-way shall
be by purchase rather than direct conveyance,
subject to determination by the City Attorney's
Office.
2. Resubdivision of the property and vacation of
internal lot lines to incorporate the closed area
into adjoining parcels, as well as to insure that
all lots have access to a public street.
3. Dedication of a utility easement as determined by
the Department of Public Utilities over the water
line located along Marshview Drive.
4. Closure of this right-of-way shall be contingent
upon compliance with the above conditions within
180 days of the approval by City Council.
Voting: 10-0
Council Members Voting 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 Absent:
Harold Heischober
ORDINANCE IqO.
IN THE MATTER OF CLOSING, VACATING AND
DISCONTINUING A PORTION OF THAT CERTAIN
STREET, KNOWN AS MARSHVIEW DRIVE, AS SHOWN
UPON THAT CERTAIN PLAT ENTITLED, "STREET
CLOSURE PLAT 50' x 100, PORTION OF
MARSHVIEW DRIVE ADJOINING AND ADJACENT TO
LOT 1, BLOCK 15, AND LOT 24, BLOCK 14
LAKEVIEW MB 7 P 131, NOW KNOWN AS SALT
MARSH POINT, LYNNHAVEN BOROUGH, VIRGINIA
BEACH, VIRGINIA."
WHEREAS, it appearing by affidavit that proper
notice has been given by CURTIS E. WHITE and NANCY C. WHITE,
that they would make application to the Council of the City of
Virginia Beach, Virginia, on J@-ary- 26 1 1987, to have
a portion of the hereinafter described street discontinued,
closed, and vacated; and
WHEREAS, it is the judgment of the Council that
the portion of said street be discontinued, closed, and vacated;
NOW THEREFORE,
SECTION I
BE IT ORDAINED by the Council of the City of
Virginia Beach, Virginia, that the hereinafter described street
be discontinued, closed, and vacated:
TIiAT CERTAIN portion of MARSHVIEW DRIVE a
50' right-of-way (formerly Charleston
Avenue) lying south of Preserve Drive
(formerly Tenth Street), beginning at a
point located at the intersection of the
Western right-of-way line of Marshview Drive
and the Southern right-of-way line of
Preserve Drive, which point is the Northeast
corner of Lot 24, Block 14, Lakeview (M.B.
7, P. 131), now known as Salt Marsh Point,
thence from said point of beginning S 831
24' 21" E. a distance of 50.00 feet to a
point on the eastern right-of-way line of
Marshview Drive; thence S 061 351 39" W a
distance of 100.00 feet along the eastern
right-of-way line of Marshview Drive to a
point, thence N 831 24' 21" W a distance of
50.00 feet to a pin at the southeast corner
of Lot 24, Block 14, Lakeview; thence N 061
35' 39" E a distance of 100.00 feet along
the western right-of-way line of Marshview
Drive to the Point of Beginning as shown on
that certain plat entitled "STREET CLOSURE
PLAT, 50' x 100' PORTION OF MARSHVIEW DRIVE
ADJOINING AND ADJACENT TO LOT 1, BLOCK 15
and LOT 24, BLOCK 14 LAKEVIEW," dated
October 15, 1986, and prepared by Gallup
Surveyors & Engineers, Ltd.
-1-
Said parcel of land being a portion of Marshview Drive as
indicated on that certain street closure plat of property to
be vacated adjoining and adjacent to Lot 1, Block 15 and Lot
24, Block 14 Lakeview, Lynnhaven Borough, Virginia Beach,
Virginia, which plat is to be recorded in the Clerk's Office
of the Circuit Court of the City of Virginia Beach, Virginia,
upon adoption of this ordinance, and which is made a part
hereof by reference.
SECTION II
A certified copy of this Ordinance shall be
filed in the Office of the Circuit Court of the City of
Virginia Beach, Virginia, and indexed in the name of the City
of Virginia Beach as Grantor.
SECTION III
This Ordinance shall be effective sixty
(60 ) days from the date of its adoption.
0014i
-2-
- 38 -
Item IV-G.l.i.
PUBLIC HEARING
PLANNING ITEM # 27450
Bernice Marr Atkins, 1705 Maycraft Road, Phone: 464-9433, Recreational Vehicle
Owner spoke in OPPOSITION to the proposed Ordinance.
Upon motion by Councilwoma,@i McClanan, seconded by Councilman Fentress, City
Council DEFERRED until the City Council Meeting of June 22, 1987:
Ordinance to AMEND and REORDAIN Article 2, Section
233(c) of the Comprehensive Zoning Ordinance'
pertaining to Recreational Campgrounds.
Councilman Fentress advised this Ordinance resulted from a complaint by Ron
Earley of KOA. The only change in said Ordinance which used to state "short
term" is the substituted verbiage "for continuous periods not in excess of
twenty-eight (28) days." This Ordinance is strictly defining "short term".
The DEFERRAL will allow the Staff to review the entire Ordinance and determine
if the City should be involved in regulating the length of time transportable
recreational housing might stay at a Recreational Campground.
Councilwoman McClanan referenced the possible substitution of the words "for
continuous period not in excess of twenty-eight (28) days" for the words "in
periods to be determined by the individual campground owner."
Councilwoman McClanan requested the Zoning Administrator not enforce said
Ordinance until City Council has resolved the situation.
Councilman Moss requested a report relative the application of revenue laws to
individuals who stay protracted periods of time.
Voting: 10-0
Council Members Voting 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 Absent:
Harold Ileischober
- 39 -
Item IV-H.1
ORDINANCES ITEM # 27451
Upon motion by Vice Mayor Oberndorf, seconded by Councilwoman Parker, City
Council ADOPTED, upon SECOND RFADING:
Ordinance to appropriate $25,200 to operate a
t'Pilot" Day Camp for Children of Municipal
Employees.
Voting: 9-0
Council Members Voting Aye:
Albert W. Balko, Robert E. Fentress, Barbara M.
Henley, Mayor Robert G. Jones, Reba S. McClanan, John
D. Moss, Vice Mayor Ileyera E. Oberndorf, Nancy K.
Parker and John L. Perry
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum and Harold Heischober
AN ORDINANCE TO APPROPRIATIK $25,200
TO OPERATED A "PILOT" DAY CAMP FOR
CHIIJ)REN OF MUNICIPAL EMPLOYEES
WHEREAS, the completion of the Child DeveloDment Study illustrated the need
for programs which address the "latc -key' childr.. issue, and
WHEREAS, the Department of Personnel surveyed the employee population to
determine the need for a school-age child care program near the municipal
complex, and
WHERF-AS, the response was positive, with 65% needing 7 - 10 weeks of child
care for the summer, and
WHEREAS, the time constraints in developing a program for the summer of
1987, precluded contracting with a private vendor, and
WHERF-AS, the Department of Parks and Recreation in conjunction with the
Department of Social Services, could as an extension of its regular day camp
programs offer a quality recreational based child care program, and
WHEREAS, this program is a pilot program which will be evaluated upon
completion as to the success and potential for continuance as a year round
program, and
WHEREAS, the projected expenditures of the program will not exceed the
$25,200 in anticipated fee revenues.
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA that a pilot child care program open only to municipal employees be
established by the Department of Parks and Recreation and that funds in the
amount of $25,200 be appropriated to support the operation of the program for the
summer of 1987,
BE IT FURTHER ORDAINED, that this program will be totally self-supporting.
This ordinance shall be effective from the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on the
First day of June 1987.
First Reading: Mav 18- lgA7
Second Reading: June 1, 1987
APPftOVED AS TO CONTENT
5IGNA@URE
DEPARTMENT
CSR/4 DCAREORD
- 40 -
Item IV-H.2
ORDINANCES ITEM # 27451
Upon motion by Councilman Fentress, seconded by Vice Mayor Oberndorf, City
Council ADOPTED:
Ordinance to AMEND and REORDAIN Section 2-411, 2-
412, and 2-413 of the Code of the City of Virginia
Beach, pertaining to Emergency Services Agency.
Voting: 10-0
Council Members Voting 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 Absent:
Harold Heischober
APPROVED AS TO CONTENTS
SIGNAliJREt
DifARTMENT
APPROVED AS TO LEGAL
SUFFICIEti,@Y AND FORM
Cl@ATTOOtNEY
1 AN ORDINANCE TO AMEND AND REORDAIN
2 SECTIONS 2-411, 2-412, and 2-413 OF
3 THE CODE OF THE CITY OF VIRGINIA
4 BEACH, PERTAINING TO EMERGENCY
5 SERVICES AGENCY
6
7
8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
9 BEACH, VIRGINIA:
10 That Sections 2-411, 2-412, and 2-413 of the Code of
11 the City of Virginia Beach are hereby amended and reordained to
12 read as follows:
13
14 ARTICLE XVIII. EMERGENCY
15 SERVIeBs-AGENey MANAGEMENT OFFICE
16
17
18
19 Section 2-411. Created; director; coordinator.
20
21 In accordance with section 44-146.19 of the Code of
22 Virginia, an agency office of emergency sery-ices management is
23 hereby created for and within the city. The city manager is
24 hereby appointed as director of emergency services management. A
25 coordinator shall be appointed by the director, with the consent
26 of council.
27
28 Section 2-412. General powers and duties of director.
29 (a) In collaboration with other public and private
30 agencies within the state, the director of emergency servieea
31 management shall develop or cause to be developed mutual aid
32 arrangements for reciprocal assistance in case of a disaster too
33 great to be dealt with unassisted.
34 (b) The director of emergency servi:ees management
35 shall prepare and keep current a local or interjurisdictional
36 emergency plan for the area. This shall include, but not be
37 limited to, responsibilities of all local agencies and shall
38 establish a chain of command.
39
40 Section 2-413. Declaration of emergencies.
41 A local emergency may be declared by the director of
42 emergency services management, with the consent of the council.
43 In the event the council cannot convene due to the disaster, the
44 director or any member of the council, in the absence of the
45 director, may declare the existence of a local disaster subject
46 to confirmation by the council at a special meeting within five
47 (5) days of the declaration. The council, when in its judgment
48 all emergency actions have been taken, shall take appropriate
49 action to end the declared emergency.
50 Adopted by the Council of the City of Virginia Beach,
51 Virginia, on the 1st day of June 1987.
52
53 WEB/epm
54 05/19/87
55 CA-02278
56 \ordin\proposed\02-41letc.pro
2
- 41 -
Item IV-I.l.
RESOLUTION ITEM # 27452
Upon motion by Councilwoman McClanan, seconded by Councilman Fentress, City
Council ADOPTED, AS AMENDED:
Resolution directing the Planning Commission to
consider a proposed amendment to Section 933 of the
Comprehensive Zoning Ordinance pertaining to sign
regulations in the B-4 Resort Commercial District.
Said Resolution shall be amended to " ... expedite the Planning Commission's
transmittal of its recomendation to the City Council as soon as legally
possible".
Said Motion shall also instruct the City Attorney's Office to investigate the
possiblity of DEFERRING applications relative the sign regulations in the B-4
Resort Commercial District until more definitive information is available.
Voting: 10-0
Council Members Voting 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 Absent:
Harold Heischober
1 A RESOLUTION REFERRING A PROPOSED AMENDMENT
2 TO SECTION 933 OF THE COMPREHENSIVE ZONING
3 ORDINANCE, PERTAINING TO SIGN REGULATIONS
4 IN THE B-4 RESORT COMMERCIAL DISTRICT, TO
5 THE PLANNING COMMISSION FOR RECONSIDERATION
6
7
8 WHEREAS, on May 12, 1987, the Planning Commission
9 deferred indefinitely consideration of and recommendation
10 concerning a proposed amendment to Section 933 of the
11 Comprehensive Zoning Ordinance, pertaining to sign regulations in
12 the B-4 Resort Commercial District; and
13 WHEREAS, on April 20, 1987, the City Council enacted
14 certain sign regulations pertaining to the other zoning districts
15 comprising the Resort Area, to-wit: the B-5 Resort Cormnercial
16 District, the H-2 Resort Hotel District and the C-1 Arts and
17 Conference District; and
18 WHEREAS, at the present time there exists a great
19 disparity between the sign regulations in the B-4 Resort
20 Commercial District and those of the other aforesaid Resort Area
21 zoning districts; and
22 WHEREAS, it is in the best interests of the City of
23 Virginia Beach that the City Council act upon the proposed B-4
24 sign regulations as soon as is lawful and feasible;
25 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
26 CITY OF VIRGINIA BEACH, VIRGINIA:
27 That the Planning Commission is hereby directed to
28 consider, at its next regular public hearing, the proposed
29 amendment to Section 933 of the Comprehensive Zoning ordinance
30 previously considered by it on May 12, 1987; and be it further
31 resolved,
32 That the Planning Commission is requested to take final
33 action upon said ordinance in lieu of further deferring the same,
3 4
35 and to expedite its transmittal of its recommendation to the City
36 Council as soon as legally possible.
37 Adopted by the Council of the City of Virginia Beach,
38 Virginia, this 1st day of June 1987 -
3 9
40 WMM/dhh
41 05/18/87
42 06/01/87
43
44
2
- 42 -
Item IV-J.
CONSENT AGENDA ITEM # 27453
Upon motion by Councilman Fentress, seconded by Councilman Baum, City Council
APPROVED in One Motion Items 1, 4, 5, 6, and 7 of the CONSENT AGENDA.
Items IV-J.2 and 3 were voted upon separately.
Voting: 10-0
Council Members Voting 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 Absent:
Harold Heischober
- 43 -
Item IV-J.1.
CONSENT AGENDA ITEM # 27454
Upon motion by Councilman Fentress, seconded by Councilman Baum, City Council
ADOPTED:
RESOLUTION IN RECOGNITION
Valinda Sue Carroll - Green Run High School
Voting: 10-0
Council Members Voting 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 Absent;
Harold Heischober
ION IN TION
TO
SUE CARROLL
Bducation is the basis upon .hich individuals shape
their lives, and perhaps the mst valuable of all education is the
ability to oneself do the thing that must be done when it olight to
be done, regardless of tinie or reason. The best and most lxnportant
part of education is that which one gives oneself. As @ acqliire more
knowledge, things do nDt beccme mare ccmprehensible, but more
mysterious,-
Virginia Beach ranks with the nation's best and abcve
niost educational systems. Citizens and their youth are better prepared
to nieet tcmorrow's challenges with 42.22% of the City's operating
budget allocated to education. The highest fumtion of teaching is in
st:Lmulating the pupil into the pursul-t of Rmwledge, belief in the
present and in opportunities, in the future and its prcrdses, as well
as in the divine joy of living; and,
: @ SLIE CARROLL, Green km Higb School, has a Grade
Point Average of 3.5476 and an SAT Score of 1350. Valinda also has an
Advanced PlacEment in Studio Art. Valirida is a Semi-Finalist in the
Negro Program of the Naticnal Merit Scholarship. She received the
President's Acaderftic Fitness @d. @e is a of the National
1-bnor Society, International @spian Society, @err-h Club (Reporter
and Historian), Art Club (Treasurer), Spirit Club, Historical Society,
Year.boc)k Staff (Academices EUitor) and the Poers Club. Valinda hopes
to study @cial Art at Pbrth@stern University. Her Guidance
Cbunsellor stated: is a very talented artist".
NC7A, @RE, BE IT RESOLVED: 'Ihe Virginia Beach City (buncil,
which is very proud of the City's school system that has contributed
much to the @ity of life ve prize so highly, pauses in its
deliberations to recognize the outstanding educational achievements of:
Given under my hand and seal,
tbis First Day of June,
Nineteen Hundred and Eighty-Seven
Mayor
Item IV-J.2.
CONSENT AGENDA ITEM # 27455
Gary Jones, Assistant Director of Public Utilities, responded to Ciy Council
inquiries and advised the Force Main design was in accordance with the
Comprehnesive Zoning Ordinance. The Force Main and the Pump Station are sized
for Foxfire, the two schools and the City Garage facility at Leroy Drive.
Upon motion by Councilman Moss, seconded by Councilman Fentress, City Council
DEFERRED for one week until the City Council Meeting of June 8, 1987:
Ordinance to authorize and direct the City Manager
to execute a cost participation agreement with
Urban Associates - Foxfire for Capital Project 6-
316.
This DEFERRAL will enable the Attorney representing the City on the downzoning
issue to determine if there is any potential liability or disadvantage that
this improvement may pose to pending litigation on September 30, 1987.
Voting: 10-0
Council Members Voting 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 Absent:
Harold Heischober
Requested by: Department of Hou5ing and Community Development
ORDINANCE TO APPLY FOR RENTAL REHABILITATION FUNDS FROM
THE U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
WHEREAS, Section 17 of the United States Housing Acf of 1937
established the Rental Rehabilitation Program providing for rental
rehabilitation assistance; and
WHEREAS, this program provides grants to States and units of general
local government to help support the rehabilitation of privately owned
real property to be used for residential rental purposes; and
WHEREAS, this program is designed to Increase the supply of standard
housing units affordable to lower Income families; and
WHEREAS, the City of Virginia Beach has developed a Rental
Rehabilitation Program and has structured the necessary mechanisms for
Implementation in compliance with federal and local directives; and
WHEREAS, the City of Virginia Beach has received a total Rental
Rehabilitatlon Grant of $309,100 for fiscal years 1984-85, 1985-86 and
1986-87 and Is in the process of Implementing this program; and
WHEREAS, the City of Vlrginia Beach desires to Initiate an
application for Rental Rehabflitation Program funds In the amount of
$165,000, which have been allocated to the City to continue Rental
Rehabilitation Program activities.
NOW, THERERORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That the City Manager is hereby authorized and directed to cause such
Information or materials, as may be necessary, to be provided to the U. S.
Department of Housing and Urban Development to permit the review, approval
and funding of the City's Rental Rehabilitation Grant Application.
AND BE IT FURTHER ORDAINED, that the Council of the City of Virginia
Beach gives Its assurance that the Intent of the Act will be complied with
In full.
AND BE IT FURTHER ORDAINED, that the Department of Housing and Urban
Development Is respectfully requested to assist In the prompt approval and
funding of the subject program In order that the public Interest of this
City may be best protected.
Adopted by the Council of the City of Virginia Beach, Virginia on
this 1st day of June 1987.
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
Mary @. Ustick, Director City Attorney
Department of Housing and
Community Development
- 46 -
Item IV-J-4-
CONSENT AGENDA ITEM # 27457
Upon motion by Councilman Fentress, seconded by Vice Mayor Oberndorf, City
Council ADOPTED:
Ordinance to authorize a temporary encroachment
into a portion of the City's rights-of-way of
Atlantic Avenue, 16th Street and Ocean Avenue to
James H. Capps t/a The Breakers Resort Inn, his
heirs, assigns and successors in title (Virginia
Beach Borough).
The following conditions shall be required:
1. The owner agrees to remove the encroahcment when
notified by the City of Virginia Beach, at no
expense to the City.
2. The owner agrees to keep and hold the City free and
harmless of any liability as a result of the
encroachment.
3. The owner agrees to maintain said encroachment so
as not to become unsightly or a hazard.
4- Prior to any construction within the existing
public right-of-way, the owner or his agent shall
obtain a permit from the Highway Inspections
Bureau.
5. Prior to issunace of a Highway permit, the owner or
his agent must post a Performance Bond and show
proof of public liability (minimum $300,000).
Voting: 10-0
Council Members Voting 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 Absent:
Harold Heischober
1 Requested by Department of Public Works
2
3 AN ORDINANCE TO AUTHORIZE
4 A TEMPORARY ENCROACHMENT
5 INTO A PORTION OF THE
6 CITY'S RIGHTS-OF-WAY OF
7 ATLANTIC AVENUE, 16TH
8 STREET AND OCEAN AVENUE
9 TO JAMES H. CAPPS T/A THE
10 BREAKERS RESORT INN, HIS
11 HEIRS, ASSIGNS AND
12 SUCCESSORS IN TITLE
13
14 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
15 BEACH, VIRGINIA:
16 That pursuant to the authority and to the extent
17 thereof contained in Section 15.1-893, Code of Virginia, 1950, as
18 amended, James H. Capps t/a The Breakers Resort Inn, his heirs,
19 assigns and successors in title are authorized to construct and
20 maintain a temporary encroachment into the rights-of-way of
21 AtlantiC Avenue, 16th Street and Ocean Avenue.
22 That the temporary encroachment herein authorized is
23 for the purpose of constructing and maintaining a private
24 irrigation system and that said encroachment shall be constructed
25 and maintained in accordance with the City of Virginia Beach
26 Public WorkS Department's specifications as to size, alignment
27 and location, and further that such temporary encroachment is
28 more particularly described as follows:
29
30 An area of encroachment into a
31 portion of the City's rights-of-way
32 known as Atlantic Avenue, 16th
33 Street and Ocean Avenue as shown on
34 that certain plat entitled:
35 "PROPOSED IRRIGATION PLAN FOR THE
36 BREAKERS," a copy of which is on
37 file in the Department of Public
38 Works and to which reference is
39 made for a more particular
40 description.
41
42 PROVIDED, HOWEVER, that the temporary encroachment
43 herein authorized shall terminate upon notice by the City of
44 Virginia Beach to James H. Capps t/a The Breakers Resort Inn, his
45 heirs, assigns and successors in title and that within thirty
46 (30) days after such notice is given, said encroachment shall be
47 removed from the City's rights-of-way of Atlantic Avenue, 16th
48 Street and Ocean Avenue and that James H. Capps t/a The Breakers
49 Resort Inn, his heirs, assigns and successors in title shall bear
50 all costs and expenses of such removal.
51 AND, PROVIDED FURTHER, that it is expressly understood
52 and agreed that James H. Capps, t/a The Breakers Resort Inn, his
53 heirs, assigns and successors in title shall indemnify and hold
54 harmless the City of Virginia Beach, its agents and employees
55 from and against all claims, damages, losses and expenses
56 including reasonable attorney's fees in case it shall be
57 necessary to file or defend an action arising out of the location
58 or existence of such encroachment.
59 AND, PROVIDED FURTHER, that this ordinance shall not be
60 in effect until such time that James H. Capps t/a The Breakers
61 Resort Inn executes an agreement with the City of Virginia Beach
62 encompassing the afore-mentioned provisions.
63 Adopted by the Council of the City of Virginia Beach,
64 Virginia, on the 1st day of June 1 9 87
65
66
67 JAS/ih
68 04/24/87
69 04/28/87
70 CA-87-02251
71 (encroach\breakers.ord)
-A'PPROVED AS TO CONTENT
SIGNAfURE
DEPARTMINT
2
THIS AGREEMENT, made this day of
19 by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a
municipal corporation, party of the first part, and JAMES H. CAPPS
T/A THE BREAKERS RESORT INN, HIS HEIRS, ASSIGNS AND SUCCESSORS IN
TITLE, party of the second part.
W I T N E S E T H:
That, WHEREAS, it is proposed by the party of the second
part to construct and maintain a private irrigation system to serve
the lawn around The Breakers Resort Inn in the City of Virginia
Beach; and
WHEREAS, in constructing and maintaining such a private
irrigation system, it is necessary that the said party of the second
part encroach into a portion of existing City rights-of-way known as
Atlantic Avenue, 16th Street and Ocean Avenue; an@ said party of the
second part has requested that the party of the first part grant a
temporary encroachment to facilitate such a private irrigation system
within a portion of the City's rights-of-way known as Atlantic
Avenue, 16th Street and Ocean Avenue.
NOW, THEREFORE, for and in consideration of the premises
and of the benefits accruing or to accrue to the party of the second
part and for the further consideration of One Dollar ($1.00), in hand
paid, to the said party of the first part, receipt of which is hereby
acknowledged, the party of the first part doth grant to the party of
the second part a temporary encroachment to use a portion of the
city's rights-of-way known as Atlantic Avenue, 16th Street and Ocean
Avenue for the purpose of constructing and maintaining such a private
irrigation system.
it is expressly understood and agreed that such temporary
encroachment will be constructed and maintained in accordance with
the laws of the Commonwealth of Virginia and the City of Virginia
Beach, and in accordance with the City of Virginia Beach Public Works
Department's specifications and approval as to size, alignment and
location and is more particularly described as follows, to wit:
An area of encroachment into a portion
of the City's rights-of-way known as
Atlantic Avenue, 16th Street and ocean
Avenue as shown on that certain plat
entitled: "PROPOSED IRRIGATION PLAN
FOR THE BREAKERS," 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
temporary encroachment herein authorized shall terminate upon notice
by the City of Virginia Beach to the party of the second part, and
that within thirty (30) days after such notice is given, such
temporary encroachment shall be removed from the City's rights-of-way
known as Atlantic Avenue, 16th Street and ocean Avenue by the party
of the second part; and that the party of the second part shall bear
all costs and expenses of such removal.
it is further expressly understood and agreed that the
party of the second part shall indemnify and hold harmless the City
of Virginia Beach, its agents and employees, from and against all
claims, damages, losses and expenses including reasonable attorney's
2
fees in case it shall be necessary to file or defend an action
arising out of the location or existence of such temporary
encroachment.
It is further expressly understood and agreed that nothing
herein contained shall be construed to enlarge such permission and
authority to permit the maintenance or construction of any
encroachment other than that specified herein and to the limited
extent specified herein, nor to permit the maintenance and
construction of any encroachment by anyone other than the party of
the second part.
It is further expressly understood and agreed that the
party of the second part must obtain a permit from the
Highway Inspections Bureau prior to commencing any construction
within the City's rights-of-way.
It is further expressly understood and agreed that prior to
issuance of a Highway permit, the party of the second part must post
a Performance Bond and show proof of public liability insurance of a
minimum of Three Hundred Thousand Dollars ($300,000.00).
It is further expressly understood and agreed that the
party of the first part, upon revocation of such authority and
permission so granted, may remove any such encroachment and charge
the cost thereof to the party of the second part, and collect the
cost in any manner provided by law for the collection of local or
state taxes; may require the party of the second part to remove such
temporary encroachment; and pending such removal, the party of the
first part may charge the party of the second part compensation for
3
the use of such portion of the City's rights-of-way encroached upon
the equivalent of what would be the real property tax upon the land
so occupied if it were owned by the party of the second part; and if
such removal shall not be made within the time ordered hereinabove by
this Agreement, the city shall impose a penalty in the sum of One
Hundred Dollars ($100.00) per day for each and every day that such
encroachment is allowed to continue thereafter, and shall collect
such compensation and penalties in any manner provided by law for the
collection of local or state taxes.
CITY OF VIRGINIA BEACH
By
City Manager
(SEAL)
ATTEST:
City Clerk
JAMES H. CAPPS T/A
THE BREAKERS RESORT INN
@,ROVED AS TO CONTEit ii
GN T Ri By
J46es H. Capps
DEPARTMENT
APPROVED AS TO LEGAL
SUFFICIENCY AND
,@, i@, , S) c@@, - --- @
CITY AT'
4
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, a Notary Public
in and for the City and State aforesaid, do hereby certify that
THOMAS H. MUEHLENBECK, City Manager for the CITY OF VIRGINIA BEACH,
whose name is signed to the foregoing Agreement bearing date on the
day of 1 19 has acknowledged the same
before me in my City and State aforesaid.
GIVEN under my hand this day of 19
Notary Public
My Commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, a Notary Public in
and for the City and State aforesaid, do hereby,certify that RUTH
HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH, whose name
is signed to the foregoing Agreement bearing date on the _ day of
, 19 _, has acknowledged the same before me in my
City and State aforesaid.
GIVEN under my hand this day of
19
Notary Public
My commission Expires:
5
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
a Notary Public in
and for the City and State aforesaid, do hereby certify that James
H. Capps T/A The Breakers Resort Inn, whose name is signed to the
foregoing writing, bearing date the day of
19 has acknowledged the same before me
in my City and State aforesaid.
Given under my hand this
:7- day of
i 9@.
-Nb@a@ @i.@l,c
My Commission Expires:@
JAS/ih
04/24/87
04/28/87
CA-87-2251
(encroach\Breakers.agr)
6
- 47 -
Item IV-J-5-
CONSENT AGENDA ITEM # 27458
Upon motion by Councilman Fentress, seconded by Vice Mayor Oberndorf, City
Council ADOPTED:
Ordinance to authorize a temporary encroachment
into a portion of the City's Property known as Lake
Joyce and twenty-foot (20) strip surrounding Lake
Joyce to Robert F. and Jeanette T. Hedrick, their
heirs, assigns and successors in title (Bayside
Borough).
The following conditions shall be required:
1. The owner agrees to remove the encroachment when
notified by the City of Virginia Beach, at no
expense to the City.
2. The owner agrees to keep and hold the City free and
harmless of any liability as a result of the
encroachment.
3. The owmer agrees to maintain said encroachment so
as not to be come unsightly or a hazard.
4. The owner must obtain a Waterfront Construction
Permit and a Building Permit.
Voting: 10-0
Council Members Voting 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 Absent:
Harold Heischober
.4PPROVED AS TO CONTENT
SIGt4ATLJP,E
DEPARTMENT;
API JVEI) A's TO@FORM
V I SIGNATk'P;-
Cl FY @,.ITC@NEY
1 Requested by Department of Public Works
2
3 AN ORDINANCE TO AUTHORIZE
4 A TEMPORARY ENCROACHMENT
5 INTO A PORTION OF THE
6 CITY'S PROPERTY KNOWN AS
7 LAKE JOYCE AND 20 FOOT
8 STRIP SURROUNDING LAKE
9 JOYCE TO ROBERT F.
10 HEDRICK AND JEANETTE T.
11 HEDRICK, THEIR HEIRS,
12 ASSIGNS AND SUCCESSORS IN
13 TITLE
14
15 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
16 BEACH, VIRGINIA:
17 That pursuant to the authority and to the extent
18 thereof contained in Section 15.1-893, Code of Virginia, 1950, as
19 amended, Robert F. Hedrick and Jeanette T. Hedrick, husband and
20 wife, their heirs, assigns and successors in title are authorized
21 to construct and maintain a temporary encroachment into the
22 City's property known as Lake Joyce and 20 foot strip surrounding
23 Lake Joyce.
24 That the temporary encroachment herein authorized is
25 for the purpose of constructing and maintaining an existing
26 replacement bulkhead to remain in place and that said
27 encroachment shall be constructed and maintained in accordance
28 with the City of Virginia Beach Public Works Department's
29 specifications as to size, alignment and location, and further
30 that such temporary encroachment is more particularly described
31 as follows:
32
33 An area of encroachment into the
34 City's property known as Lake Joyce
35 and 20 foot strip surrounding Lake
36 Joyce as shown on that certain plat
37 entitled: "LOT 24A RESUBDIVISION
38 OF LOTS 24 & 25, POWELLS POINT
39 BAYSIDE BOROUGH VA. BEACH, VA,I' a
40 copy of which is on file in the
41 Department of Public Works and to
42 which reference is made for a more
43 particular description.
44
45 PROVIDED, HOWEVER, that the temporary encroachment
46 herein authorized shall terminate upon notice by the City of
47 Virginia Beach to Robert F. Hedrick and Jeanette T. Hedrick,
48 husband and wife, their heirs, assigns and successors in title
49 and that within thirty (30) days after such notice is given, said
50 encroachment shall be removed from the City's property known as
51 Lake Joyce and 20 foot strip surrounding Lake Joyce and that
52 Robert F. Hedrick and Jeanette T. Hedrick, husband and wife,
53 their heirs, assigns and successors in title shall bear all costs
54 and expenses of such removal.
55 AND, PROVIDED FURTHER, that it is expressly understood
56 and agreed that Robert F. Hedrick and Jeanette T. Hedrick,
57 husband and wife, their heirs, assigns and successors in title
58 shall indemnify and hold harmless the City of Virginia Beach, its
59 agents and employees from and against all claims, damages, losses
60 and expenses including reasonable attorney's fees in case it
61 shall be necessary to file or defend an action arising out of the
62 location or existence of such encroachment.
63 AND, PROVIDED FURTHER, that this ordinance shall not be
64 in effect until such time that Robert F. Hedrick and Jeanette T.
65 Hedrick, husband and wife, execute an agreement with the City of
66 Virginia Beach encompassing the afore-mentioned provisions.
67 Adopted by the Council of the City of Virginia Beach,
68 Virginia, on the 1st day of June 1987
69
70
71 JAS/ih
72 04/23/87
73 CA-87-02237
74 (encroach\Hedrick.ord)
2
THIS AGREEMENT, made this day of
19@, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a
municipal corporation, party of the first part, and ROBERT F.
HEDRICK AND JEANETTE T. HEDRICK, HUSBAND AND WIFE, THEIR HEIRS,
ASSIGNS AND SUCCESSORS IN TITLE, party of the second part.
W I T N E S E T H:
That, WHEREAS, it is proposed by the party of the
second part to construct and maintain an existing replacement
bulkhead to remain in place in the City of Virginia Beach; and
WHEREAS, in constructing and maintaining such
existing replacement bulkhead, it is necessary that the said
party of the second part encroach into the City's property
known as Lake Joyce and 20 foot strip surrounding Lake Joyce;
and said party of the second part has requested that the party
of the first part grant a temporary encroachment to facilitate
such existing replacement bulkhead within the City's property
known as Lake Joyce and 20 foot strip surrounding Lake Joyce.
NOW, THEREFORE, for and in consideration of the
premises and of the benefits accruing or to accrue to the party
of the second part and for the further consideration of One
Dollar ($1.00), in hand paid, to the said party of the first
part, receipt of which is hereby acknowledged, the party of the
first part doth grant to the party of the second part a
temporary encroachment to use the City's property known as Lake
oyce and 20 foot strip surrounding Lake Joyce for the purpose
J
of constructing and maintaining such an existing replacement
bulkhead.
It is expressly understood and agreed that such
temporary encroachment will be constructed and maintained in
accordance with the laws of the Commonwealth of Virginia and
@the City of Virginia Beach, and in accordance with the City of
IVirginia Beach Public Works Department's specifications and
approval as to size, alignment and location and is more
iparticularly described as follows, to wit:
An area of encroachment into the City's
property known as Lake Joyce and 20 foot
strip surrounding Lake Joyce as shown on
that certain plat entitled: "LOT 24A
RESUBDIVISION OF LOTS 24 & 25, POWELLS
POINT BAYSIDE BOROUGH VA. BEACH, VA," 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 temporary encroachment herein authorized shall terminate
upon notice by the City of Virginia Beach to the party of the
second part, and that within thirty (30) days after such notice
is given, such temporary encroachment shall be removed from the
City's property known as Lake Joyce and 20 foot strip
surrounding Lake Joyce by the party of the second part; and
that the party of the second part shall bear all costs and
expenses of such removal.
It is further expressly understood and agreed that
the party of the second part shall indemnify and hold harmless
the City of Virginia Beach, its agents and employees, from and
2
@against all claims, damages, losses and expenses including
!reasonable attorney's fees in case it shall be necessary to
file or defend an action arising out of the location or
existence of such temporary encroachment.
It is further expressly understood and agreed that
nothing herein contained shall be construed to enlarge such
lpermission and authority to permit the maintenance or
construction of any encroachment other than that specified
@herein and to the limited extent specified herein, nor to
ipermit the maintenance and construction of any encroachment by
anyone other than the party of the second part.
It is further expressly understood and agreed that
the party of the second part must obtain a Waterfront
Construction Permit and a Building Permit.
it is further expressly understood and agreed that
the party of the first part, upon revocation of such authority
and permission so granted, may remove any such encroachment and
charge the cost thereof to the party of the second part, and
collect the cost in any manner provided by law for the
collection of local or state taxes; may require the party of
the second part to remove such temporary encroachment; and
pending such removal, the party of the first part may charge
Ithe party of the second part compensation for the use of such
portion of the City's property encroached upon the equivalent
of what wo.ld be the real property tax upon the land so
occupied if it were owned by the party of the second part; and
3
!if such removal shall not be made within the time ordered
@hereinabove by this Agreement, the city shall impose a penalty
@in the sum of One Hundred Dollars ($100.00) per day for each
iand every day that such encroachment is allowed to continue
thereafter, and shall collect such compensation and penalties
1in any manner provided by law for the collection of local or
state taxes.
CITY OF VIRGINIA BEACH
By City Manager
(SEAL)
ATTEST:
City Clerk
Atbert F. Hddri@k
Teine@-@'-./H drick
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
a Notary
Public in and for the City and State aforesaid, do hereb
y
certify that THOMAS H. MUEHLENBECK, City Manager for the CITY
OF VIRGINIA BEACH, whose name is signed to the foregoing
Agreement bearing date on the day of 19
4
has acknowledged the same before me in my City and State
laforesaid.
GIVEN under my hand this _ day of
19
Notary 15ublilz
My Commission Expires:
'STATE OF VIRGINIA
I
ICITY OF VIRGINIA BEACH, to-wit:
I, a Notary
iPublic in and for the City and State aforesaid, do hereby
icertify that RUTH HODGES SMITH, City Clerk for the CITY OF
VIRGINIA BEACH, whose name is signed to the foregoing Agreement
bearing date on the day of 19 has
acknowledge
d the same before me in my City and State aforesaid.
GIVEN under my hand this day of
19
Notary Public
My commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
/,,Z) a Notary
Public in and for the City and State aforesaid, do hereby
certify that Robert F. Hedrick and Jeanette T. Hedrick, husband
and wife, whose names are signed to the foregoing writing,
bearing date the 12 day of 19
5
@have acknowledged the same before me in my City and State
aforesaid.
Given under my hand this i day of
19
Notary Public
My Commission Expires:
57
JAS/ih
04/21/87 @PROVED AS TO CONTEI'4 f s
CA-2237
(encroach\Hedrick.agr)
DEPARTMENT
APPROVED AS TC) LEGAL
SU,'FICIENCY AND FORM
c", "TTC..,@!E.
6
- 48 -
Item IV-J.6.
CONSENT kGENDk ITF14 # 27459
Upon motion by Councilman Fentress, seconded by Vice Mayor Oberndorf, City
Council KPPROVED:
RAFFLE PERMIT:
Aragona-Pembroke Little League
Aragona Garden Club
Voting: 10-0
Council Members Voting 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 Absent:
Harold Heischober
- 49 -
Item IV-J.7.
CONSENT AGENDA ITIDI # 27460
Upon motion by Councilman Fentress, seconded by Councilman Baum, City Council
APPROVED:
CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY
Grand Limousine Services, Inc.
Voting: 10-0
Council Members Voting 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 Absent:
Harold Heischober
- 50 -
Item IV-K.1/2/3/4
APPOINTMENTS ITEM # 27461
BY CONSENSUS, City Council RESCHEDULED APPOINTMENTS:
BOND REFERENDA COM14ITTEE
FACT FINDING COMMITTEE - Ocean Lakes
SOCIAL SERVICFS BOARD
VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION
- 51 -
Item IV-L.1
UNFINISHED BUSINESS ITEM # 27462
Vice Mayor Oberndorf referenced numerous telephone calls relative the Ordinance
authorizing the transfer of $1,300,000 from the Princess Anne High School
Renovation Project to Salem High School Project. Said Ordinance was ADOPTED on
May 18, 1987. Vice Mayor Oberndorf sponsored the various speakers representing
the concerns of Princess Anne High School.
Carlton Bowyer, Assistant Superintendent of Schools, presented a CHRONOLOGY OF
the PRINCESS ANNE HIGH SCHOOL PROJECT emphasizing the breakdown of costs, the
SCOPE OF THE WORK, and REVISED SCOPE OF WORK. (Copy of same is hereby made a
part of the record). Nothing has been removed from the SCOPE OF WORK.
The following delineated their concerns:
Wayne F. Lesperance, 584 Old Post Road, Phone: 463-7597, Student at Princess
Anne High School
Paul D. Merullo, 508 Presidential Boulevard, Phone: 486-2479, Princess Anne
High School Student
Robert Alan Givens, 4424 Hisndale Steeet, Phone: 499-6019, Student at Princess
Anne High School
William W. Cox, iv, 4516 North Hessian Road, Phone: 497-2684, Studnet at
Princess Anne High School
Sarah Lowman, 800 St. Martin, First Vice President of the Princess Anne P.T.A.
Joan Scholefield, 605 Severn Drive, Phone: 499-6251
Robert A. Finley, 4449 Hudgins Drive, Phone: 473-0118, represented the lembroke
Meadows Civic League
The Community would benefit from a Public Meeting, probably at the High School,
outlining the Scope of Work with all concerns addressed.
Councilwoman Henley requested the RENOVATIONS relative BAYSIDE and KELLAM HIGH
SCHOOLS not be included in a REFERENDIbi.
Mr. Boywer was requested to ask that the Virignia Beach School Board hold a
PUBLIC HEARING on this subject as soon as possible and to advise City Council
of the date, time and place.
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Item IV-M.l.
NEW BUSINESS ITEM # 27463
BY CONSENSUS, City Council RESCHEDULED for the City Council Meeting of June 8,
1987:
EDUCATING THE ELDERLY - Health Insurance Claim
Sam Houston, Sr.
Sponsored by Councilman Heischober
- 53 -
Item IV-M.2
NEW BUSINESS
ADD-ON ITEM # 27464
0. Eugene LeJeune, Payroll Administrator, and Member of the Health Insurance
Committee, presented information relative the City's Health Insurance and
complications involved. Rick Barry, Assistant Purchasing Agent assisted in a
presentation concerning the City's Health Insurance.
In 1982, the City hired a consultant who recommended the program be put to bid.
As a result, PRUDENTIAL was awarded the contract with a moral committment to
adhere to the Prudential Plan for at least three years. In 1985, the HMO's
entered the market area and new problems arose. The major problem being
Federal Law requires one of each type of Health Maintenance Organization.
Health Maintenance Organizations are composed of two types: (a) group model and
(b) open panel. The City rebid the Program and selected one of each type of
Health Maintenance Organizations and an Indemnity plan. Again, Blue Cross won
the Indemnity plan contact. In 1986 at the end of the first contract, Blue
Cross advised the rates which were extemely Iiigh were contingent on their
maintaining their 450 employee base. As only 177 employees selected this
traditional insurance plan, Blue Cross dropped same. The City was able to join
with the League of Cities' Contract, New Century Life. When the renewals came
out this year, the HMO's increased about 6%, so the Health Insurance Task Force
recommended that we not bid HMO'S. Because of the Rate Increases for the
Indemnity Plan ($200 for a single employee, $586 for a Family Plan), the
Health Insurance Task Force recommended that the Dental Plan and the Indemnity
Plan be bid and RFP's were submitted for both. Satisfactory Bids were received
on the Dental Plan but there were no Bids on the Indemnity. The City employees
basically do not have an Indemnity Plan because no one would bid on same.
- 54 -
Item III-M.1
ADJOURNMENT ITEM # 27465
Upon motion by Councilman Baum, and BY ACCLAMATION, City Council ADJOURNED the
Formal Session at 9:33 P.M-
Beverl@'O. Hooks
Chief Deputy City Clerk
-guth Hodg@s Smith, CMC
City Clerk bert d.
@ayor
City of Virginia Beach
Virginia