The URL can be used to link to this page

JUNE 11, 1991 MINUTES "WORLD'S LARGEST RESORT CITY" CITY COUNCIL M-- MEYI.- E O..IWRI, VICE -,-R R-B@- E 1-111 A, MU.. 1-@@ W, JR, --BERI . LY.U-. K,.,-. HA.OW El.HOBER. @'@ R ION@@, @,il, P.Ul 1. @Nl@l.IE, 1- S. UX,@N@. @.- A.- -,h 1-@ - PIRK@R, A, l@- Wil-M 0 @E.IIMS, JR,. A,.@,, IT .,c A@ME@ I WA-, JR.. C,,, CITY COUNCIL AGENDA U@l. I UEY. .,, A,,_ VIRI;'N. ."H. 'l-.IA 111,@.- R@ll II.WL@ -ITti, C.CIME, i,, l,, JUNE 11, 1991 ITEM 1. FORMAL SESSION - Council Chamber 2:00 PM A. CALL TO ORDER Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Ralph M. Halliwill Bayside Baptist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF EXECUTIVE SESSION F. MINUTES 1. INFORMAL & FORMAL SESSIONS - June 4, 1991 G. PUBLIC HEARING 1. PLANNING a. OCEAN BREEZE FESTIVAL PARK, INC. re the East side of South Birdneck Road, 830 feet South of Bells Road (PRINCESS ANNE BOROUGH): RECONSIDERATION OF CONDITION NO. 9 in the June 23, 1986, Approved application of AQUA SPORTS, INC. for a Conditional Use Permit for a recreational facility of an outdoor nature. Recommendation: APPROVAL b. Application of JOHN and KATHERINE MILLER to authorize expansion ot a nonconforming use to relocate a smal ler structure and connect it to the applicants' primary residence/ottice and construct additions to make one larger structure at 5625 and 5629 Virginia Beach Boulevard, containing 16,335 square feet (BAYSIDE BOROUGH). c. Application of VIRGINIA BEACH FISHING PIER, INC. to authorize expansion ot a nonconforming use of the existing Fishing Pier at Oceanfront and 15th Street (VIRGINIA BEACH BOROUGH). d. Appllcation ot TIDEWATER WESTMINSTER HOMES, INC. tor a Conditional Use Permit tor housing for the aaed, disabled and handicapped on Lot 20, Bloci na Boulevard, containing 1.43 acres (BAYSIDE B UGH). Recommendation: APPROVAL e. Application of BARRY B. and VICTORIA H. BRUNER and DOUGLAS W. YOUNG for a Conditional Use Permit for an automotive r'3a'r ostab"shment at 5115 Wi chduck Court, ontain'ing 4850 rqare fet (BAYS IDE BOROUGH). Recommendation: APPROVAL f. Application of WEDEMAN ENTERPRISES, INC. T/A BLIR-KY'S TRANSMISSION tor a Conditional Use Permit for motor vehicle sales at the Southeas Intersection of North Witc duck Road and Jericho Road (4849 N. Witchduck Road), containing 20,865 square feet (BAYSIDE BOROUGH). Recommendation: APPROVAL g. Applicatlon ot GALE M. LEVINE/MARINA SHORES, LTD. for a Conditional Use Permit tor commercial recreational facilities other than hose of an outcoor nature and tor recreational tacilities OT an OUT(loor nature (seasonal) at the Northeast intersection of Long Creek and North Great Neck Road (2100 Marina Shores Drive), containing 12 acres (LYNNHAVEN BOROUGH). Recommendation: APPROVAL h. Application of TERRY/PETERSON DEVELOPMENT CORPORATION for a Conditional Zonina Classification trom B-2 Cornmunity Business District to A-@4 strict at the Northwest intersection f@@, nd Northampton Boulevard, containing 29,185 square feet (BAY IDE BOROUGH). Recommendation: APPROVAL i. Application of PAUL 0. and BETTY HARRELL McKOWN for a Variance to Section 4.4(b) of the Subdivision Ordinance which Faqui-res that all lots created by subdivision meet all requirements ot the City Zoning Ordinance, at 4341 North Witchduck Road (BAYSIDE BOROUGH). Recommendation: APPROVAL H. CONSENT AGENDA All matters listed under the Consent Agenda are considered in the ordinary course of business by City Council and will be enacted by one motion In the form listed. If an item is removed from the Consent Agenda, It will be discussed and voted upon separately. 1. Resolution authorizing the reimbursement of $129,576.80 from the Economic Development investment Program to the Virginla Beach Development Authority for various Engineering studies. 2. Resolution endorsing and supporting the application of Gordon Paper Cornpany, Incorporated, to the Virginia Department of Transportation for $50,000 In Industrial Access Railroad Tract Funds to provide rail access and expand their industrial facility in Virginia Beach. 3. Ordinance authorizing acquisition of property In fee simple for right-of-way for Courthouse Loop North (CIP 2-078); and, acquisition of temporary and permanent easements of right-of-way, either by agreement or condemnation . 4. Ordinance, upon SECOND READING, to APPROPRIATE $600,425 to the Department of Public Utilities re an increase In the rate of water purchased from the City of Norfolk. 5. Annual Ambulance Permit Renewal for area private, municipal and non-profit organizations, pursuant to Section 10.5-2 of the Code of the City of Virginia Beach, Virginia: a. Children's Hospital of the King's Daughters b. City of Chesapeake Fire/EMS c. Medical Transport, Inc. d. Nightingale Air Ambulance e. Norfolk Paramedical Rescue Services f. Ocean Rentals, LTD. g. Tidewater Ambulance Service h. Virginia Beach Lifesaving Service 6. Ordinance authorizing tax refunds in the amount of $3,009.98. 1. UNFINISHED BUSINESS 1. Bell Subdivision Robert J. Scott, Director, Planning Department J. NEW BUSINESS 1. COUNCIL-SPONSORED ITEMS: a. ordinance to AMEND and REORDAIN Section 5-31 of the Code of the City of Virginia Beach, Virginia, re bird sanctuaries: North Thalia -Kempsville Borough Chesopeian Colony -Lynnhaven Borough Cavalier Park, Heron Cove and Bay Colony-Bayside Borough Sponsored by Councilman James W. Brazier, Jr. K. ADJOURNMENT 6/6/91 cmd M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia June 11, 1991 Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, June 11, 1991, at 2:00 P.M. Council Members Present: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Absent: Harold Heischober (OUT OF THE CITY) INVOCATION: Reverend Ralph M. Halliwill Bayside Baptist Church PLEDGE OF ALLEGIANRF. Tn Tffv. PT.A(-' ()L' THE UNITED STATES OF AMICA - 2 - Item I-E.l. CERTIFICATION OF EXECUTIVE SESSION ITEM # 34528 CERTIFICATION was not necessary as no EXECUTIVE SESSION was held. 3 Item I-F.I. MINUTES ITEM # 34529 Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City Council APPROVED the MINUTES of the INFORMAL AND FORMAL SESSIONS of June 11, 1991. Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: Harold Heischober Council Members Absent: None 4 Item I-F.2. ADD-ON ITEM 34530 Flo McDaniel and Tom Barton, Co-Chairs of the Mayor's Homecoming Committee, extended appreciation to Mayor Oberndorf and Members Of City Council with particular emphasis to their STEERING COMt4ITTEE: Betty Mills (Mr. Barton's Assistant) Vicki Smith (Mrs. McDaniel's Secretary) Marilyn Brummer (Activities Co-Chair) Carole Starbuck (Activities Ch,irman) Bill Center (Entertainment Chairm,,) Kal Kassir (Food and Beverage Co-Chair) Captain Jim Mulligan Ruff Giii (Fund Raising Co-Chairs) Linwood Branch (Logistics) Lieutenant Commander Mike Todd, USN. (Military Liaison) Priscilla Beede (PARADE) Joseph N. Hawa (Co-Chair) Mike Mastrullo Joan Prescott (Publicity) Father William J. Dale (Volunteers) Church of Ascension. Mr. Barton also acknowledged Bill Reid from Cellar Door, who co-ordinated ith Bill Center the najority of the entertainment activity at Oceana. Mr. Reid returned the fee for his services to the STAR SPANGLED SALUTE. Priscilla Beede was the "superstar" of the PARADE which cogn,nced at 9:30 A.M. and culminated at 11:40 A.M. Mr. Barton further recognized Pam Lingle, Diane Roche, Robert Matthias, Paulette Braithwaite as well as countless the, Vounteers. This was a model of co-ordination and successful effort by civilians, military, the business community and the City. All of the major Radio/TV stations donated time to publicize the STAR SPANGLED SALUTE. The parade was televised "live" by WAVY. WCMS and FOX were in attendance live at the Concert. Irving I. Hill, Cox Cable, was instrumental in providing a Press Conference as a "kick-off" for the SALUTE. WNIS also donated One Thousand Dollars ($1,000). Co-Chair Barton extended appreciation to Reverend Pat Robertson for hosting the Luncheon at Founders Inn after the Parade. The key sponsors of the event were McDonalds, Edy's Ice Cream, Miller Brewing Company, Mars Candy, Adams Outdoor Advertising, Taylor Rental and C. Lloyd Johnson and Company. The budget of the SALUTE totaled $105,954.01. If the remaining $6,645.00 committed is realized, the SALUTE will have been paid entirely by citizen and business donations. Mr. Frank Batten, Chairman of the Board, VIRGINIAN- PILOT/LEDGER STAR, has donated one-fourth page in the newspaper compiling all contributions received and expressing appreciation. The Co-Chairs expressed sincere appreciation to the military presence at Oceana with special thanks to Rear Admiral P. W. Parcells, Captain Lawrence W. Urbik, Captain Campbell and Alan O'Brien - Public Works at Oceana. The Police and the Sheriff's staff were in attendance to assist wherever possible. Mayor Oberndorf extended the gratefulness of all to the City Manager for the compassion, understanding and vision to allow the City Staff to contribute to the SALUTE. The "Welcome Home Troops" sign hanging on the City Hall Building was purchased and contributed by the City Manager. Mayor Oberndorf thanked Co-Chairs Flo McDaniel a,d T,, Barto, and the hundreds of volunteers who made a dream -- a reality. 5 Item I-G.l. PUBLIC HEARING ITEM # 34531 PLANNING Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on: PLANNING (a) OCEAN BREEZE FESTIVAL PARK, INC. RECONSIDERATION OF CONDITION 9 (6/23/86 AQUA SPORTS, INC. Conditional Use Permit) (b) JOHN AND KATHERINE MILLER NONCONFORMING USE (c) VIRGINIA BEACH FISHING PIER, INC. NONCONFORMING USE (d) TIDEWATER WESTMINISTER HOMES, INC. CONDITIONAL USE PERMIT (e) BARRY B. AND VICTORIA H. BRUNER/ CONDITIONAL USE PERMIT DOUGLAS W. YOUNG (f) WEDEMAN ENTERPRISES, INC. CONDITIONAL USE PERMIT T/A BUCKY'S TRANSMISSION (g) GALE M. LEVINE/MARINA SHORES, LTD. CONDITIONAL USE PERMIT (h) TERRY/PETERSON DEVELOPMENT CONDITIONAL ZONING CLASSIFICATION CORPORATION (i) PAUL D. AND BETTY HARRELL McKOWN VARIANCE 6 Item I-G.l.a. PUBLIC HEARING ITEM # 34532 PLANNING The following spoke in SUPPORT of the application: Eddie Garcia, Jr., 401 Atlantic Avenue, Vice President - Ocean Breeze Festival Park, Inc., represented the applicant Nancy Creech, 2700 East Kings Road, Phone: 486-1482, represented Virginia Beach Events, Unlimited and Virginia Marine Science Museum Tracy Haliman, Director - Virginia Beach Events, Unlimited. Linwood Branch, 773 Arctic Avenue, Phone: 428-6141, President - Virginia Beach Hotel/Motel Association, Member of the Virginia Beach Events, Unlimited Committee Bill Reid, 153 Pinewood, Phone: 463-1940 - Cellar Door, served as a consultant relative family entertainment groups. Upon motion by Councilwoman McClanan, seconded by Councilman Brazier, City Council APPROVED Revision to Condition Number 9 in the Reconsideration of the June 23, 1986, approved application of OCEAN BREEZE FESTIVAL PARK, INC. (AQUA SPORTS, INC.) for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF OCEAN BREEZE FESTIVAL PARK, INC. (AQUA SPORTS, INC.) FOR A CONDITIONAL USE PERMIT FOR RECREATIONAL FACILITIES OF AN OUTDOOR NATURE R0686849 Ordinance upon application of Ocean Breeze Festival Park (Aqua Sports, Inc.) for a Conditional Use Permit for recreational facilities of an outdoor nature on certain property located on the east side of South Birdneck Road, 830 feet more or less south of Bells Road. Said parcel contain 74.5 acres. Plats with more detailed information are available in the Department of Planning. PRINCESS ANNE BOROUGH 9. Outdoor concerts may be held on the subject site in conjunction with the 1991 Beach Events Program. The concerts must conclude by 11 PM. All speakers shall be oriented toward Birdneck Road or Motor World and away from Owls Creek. Approval is for a period of one year. Voting: 9-1 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Louis R. Jones, Paul J. Lanteigne, Reba S. McCianan, Mayor Meyera E. Oberndorf and William D. Sessoms, Jr. Council Members Voting Nay: Nancy K. Parker Council Members Absent: Harold Heischober Vice Mayor Fentress, pursuant to Section 2.1-632.14(G), filed his Conflict of Interest Statement with the City Clerk. Vice Mayor Fentress' letter of June 10, 1991, is hereby made a part of the record. Cit@ C)-f ROBERT E. FENTRESS 3810 ATLANTIC AVENUE VICE-MAYOR VIRGINIA BEACH, VIRGINIA 23451 PHONE (804) 422-6084 June 10, 1991 Mrs. Ruth Hodges Smith, CMC/AAE City Clerk's Office Municipal Center Virginia Beach, VA 23456 Re: Disclosure Pursuant to Section 2.1-639.14(G), Code of Virginia Dear Mrs. Smith: Pursuant to the Virginia Conflict of Interests Act, Section 2.1-639.14(G), Code of Virginia, I make tbe following declaration: 1. The transaction for which I am executing this written disclosure is the Council consideration of Ocean Breeze Festival Park, Inc.'s application for reconsideration of conditions placed on its application for a conditional use permit for a recreational facility of an outdoor nature. 2. 1 am an officer (Vice-Chairman - Governmental Affairs) and a member of the Board of Directors of Virginia Beach Events Unlimited, Inc., the organization which is proposed to function as the official body through which funds are managed for major events and festival-oriented programs, and which has requested use of the Ocean Breeze Festival Park, Inc. site for special events to be included in the 1991 Beach Events Program. Mrs. Ruth Hodges Smith -2- June 10, 1991 3. Although the City Attorney has advised me that this interest does not meet the criteria of a personal interest in the transaction under the conflict of Interests Act, I wish to disclose this interest and declare that I am able to participate in the transaction fairly, objectively, and in the public interest. Accordingly, I respectfully request that you record this declaration in the official records of the City Council. I have enclosed an opinion letter from Leslie L. Lilley, City Attomey, which addresses this same matter. Thank you for your assistance and cooperation in this matter. Sincerely, Robert E. Fentress Vice-Mayor REF/awj Enclosure LESLIEL LILLEY UNICIPAL CENTER C Ty ATTORNEY VIRGIN@A SEACH VA 23156-9w4 (804) 421 4531 FAX (80@) 426 5687 June 10, 1991 Vice-Mayor Robert E. Fentress Municipal Center Virginia Beach, VA 23456 Re: Conflict of Interests Opinion Dear Vice-Mayor Fentress: I am writing in response to your request for an opinion regarding your ability to participate in the Council discussion and vote on Ocean Breeze Festival Park, Inc.'s application for reconsideratiori of conditions placed on its application for a conditional use permit for a recreational facility of an outdoor nature. Conclusion: From my review of the Conflict of Interests Act and the information provided by you as referenced below, I am of the opinion that you do not have a personal interest in the transaction of the Virginia Beach City Council concerning tbe consideration of an application by Ocean Breeze Festival Park, Inc. for reconsideration of conditions placed on its application for a conditional use permit approved by the Council on June 23, 1986. Thus, you are permitted to participate in this matter without restriction. For your information, I have outlined the disclosure requirements of Section 2.1-639.14(G) should you desire to disclose your relationship and vote; I have also set forth the applicable provisions for abstention set forth in Section 2.1-639.14(E), should you choose not to vote. I base the aforesaid conclusions on the following facts which you have presented. Please review and verify the accuracy of the facts as set forth as you may only rely upon this opinion if they are correct and complete. Vice-MaYor Robert E. Fentress -2- J'une 10, 1991 ac @nted- Your request fOr an adlisory opinion is generated by the Council's consideration of the application by Ocean Breeze Festival Park, Inc. for reconsideration of conditions placed on its application for a conditional use permit approved by the Council on June 23, 1986. Ocean Breeze Festival Park, Inc. has specificary requested that condition #9 be amended to permit outdoor concerts. On May 8, 1991, a motion was passed unanimously by the Planning Commission to approve the request subject to condition #9c which would provide 'in part, that "[olutdoor concerts may be held on the subject site in conjunction with the 1991 Beach Events Program. " If the application is approved by City Council, Virginia Beach Events Unlimited, Inc. and the Virginia Beach Hotel/Motel Associafion would use the site for special events to be included in the 1991 Beach Events Program. You have advised that your concern, and reason for requesting this opinion, is that you are an officer (Vice-Chairman - Govemmental Affairs) and a member of the ]Board of Directors of Virginia Beach Events Unlimited, Inc., a non-stock corporation and the -,:;,,anization which iS to function as the official body through which City funds are managed for major events and festival-oriented programs. You have further advised that you receive no salary or other compensation from Virginia Beach Events Unlimited, Inc., own no equity in Virginia Beach Events Unlimited, Inc., do not assume any liability on behalf of Virginia Beach Events Unlimited, Inc., and that you have no interest whatsoever in Ocean Breeze Festival Park, Inc. ISCUSsio-. A. City Council is a govemmentad agency, as it is a legislative branch of local govemment as defined in SS 2.1-639.2of the Virginia State and Local Govemment Conflict of Interests Act. B. You are an officer within the meaning of SS 2.1-639.2 of the above-referenced Act. C. Council consideration of this application by Ocean Breeze Festival Park, Inc. is a "transaction" as defined by the Act. A transaction includes any matters considered by any governmental agency on which official action is taken or contemplated. D. "Personal interest" is defined in SS 2.1-639.2 as a financial benefit or liability which accrues to an officer, employee, or to an immediate family member. The interest exists by reason of one of five categories specified therein as: 1) ownership in a business Vice-Mayor Robert E. Fentress -3- June 10, 1991 if the ownership interest "Ceeds 3% of the total equity of the business; (2) annu income from ownership in real or Personal property or a business in excess of $10,000. al 3) s ar 00; al y from the use of property or paid by a business that exceeds $10,000-00annually; 4) ownership of real or personal property when the interest exceeds $10,000-00in val@e, exclusive of ownership in a business, or salary; and 5) personal liability incurred or assumed on behalf of a business which "ceeds 3% of the asset value of the business. E. A "personal interest in the transaction" exists when an officer or employee or a member of his immediate family has a personal interest in property or a business or represents any individual or business and such property, business or represented individual (i) is the subject of the transaction or (ii) may realize a reasonably foreseeable direct or indirect benefit or detriment as the result of the agency considering the transaction. ii. A. ersonal inte,,,t A personal interest exists by reason of one of five specified categories, as noted above in the definition of "personal interest". SPecifically, my review of those categories and the facts presented indicate that with respect to Virginia Beach Events Unlimited, Inc., a non-stock corporation: you do not own any interest in the corporation; you do not have -y income from the co'Poration; you do not own affected real or personal property which interest exceeds $10,000 in value; nor do you have any personal liability incurred or assumed on behalf of the corporation. Therefore, I conclude that you do not have a personal interest in Virginia Beach Events Unlimited, Inc., as defined by the Conflict of Interests Act.' Tbree opinions of the Attorney General dealing with directors or board members are of relevance: President of a Virginia Community College who serves on the advisory board of directors of a private bank and who receives $800 annually from the bank for his services is not required to disqualify himself from transactions involving the college because he does not have a personal interest in the bank. COI Adv. Op. No. 46 (1984). A member of a local board of supervisors who also serves as a nonpaid director of a couniy community action agency is not required by the Act to disqualify himself from the board's consideration of the agency's funding request absent the member having a financial interest in the agency. COI Adv. Op. No. 81 (1986). By definition, a sanitation commission member who also serves as chairman of a county service authority and who does not receive in excess of $10,000 from both the cormnission and the authority does not have a "personal interest" in either body arid, thus, need not disqualify himself from participating in a transaction involving both bodies. COI Adv. Op. No. 76 (1986). See also SS13.1-814 which provides that no dividend shall be paid and no part of the income of a non-stock corporation shall be distributed to its members, directors or officers. Vice-MaYor Robert E. Fentress -4- June 10, 1991 B. Based On my conclusion that you do not have a personal interest in Virginia Beach Events Unlimited , Inc., and on the fact that YOU have no intere t w ats in S interest in the transaction" under Breeze Festival Park, Inc., you do not have a s h oever Ocea, the definition of the Act. per onal ill. Based on the fact that you have no personal interest in the Council's consideration of Ocean Breeze Fesetival Park Inc.'s applicat,on you are not disqualified from participating, nor are you required to disclose. 'If you are concerned that your participation as to this matter may create some appearance of impropriety because of your position as Vice-Chairman - Govemmental Affairs serving on the Board of Directors of ,-,inia Beach Event s Unlimited, Inc., there are two options available to you which may diffuse any perception problems that may arise: I You may either disclose the facts as presented herein and proceed to vote as to this transaction; or 2. You may abstain from voting and disclose any interest. Should you decide to declare your interest and vote, a Proposed disclosure letter which complies with SS 2.1-639.14(G) is enclosed for your convenience. You may either make this declaration orally, which is to be recorded in the written minutes of the City Council, or you may file a signed written declaration with the Clerk of the City Council, who shau retain and make this document available for public inspection for a period of five years from the date of recording or receipt. If you should desire to abstain from voting, SS 2.1-639.14(E) provides that in such instances, the officer shar forthwith make disclosure of the existence of his interest and his disclosure shall be reflected in the public records for five years. Vice-Mayor Robert E. Fentress -5- June 10, 1991 As a final note tO -Y conflict of interests that a written opinion of th, OPiniOn, Section 2.1-639.18(C) provides ttome made aft- a full disclosure of the facts, is advisory -d admissable as evidence that the local officer did not knowingly violate the Act, while a favorable opinion of the . as the enforcing officer of the COIA, provides immunity from any alleged violation. I you choose to seek an opinion of the Commonwealth's Attorney, I will be pleased to assist you in that regard. Please contact me should you desire any additional information. Very tr-uly yours, , @ xo Leslie L. Lille City Attomey UL/RMB/awj Enclosure 7 Item I-G.l.b. PUBLIC HEARING ITEM 34533 PLANNING The Honorable Moody E. "Sonny" Stallings, represented the applicant John Miller, 5625-5629 Virginia Beach Boulevard, the applicant Upon motion by Councilman Jones, seconded by Vice Mayor Fentress, City Council ADOPTED: Resolution Authorizing the Expansion of a Nonconforming Use located at 5625 and 5629 Virginia Beach Boulevard, Borough of Bayside. App Ii cation of John an d Katheri ne Mi II er for an expansion to a nonconforming use on property located at 5625 and 5629 Virginia Beach Boulevard. The parcels contain 16,335 square feet. BAYSIDE BOROUGH. The following conditions shall be required: 1. The property line separating the subject parcels shall be vacated by recorded plat. 2. Further conditions may be required during the administration of applicable city ordinances. 3. The site plan submitted with this nonconforming use may require revision during detailed site plan review to meet all applicable city codes. Voting: 7-3 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Louis R. Jones, Paul J. Lanteigne and William D. Sessoms, Jr. Council Members Voting Nay: Reba S. McCianan, Mayor Meyera E. oberndorf and Nancy K. Parker Council Members Absent: Harold Heischober 1 A RESOLUTION GRANTING AUTHORIZATION 2 FOR THE EXPANSION OF A NONCONFORMING 3 USE LOCATED AT 5625 AND 5629 4 VIRGINIA BEACH BOULEVARD, BOROUGH OF 5 BAYSIDE 6 WHEREAS, John and Katherine Miller, hereinafter referred 7 to as the Applicants, are the owners of two adjoining parcels of 8 land located at 5625 and 5629 Virginia Beach Boulevard, Borough of 9 Bayside, in the B-2 Community Business District; and 10 WHEREAS, there is a single-family dwelling located on 11 each site; and 12 WHEREAS, the present use of the property for single- 13 family dwellings does not conform to the provisions of the City 14 Zoning Ordinance because single-family dwellings are not permitted 15 uses within the B-2 Community Business District; and 16 WHEREAS, the Applicants desire to relocate one 17 structure, connect it to the other structure, and construct 18 further additions thereupon; and 19 WHEREAS, pursuant to Section 105(d) of the City Zoning 20 Ordinance, the expansion of a nonconforming use may be authorized 21 only by resolution of the City Council upon a finding that the 22 use, as expanded, is equally appropriate or more appropriate to 23 the zoning district than is the existing nonconformity; and 24 WHEREAS, the City Council finds that the expansion of 25 the nonconforming use on the Applicants' property is equally 26 appropriate or more appropriate to the zoning district than is the 27 existing nonconformity; 28 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE 29 CITY OF VIRGINIA BEACH, VIRGINIA: 30 That the City Council hereby grants authorization for 31 the expansion of the nonconforming use upon the property of the 32 Applicants according to the plans submitted by the Applicants, 33 upon the condition that the lot line separating the two parcels of 34 property which are the subject of this Resolution be vacated in 35 the manner provided by law. 36 Adopted by the City Council of the City of Virginia 37 Beach on the Ilth day of June, 1991. 38 CA-91-4281 39 \ordres\miller.res 40 R-2 2 Fl- o m x 0 m 0 0 0 n 00 0 m ri 0 t ii ti 0 1 0 w I 0 OQ m r u, lb 0 0 Ln co 8 Item I-G.l.c. PUBLIC HEARING ITEM # 34534 PLANNING Attorney R. J. Nutter, 4425 Corporation Lane, Phone: 671-6000, represented the applicant Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City Council ADOPTED: Resolution authorizing the Expansion of a Nonconforming Use located at the Oceanfront and 15th Street, Borough of Virginia Beach (Virginia Beach Fishing Pier) Application of Virginia Beach Fishing Pier for an expansion to a nonconforming use on property located at the Oceanfront and 15th Street. VIRGINIA BEACH BOROUGH. The following conditions shall be required: 1. Further conditions may be required during the administration of applicable city ordinances. 2. The site plan submitted with this application may require revision during detailed site plan review to meet all applicable city codes. Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Harold Heischober APPROVE SIGI,:AT DT:PAPT@,',Ii, APPPOVED AS T',)!.EGI\I- 1 RESOLUTION AUTHORIZING THE EXPANSION 2 OF A NONCONFORMING USE LOCATED AT 3 THE OCEANFRONT AND 15TH STREET, 4 BOROUGH OF VIRGINIA BEACH (VIRGINIA 5 BEACH FISHING PIER) 6 WHEREAS, Virginia Beach Fishing Pier, Inc., hereinafter 7 referred to as the Applicant, is the owner of the Virginia Beach 8 Fishing Pier, located at the Oceanfront and 15th Street, Borough 9 of Virginia Beach, in the RT-1 Resort Tourist District; and 10 WHEREAS, the Applicant desires to extend the seaward end 11 of the aforesaid pier a distance of two hundred feet; and 12 WHEREAS, the present use of the property does not 13 conform to the provisions of the City Zoning Ordinance because 14 fishing piers are not permitted uses within the RT-1 Resort 15 Tourist District; and 16 WHEREAS, pursuant to Section 105(d) of the City Zoning 17 Ordinance, the City Council may authorize the expansion of a 18 nonconforming use if it finds that the use as expanded is equally 19 appropriate or more appropriate to the zoning district than is the 20 existing nonconformity; 21 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE 22 CITY OF VIRGINIA BEACH, VIRGINIA: 23 That City Council hereby finds that the proposed Virginia 24 Beach Fishing Pier, as expanded, is equally appropriate or more 25 appropriate to the RT-1 Resort Tourist District than is the 26 existing pier. 27 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF 28 VIRGINIA BEACH, VIRGINIA: 29 That the City Council hereby authorizes the expansion of the 30 Virginia Beach Fishing Pier as stated hereinabove. 31 Adopted by the City Council of the City of Virginia 32 Beach on the 11 day of June 1 1991. 33 CA-91-4282 34 \ordres\pier.res 35 R-1 2 L> 0 14 El o 14 .14 > CO -0 r d 0 0 o 0 :i 0 0 w x z wo< 0 z ,3 z LOC. MAP Scale; I f,.@ ADC Tide@ate, 8P -o 594 z PROPOSED EXTENSION i4th ST 760' 15d z PREVIOUS PIER DIMENSIONS w z (PRIOR TO AUG. 1965 > w w z 6. wairl VA R)ABL w D H =200 0 SCALE 1" 41 < -W w TIIIS PLAN IS(POT FOR CONSTRUCTION m PLTRPOSES. IT IS FOR PERMITTING PURPOSES < ONLY- APPROPRTATE STRUCTURAL, ITYDRAULIC, z GEOTECIINIC7,T@ AND OTHER ENGINEERING CONSTRUCTION PI,ANS '.rO BE CALCULATIONS AND > A LTCENSED ENGINEER. COMPLETED BY 0 0 RUDEEINLET P(inposE! REBUILDING FiSiAING PIER IN ATLANTIC OCEAN DATUH: M.S.L.= 0.00 CIT@ @T' OCEAN FRONT C 15th STRE-ET r.OUt'TY OF:VA. BEACH ST.TE:-VA. APPLICA-1011 BY:VABCH. FISHING PIER INC. ADJACENT PROPERTY OWNERS: PLAN VIEW I.-CITYOFVIRGINIA BEACH VIRGINIA BEACH SI,EFT I OF 4 O@TE: 8-2-90 2. MILDRED_V @AQHKAL@---- FISHING PIER REV. 10-19-90 3 _X SL. @N@ SCALE: I "= 200' 9 Item I-G.I.d. PUBLIC HEARING ITEM # 34535 PLANNING Sam W. Ray, Jr. , - Chairman - Tidewater Westminster Homes, Inc., - 1432 Brunswick Avenue, Phone: 423-6938, represented the applicant Upon motion by Councilman Jones, seconded by Councilman Clyburn, City Council ADOPTED an Ordinance upon application of TIDEWATER WESTMINSTER HOMES, INC. for a Conditional Use Permit: ORDINANCE UPON APPLICATTON OF TIDEWATER WESTMINSTER HOMES, INC. FOR A CONDITIONAL USE PERMTT FOR HOUSING FOR THE AGED, DISABLED AND HANDICAPPED R06911372 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Tidewater Westminster Homes, Inc. for a Conditional Use Permit for housing for the aged, disabled and handicapped on Lot 20, Block R, Aragona Village. The parcel is located at 709 Aragona Boulevard and contains 1.43 acres. BAYSIDE BOROUGH. The following conditions shall be required: 1. A cross reciprocal parking agreement between the subject site and the adjoining church shall be recorded in the Clerk's Office of the City of Virginia Beach, 2. Category IV landscape screening is required along the Northern and Western property lines adjacent to the single-family homes and the cemetery. 3. Van transportation service shall be provided to residents as indicated. 4. An automatic sprinkler and fire alarm system, meeting the approval of the City's Fire Protection Engineer, is required. 5. At detailed site plan review, the submitted plan shall provide for Best Management Practices (BMP) facilities. Infiltrator BMP's located under pavement may not be appropriate due to potential maintenance problems. 6. The site shall adhere to all current landscaping requirements. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eleventh day of June, Nineteen Hundred and Ninety-One. - 10 - Item I-G.l.d. PUBLIC HEARING ITEM # 34535 (Continued) PLANNING Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and Wi I I lam D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Harold Heischober Item I-G.l.e. PUBLIC HEARING ITEM # 34536 PLANNING Raymond Young with his son, Douglas Young Upon motion by Councilman Jones, seconded by Vice Mayor Fentress, City Council ADOPTED an Ordinance upon application of BARRY B. AND VICTORIA H. BURNER and DOUGLAS W. YOUNG for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF BARRY B. AND VICTORIA H. BURNER AND DOUGLAS W. YOUNG FOR A CONDITIONAL USE PERMIT FOR AN AUTOMOTIVE REPAIR ESTABLISHMENT R06911373 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Barry B. and Victoria H. Burner and Douglas W. Young for a Conditional Use Permit for an automotive repair establishment on property located on 5115 Witchduck Court. The parcel contains 4850 square feet. BAYSIDE BOROUGH. The following conditions shall be required: 1. There shall not be any outside storage of new or discarded parts. 2. There shall not be any overnight outside storage of vehicles. 3. Only those minor repairs which are permitted under the definition of automobile repair establishments in the City Zoning Ordinance will be allowed on the site. 4. Street frontage landscaping is required in the existing grassed areas along Witchduck Court. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eleventh day of June, Nineteen Hundred and Ninety-One. - 12 - Item I-G.I.e. PUBLIC HEARING ITEM # 34536 (Continued) PLANNING Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Nancy K. Parker, Mayor Meyera E. Oberndorf and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Harold Heischober - 13 - Item I-G.l.f. PUBLIC HEARING ITEM # 34537 PLANNING J. W. Carrington, 500 Winston Salem Avenue, Phone: 428-4245, represented the applicant Upon motion by Councilman Jones, seconded by Councilman Clyburn, City Council ADOPTED an Ordinance upon application of WEDERAN ENTERPRISES, INC. t/a BUCKY's TRANSMISSION, MELVIN W. & JACQUELINE WEDEMAN for a Conditional Use Permit ORDINANCE UPON APPLICATION OF WEDEMAN ENTERPRISES, INC. T/A BUCKY'S TRANSMISSION, MELVIN W. AND JACQUELINE WEDEMAN FOR A CONDITIONAL USE PERMIT FOR MOTOR VEHICLE SALES R06911374 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Wedeman Enterprises Inc. t/a Bucky's Transmission, Melvin W. & Jacqueline Wedeman for a Conditional Use Permit for motor vehicle sales at the southeast intersection of North Witchduck Road and Jericho Road. The parcel is located at 4849 North Witchduck Road and contains 20,865 square feet. BAYSIDE BOROUGH. The following conditions shall be required: 1. No more than eight vehicles will be displayed at any one time. 2. All vehicles for sale will be set back five (5) feet from any right-of-way. 3. The storage compound at the rear of the building shall be enclosed with a six (6) foot solid wood fence meeting specifications outlined in the City's Landscaping, Screening and Buffering Specifications and Standards. 4. Any exterior lighting will be directed inward. 5. The hours of operation will be Monday through Thursday - 8:00 A.M. to 6:00 P.M., Friday 8:00 A.M. to 5:00 P.M. 6. There will be no exterior paging system. 7. Two crepe myrtle trees, five feet to six feet in height, shall be placed in each of the grassed islands located at both entrances on Witchduck Road for a total of eight crepe myrtle trees. 8. Five loblolly pine trees shall be placed in the grassed area to the rear of the site between the outside storage area and Jericho Road. 9. A landscape plan depicting the suggested plantings is on file in the Department of Planning. - 14 - Item I-G.I.f. PUBLIC HEARING ITEM # 34537 (Continued) PLANNING Th Is Ord l nance shaII be ef f ect l ve in accordance wl th Section 107 (f ) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eleventh day of June, Nineteen Hundred and Ninety-One. Voting: 8-2 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Louis R. Jones, Paul J. Lanteigne, Mayor Meyera E. Oberndort and William D. Sessoms, Jr. Council Members Voting Nay: Reba S. McClanan and Nancy K. Parker Council Members Absent: Harold Heischober - 15 - Item I-G.l.g. PUBLIC HEARING ITEM # 34538 PLANNING Gale M. Levine, the applicant, represented herself. Upon motion by Councilman Brazier, seconded by Councilman Sessoms, City Council ADOPTED an Ordinance upon application ot GALE M. LEVINE/MARINA SHORES LTD. for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF GALE M. LEVINE/MARINA SHORES LTD. FOR A CONDITIONAL USE PERMIT FOR COMMERCIAL RECREATIONAL FACILITIES R06911375 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Gale M. Levine/Marina Shores Ltd. for a Conditional Use Permit for commercial recreational facilities other than those of an outdoor nature and for recreational faci I lties of an outdoor nature (seasonal ) at the northeast intersection of Long Creek and North Great Neck Road. The parcel is located at 2100 Marina Shores Drive and contains 12 acres. LYNNHAVEN BOROUGH. The followlng conditions shall be required: 1. An erosion control barrier shall be provided between the volleyball area and the BMP retention area to prevent encroachment dur i ng the recreational facility. The erosion control measure shall be approved by the City Engineer's office. 2. The recreational facllities shall be provided for a period of three years. 3. All lighting shall be shielded away trom the adjacent multi-family development. This Ordinance shall be ettective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eleventh day of June, Nineteen Hundred and Ninety-One. Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Louis R. Jones, Paul J. Lanteigne, Reba S. McCianan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Harold Heischober - 16 - Item I-G.l.h. PUBLIC HEARING ITEM # 34539 PLANNING Attorney R. J. Nutter 4425 Corporation Lane, Phone: 671-6000, represented the applicant Upon motion by Councilman Jones, seconded by Vice Mayor Fentress, City Council ADOPTED an Ordinance upon application of TERRY/PETERSON DEVELOPMENT CORPORATION tor a Conditional Zoning Classification. ORDINANCE UPON APPLICATION OF TERRY/PETERSON DEVELOPMENT CORPORATION FOR ACONDITIONAL ZONING CLASSIFICATION FROM B-2 TO A-24 Z06911325 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Terry/Peterson Development Corporation for a Conditional Zoning Classification from B-2 Community Business District to A-24 Apartment District at the northwest intersection of Shore Drive and Northampton Boulevard. The proposed zoning classification to A-24 Apartment District is for mu lti-fami ]y land use at a density no greater than 24 dwelling units per acre. The Comprehensive Plan recommends use of this parcel for retail/service use in accordance with other plan policies. The parcel contains 29,185 square feet. BAYSIDE BOROUGH. The following condition shall be required: An agreement encompassing proffers shall be recorded with the Clerk of the Circuit Court and is hereby made apart of the proceedings. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eieventh day of June, Nineteen Hundred and Ninety-One. Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Harold Heischober I FSL Ir I I I I Fy UNIC '@'. CE.'E@ ,'IIY 11 11)[INFY V RG NIA BEACH. V. 23456 9W4 (8.@) 421 453@ In Reply Refer T. Our File N.. CA-4190 FAX (804) 426 5681 DATE: June 7, 1991 TO: Leslie L. Lilley DEPT: City Attorney FROM: Gary L. Fentress@f-- DEPT: City Attorney RE: Terry/Peterson Development Corporation Conditional Zoning - Proffer Council Action Date: June 11, 1991 Enclosed please find a copy of the proffer agreement submitted by the referenced applicant. The proffer is acceptable as to legal form. LLL/dhh Enclosure THIS AGREEMENT, made this 24th day of April 1991, by and between TERRY/PETERSON DEVELOPMENT CORPORATION a Virginia Corporation, and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (hereinafter referred to as Grantee). W I T N E S S E T H WHEREAS, the Grantor has initiated an amendment to the Zoning Map of the City of Virginia Beach, virginia, by peti- tion of the Grantor addressed to the Grantee, so as to change the classification of the Grantor's property from B-2 (Com- mercial) to A-24 (Multi-Family Residential), on certain property containing a total of .67 acres, more or less, in the Bayside Borough (North side of Shore Drive) of the City of Virginia Beach, virginia, more particularly described in the attached Exhibit A hereinafter the Property. WHEREAS, the Grantee's policy is to provide only for the orderly development of land, for various purposes, including multifamily residential purposes, through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the subject property and at the same time to recognize the effects of the changes, and the need for various types of uses, including those listed above, certain reasonable conditions governing -1- the use of the Property for the protection of the community that are not generally applicable to land similarly zoned A- 24 are needed to cope with the situation which the Grantor's rezoning application gives rise to; and WHEREAS, the Grantor has voluntarily proffered in writ- ing in advance of and prior to the public hearing before the Grantee, as part of the proposed amendment to the Zoning Map, in addition to the regulations provided for in the existing A-24 zoning district by the existing Comprehensive Zoning ordinance, the following reasonable conditions related to the physical development and operation of the Property to be adopted as a part of said amendment to the new Zoning Map relative to the property described above, which have a reasonable relation to the rezoning and the need for which is generated by the rezoning; and WHEREAS, said conditions having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amend- ment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Of- fice of the Circuit Court of the City of Virginia beach, -2- Virginia, and executed by the record owner of the subject property at the time of recordation of such instrument; provided, further, that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.1-431, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW, THEREFORE, the Grantor, for themselves, their suc- cessors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exac- tion from the Grantee or its governing body and without any element of compulsion of quid Pro quo for zoning, rezoning, site plan, building permit or subdivision approval, hereby makes the following declaration of conditions and restric- tions as to the physical development and operation of the Property and governing the use thereof and hereby tenders the following covenants running with the said Property, which shall be binding following the approval of Grantor's rezoning Petition by Grantee upon the Property and upon all parties and persons claiming under or through the Grantor, its heirs, personal representatives, assigns, grantees and other succes- sors in interest or title, namely: 1. The allowable density on the Property shall not exceed 15 units. -3- 2. The exterior of the buildings on the Property shall consist of fiberglass shingles, vinyl siding, aluminum windows and salt treated decks all of which shall substantially conform to the architectural design of the existing North Beacli Apartments immediately to the North of the Property on Parcel 1 as shown on that plat recorded in the Virginia Beach Circuit Court Clerk's office in Deed Book 2461 page 1345. 3. The Property shall be developed substantially as shown on the preliminary site plan being exhibited to the City Council and on file in the Planning Department of the City of Virginia Beach, said plan being entitled "Rezoning Plan for Parcel 2, 3-4-9111, revised 4/.19/91, prepared by Langley and McDonald, Engineers, Planners and Surveyors, at- tached hereto as Exhibit B. 4. The parking lot and any trash dumpsters located on the Property shall be landscaped substantially as shown on the aforementioned Exhibit B. The Grantor covenants and agrees that (1) the Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of -4- legal action or suit to ensure compliance with such condi- tions, including mandatory or prohibitory injunction, abate- ment, damages or other appropriate action, suit or proceed- ings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the zoning Administrator made pursuant to the provisions of the City Code, the CZO or this Agreement, the Grantor shall petition to the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map shown by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department and that they shall be recorded in the Clerk's office of the Circuit Court of the City of Virginia Beach, virginia and indexed in the name of the Grantor and Grantee. WITNESS the following signatures and seals: TERRY/PETERSON DEVELOPMENT CORPORATION By: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: Subscribed and sworn to before me this 24th day of April, 1991 by John H. Peterson, Jr., President of TERRY/ PETERSON DEVELOPMENT CORPORATION, a Virginia Corporation. Nota@ Publi'c my commission Expires: -6- EXHIBIT A ALL THAT certain piece or parcel of land, lying, situate and being in the city of virginia Beach, Virginia, known, numbered and designated as "PARCEL 2, AREA = 29,259 Sq. Ft. or 0.67 AC." AS SHOWN ON THAT CERTAIN PLAT ENTITLED "SUBDIVISION PLAT OF A SITE ON THE NORTH SIDE OF SHORE DRIVE STANDING IN THE NAME OF TERRY/PETERSON DEVELOPMENT CORPORATION CORPORATION, A VIRGINIA CORPORATION, TERRY/PETERSON ASSOCIATES, III, A VIRGINIA GENERAL PARTNERSHIP AND TERRY/PETERSON AS- SOCIATES, IV, A VIRGINIA GENERAL PARTNERSHIP, D.B. 2392, PG. 2186, BAYSIDE BOROUGH, VIRGINTA BEACH, VIRGINIA, DATED JUNE 7, 198511, made by Langley and McDonald, which plat is duly recorded in the Clerk's office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 2461, at Page 1345. IT BEING a portion of the property conveyed to Terry/ Peterson Development Corporation, a virginia corpora- tion, by Deed of Partition, dated March 6, 1986 and recorded in the aforesaid Clerk's Office in Deed Book 2490, at Page 550. -7- - 17 - Item I-G.l.i. PUBLIC HEARING ITEM # 34540 PLANNING Attorney R. Edward Bourdon, Pembroke One, Fifth Floor, Phone: 499-8971, represented the applicant Paul D. and Betty Harrell McKown, were in attendance to respond to questlons. Upon motion by Councilman Jones, seconded Vice Mayor Fentress, City Counci I ADOPTED an Ordinance upon application of PAUL D. AND BETTY HARRELL McKOWN for a Varlance to Section 4.4(b) of the Subdivision Ordinance which requires all lots created by subdivision to meet all requirements of the City Zoning Ordinance. Application of Paul D. and Betty Harrell McKown for a Variance to Section 4.4(b) of the Subdivision Ordinance. The property is located 4341 North Witchduck Road. BAYSIDE BOROUGH. The following conditions shall be required: 1. A Tree Protection and Preservation Plan Is required to save as many trees as possible on this property. Approval of this Plan by the City Arborist is required prior to any land disturbance. 2. All structures shall be placed landward of the top of bank. 3. On Lot 3, all areas of the bank below the construction limit llne shall not be disturbed. All construction traffic and stag i ng sha I I be kept of f those areas outside the construction limit line. During construction, surface water shall be diverted and not permitted to flow across the bank. Appropriate erosion and sediment control measures will be taken during construction. 4. On Lot 3, all areas denuded during construction will be revegetated. 5. If the driveway for Lot 3 Is placed below the top of the bank on the East s I de of the property, it sha I I follow the natural contour of the land. 6. The applicant agrees to remove that portion of the deck on the existing home on Lot 2 which Is not in compliance with the Code prior to construction of a structure on Lot 3. - 18 - item I-G-1-1. PUBLIC HEARING ITEM # 34540 (Continued) PLANNING Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Louis R. Jones, Paul J. Lanteigne, Reba S. McCianan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Harold Heischober - 19 - Item ]-H CONSENT AGENDA ITEM # 34541 Upon motion by Councilman Clyburn, seconded by Councilwoman Parker, City Council APPROVED in ONE MOTION Items 1, 2, 3, 4, 5 and 6 of the CONSENT AGENDA: Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazler, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Harold Heischober - 20 - item 1-H.1 CONSENT AGENDA ITEM # 34542 Upon motion by Counci Iman Clyburn, seconded by Counci lwoman Parker, City Council ADOPTED: Resolution authorizing the reimbursement of $129,576.80 from the Economic Development Investment Program to the Virginia Beach Development Authority for various Engineering studies. Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and Wi I I iam D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Harold Heischober 1 A RESOLUTION AUTHORIZING THE EXPENDITURE OF $129,576.80 2 FROM THE ECONOMIC DEVELOPMENT INvEST14ENT PROGRAM TO REIMBURSE 3 THE DEVELOP14ENT AUTHORITY FOR VARIOUS ENGINEERING STUDIES 4 WHEREAS, the Department of Economic Development in conjunction with the 5 Development Authority is responsible for coordinating Virginia Beach's economic 6 development program; 7 WHEREAS, the Council of the City of Virginia Beach has identified economic 8 development goals of attracting national companies that provide good employment 9 opportunities and add to the City's tax base; 10 WHEREAS, the Development Authority has initially incurred costs from 11 various studies totaling $129,576.80, which are intended to be reimbursed by the 12 City; 13 WHEREAS, the $129,576.80 may be expended from the Economic Investment 14 Program (Project 2-141), which was approved in the FY 1990-91/1994-95 Capital 15 Improvement Program to support and enhance the viability of the City's economic 16 development program and strategic plan. 17 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 18 BEACH, VIRGINIA that $129,576.80 be expended from the Economic Development 19 Investment Program to reimburse the Virginia Beach Development Authority for 20 various engineering studies. 21 This resolution shall be effective from the date of its adoption. 22 Adopted by the Council of the City of Virginia Beach, Virginia on the 23 11 day of June 1991. APPROVED AS TO CONTENT: @alter C. Kraemer,,-Jr. ,Tepartment - 21 - I tem I -H .2 CONSENT AGENDA ITEM # 34543 Upon motion by Counci lman Clyburn, seconded by Counci lwoman Parker, City Council ADOPTED: Resolution endorsing and supporting the application of Gordon Paper Company ' Incorporated, to the Virginia Department of Transportatlon for $50,000 in Industrial Access Railroad Tract Funds to provide rai I access and expand their Industrial facility in Virginia Beach. Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Louis R. Jones, Paul J. Lanteigne, Reba S. McCianan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Harold Heischober RESOLUTION WHEREAS, Gordon Paper Company, Incorporated, has expressed their intent to the Virginia Beach CitY Council to expand their industrial manufacturing operations in the City, which will involve a capital investment of approximately Five Hundred Thousand Dollars, and create 2o new jobs in our Community; and WHEREAS, these increased business operations will require rail access anticipating a movement of 250 rail cars per year; and WHEREAS, officials of Gordon Paper Company, Incorporated, have indicated to the Virginia Beach City Council their intent to apply for Industrial Access Railroad Track Funds from the Commonwealth of virginia in the amount of $50,000; and WHEREAS, Gordon Paper Company, Incorporated, has requested that the Virginia @each City Council provide a Resolution supporting this application for said funds which are administered by the Virginia Department of Transportation: NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Virginia Beach, hereby endorses and supports the application of Gordon Paper Company, Incorporated, for $50,000 in Industrial Access Railroad Tract Funds for the purpose of providing rail access and enabling Gordon Paper Company, Incorporated, to expand their industrial facility in Virginia Beach. Adopted this 11 day of June 1991 City of Virginia Beach, virginia BY MEYERA E. OBERNDORF MAYOR OF VIRGINIA BEACH AFFROV @ONTEN@',,T Sia4ATURE @6 @ D IP,6, AF'@@,R L SUFFI @CITY ATTORNEY - 22 - I tem I -H. 3 CONSENT AGENDA ITEM # 34544 Upon motion by Counci Iman Clyburn, seconded by Counci lwoman Parker, City Council ADOPTED; Ordinance authorizing acquisition of property in fee simple for right-of-way for Courthouse Loop North (CIP 2-078); and, acquisition of temporary and permanent easements of right-of-way, either by agreement or condemnation Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and Wi I I iam D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Harold Helschober AN ORDINANCE TO AUTHORIZE ACQUISITION OF PROPERTY IN FEE SIMPLE FOR RIGHT OF WAY FOR 3 COURTHOUSE LOOP NORTH (CIP 2-078) AND THE 4 ACQUISITION OF TEMPORARY AND PERMANENT 5 EASEMENTS OF RIGHT OF WAY, EITHER BY AGREEMENT 6 OR CONDEMNATION 7 WHEREAS, in the opinion of the Council of the City of 8 Virginia Beach, Virginia, a public necessity exists for the 9 construction of this important roadway to provide transportation 10 and for other public purposes for the preservation of the safety, 11 health, peace, good order, comfort, convenience, and for the 12 welfare of the people in the City of Virginia Beach: 13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 14 OF VIRGINIA BEACH, VIRGINIA: 15 Section 1. That the City of Virginia Beach is hereby 16 authorized to acquire by purchase or condemnation pursuant to 17 Sections 15.1-236, et seq., 15.1-898, 15.1-899, and Section 33.1- 18 89, et seq. , Code of Virginia of 1950, as amended, all that certain 19 real property in fee simple, including temporary and permanent 20 easements of right of way as shown on the plans entitled 21 "COURTHOUSE LOOP - NORTH C.I.P. NO. 2-078 SCALE: 1"=16001,11 these 22 plans being on file in the Office of Real Estate Department of 23 Public Works, Virginia Beach, Virginia. 24 Section 2. That the City Manager is hereby authorized 25 to make or cause to be made on behalf of the City of Virginia 26 Beach, to the extent that funds are available, a reasonable offer 27 to the owners or persons having an interest in said lands, if 28 refused, the City Attorney is hereby authorized to institute 29 proceedings to condemn said property. 30 Adopted by the council of the City of Virginia Beach, 31 Virginia, on the day of June 1991. 32 CA-4274 33 NONCODE\CA4274.ORD 34 R-1 APPROVED AS TO CONTENTS SIRNATURE z (i", DEPARTMENT APPROVED AS TO LEGAL SUFFICI y I ,,tT AND FORM CITY A RNEY i I ,@@os COURTHOUSE LO P-NORT C.i.P. NO. 2- SCALE: 1" = 1600' 00 .................. C-4 . .. .............. En ................ ........... tt . ......... ............ .............. OIL ............. . ................. ............. rr ........... LLJ EL ............ ........ ................... rr .............. . ......... .... C/) - 23 - Item 1-H.4 CONSENT AGENDA ITEM # 34545 Upon motion by Councilman Clyburn, seconded by Councilwoman Parker, City Council ADOPTED upon SECOND READING: Ordinance to APPROPRIATE $600,425 to the Department of Public Utilities re an Increase In the rate of water purchased from the City of Norfolk. Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Councll Members Voting Nay: None Councll Members Absent: Harold Heischober 1 AN ORDINANCE TO APPROPRIATE FUNDS OF $600,425 2 TO THE DEPARTMENT OF PUBLIC UTILITIES DUE TO AN INCREASE 3 IN THE RATE OF WATER PURCHASED FROM THE CITY OF NORFOLK 4 WHEREAS, due to an increase in the rate of water purchased from the City 5 of Norfolk, the water rate charged to customers will in,re,,e t, $2.96 per 6 thousand gallons effective as of July 1, 1991; 7 WHEREAS, the revised rate will result in an operating budget increase of 8 $600,425 for the purchase of water; 9 WHEREAS, the increase in appropriations will be offset by a like increase 10 in estimated revenues from the sale of water to customers; 11 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 12 BEACH, VIRGINIA, that funds in the amount of $600,425 are hereby appropriated 13 to the Department of Public Utilities for an increase in the rate of water 14 purchased from the City of Norfolk. 15 BE IT FURTHER ORDAINED that the increase in appropriations be offset by 16 a like increase in estimated revenues from the sale of water. 17 This ordinance shall be effective from the date of its adoption. 18 Adopted by the City Council of the City of Virginia Beach, Virginia on the 19 11 day of June 1991. 20 First Reading: June 4, 1991 21 Second Reading: June 11 1991 APPROVED AS TO CONTENT: Walter C. Kraemer, Jr. Dep - 24 - I tem I -H. 5 CONSENT AGENDA ITEM # 34546 Upon motion by Counci Iman Clyburn, seconded by Counci lwoman Parker, City Council: APPROVED EMS Annual Ambulance Permit Renewals for area private, municipal and non-profit organizations, pursuant to Section 10.5-2 of the Code of the City of Virginia Beach, Virginia: a. Children's Hospital of the King's Daughters b. City of Chesapeake Fire/EMS c. Medical Transport, Inc. d. Nightingale Air Ambulance e. Norfolk Paramedical Rescue Services f. Ocean Rentals, LTD. g. Tidewater Ambulance Service h. Virginia Beach Lifesaving Service AND, APPROVED New Permit: Eastern Medical/Transport, Inc. Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Louis R. Jones, Paul J. Lanteigne, Reba S. McCianan, Mayor Meyera E. Oberndorf, Nancy K. Parker and Wi I I iam D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Harold Heischober - 25 - Item I -H. 6 CONSENT AGENDA ITEM # 34547 Upon motion by Counci Iman Clyburn, seconded by Counci lwoman Parker, City Council ADOPTED: Ordinance authorizing Tax Refunds in the amount of $3,009.98 upon application of certain persons and upon certification of the City Treasurer for Payment. Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Harold Heischober FORM NO, C.A. 7 5/21/91 EMC AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for tax refunds upon certification of the Treasurer are hereby approved: NAME Tax Type Ticket Exonera- D:! Penalty lnt. T.tai Y ear of Tax Number tion No. P led Barclays American 89 RE(1/2) 116935-8 11/30/88 247.86 Barclays American 89 RE(2/2) 116935-8 6/2/89 247.86 Barclays American 90 RE(1/2) 119068-8 2/5/89 275.60 Barclays American 90 RE(2/2) 119068-8 5/21/90 275.60 Barclays American 91 nE(1/2) 120463-6 11/26/90 291.12 Mary M. Smit 91 RE(1/2) 106831-0 11/16/90 74.30 Michael H. Levinson 91 RE(]./2) 66734-4 12/5/90 166.67 Michael H. Levinson 91 PE(1/2) 66735-3 12/5/90 194.53 Bonney Road Associates 91 RE(1/2) 10898-4 12/5/90 1,168.63 First Union Mortgage Corp. 91 RE(1/2) 90621-0 11/26/90 5.22 First Union Mortgage Corp. 91 RE(1/2) 125647-4 11/26/90 24.96 First Union Mortgage Corp. 91 RE(1/2) 112538-4 11/26/90 15.48 Janice M. Buggs 89 pp 25188-5 2/15/91 22.15 Total 3,009.98 This ordinance shall be effective from date of adoption. The$l@8 .1@wnt(s) totaling Ce ere approved by the Council of City of VyAnia 199, Beach on the day of e, surer Approved as to form: Ruth Hodges Smith City Clerk Le@.1 - 26 - Item I-1. 1. UNFINISHED BUSINESS ITEM # 34548 BELL SUBDIVISION Anne Virga, 4829 Lakesedge Cove, Phone: 363-9656, President of the Chesapeake Beach Civic League, expressed concern relative drainage outfall. The League is opposed to any drainage outfall which obstructs or empties into Chesapeake Beach. This would be a safety hazard and increase erosion. Robert Guess, 2529 Fentress Avenue, Phone: 463-3653, resident for 51 years. Mr. Guess spoke in OPPOSITION to any further development on Pleasure House Lake. The Lake is too fragile for additional homes. Robert J. Smith, 5032 Lauderdale Avenue, Phone: 464-4989, expressed concern relative outfall of Pleasure House Lake and size of the proposed lots. Robert J. Scott, Director of Planning, advised a preliminary subdivision plan was submitted on May 15, 1990, to the Planning Department for approval of a 23 lot subdivision over Pleasure House Lake area, on both sides of the Chesapeake Bay Bridge Tunnel. This entailed the filling of some area and excavation of the area depicted in pink on the displayed map, as well as excavation of area depicted in light blue. This created a number of problems and for a variety of reasons, this particular proposal was DISAPPROVED. Other submittals also received disapproval. In February 1991, Richard Bell, property owner subdividing the area, met with the City and reduced the scope of the proposal. The property, only on the west side of the Bay-Bridge Tunnel is involved, not 23 lots, but 8 lots. There is no filling and no excavation being proposed. Part of the proposal assured that no portion of Pleasure House Lake would be filled or bulkheaded. However, this plan was DISAPPROVED. Through additional work, communication between the City and the applicant, and communication between representatives of the Civic League, an agreement was reached which would include a dedication of a small but strategically located parcel at the corner of Pleasure House and Lookout Roads on the Shore of the lake, which would be dedicated to the City. There was also an agreement to dedicate the necessary drainage and impoundment easements as required by the City and to enter into cost participation agreements with the Chespeake Beach/Pleasure House Lake Drainage Project. There would also be an agreement not to fill any portion of Pleasure House Lake or to bulkhead any portion of the existing shoreline. The City's subdivision and zoning ordinance requirements will be met by this proposal. The proposal is not in conflict with any aspect of the regulatory system. This plan has been APPROVED for the eight (8) lots and is greatly reduced and modified from the previous proposal. Assistant Attorney Macali advised adverse claims of title are not matters, which the City can address at this point. As long as all City requirements and applicable State and Federal requirements are satisfied, the City is required to approve the subdivision. Any conflicting title claims are resolved by the parties themselves. The only requirement of the subdivision ordinance is a certified engineer or land surveyor has to certify on the final plat, as opposed to the preliminary plat the subdivider is the owner of all the land encompassed by the subdivision. - 27 - Item I-I. 2. UNFINISHED BUSINESS ITEM # 34549 ADD ON Councilwoman Parker referenced a newspaper article concerning the real estate assessment for LAKE RIDGE being $20,000 an acre. Although on May 28, 1991, when City Council ADOPTED the Conditional Zoning Classifications, it was stipulated in the PROF'FERS at $60,000 an acre. Councilwoman Parker expressed concern relative this discrepancy. - 28 - Item I-I.3. UNFINISHED BUSINESS ITEM # 34550 ADD ON Councilwoman Parker referenced the correspondence relative the proposed SANDBRIDGE HOTEL and the proposed sewage treatment system. Councilwoman Parker requested information concerning the number of rooms and whether this would be an on-site package treatment plant or drainfield. The City Manager will provide information. - 29 - Item I-I.4. UNFINISHED BUSINESS ITEM # 34551 ADD ON The City Manager distributed information relative Parking Meter revenues. A variety of scenarios were presented, which would enhance parking meter revenues. In addition, data that describes parking meter zones, as it pertains to specific locations, current inventories, and demand areas accompanied by a map of metered parking in the resort was distributed to City Council. - 30 - Item I-I.4. UNFINISHED BUSINESS ITEM # 34551 ADD ON The City Manager distributed a Memorandum concerning the possibility of some form of Merit Leave in lieu of cash incentives which could not be provided for City Employees in the FY 1991-1992 Budget. - 31 - Item I-J. 1. NEW BUSINESS ITEM # 34552 Upon motion by Councilman Brazier, seconded by Councilman Baum, City Council ADOPTED, AS REVISED: Ordinance to AMEND and REORDAIN Section 5-31 of the Code of the City of Virginia Beach, Virginia, re bird sanctuaries: Hidden Shores Condos - Lynnhaven Borough Cavalier Park, Heron Cove and Bay Colony - Bayside Borough Westview Village - Kempsville Borough A N D, corrected the spelling of "Riverton" Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Harold Heischober AN ORDINANCE TO AMEND AND REORDAIN SECTIO14 5-31 OF TliE CODE OF TFIE CITY OF VIRGINIA 4 BEACH, VIRGINIA, PERTAINING TO 5 BIRD SANCTUARIES. 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 7 BEACH, VIRGINIA: 8 That Section 5-31 of the Code of the City of Virginia Beach, 9 virginia, is hereby amended and reordained to read as follows: 10 Section 5-31. Established; purpose. 11 The following described areas in the city are hereby declared 12 to be bird sanctuaries for the protection of all birds: 1- (1) North Thalia in Kempsville Borough: Beginning 14 at a point in the center of Thalia Creek on the 15 north side of U.S. Rolite 58 (virginia Beach 16 Boulevard) ; thence in a northerly direction 17 following the center of Thalia Creek to the 18 merger of Thalia Creek, the western branch of 19 Lynnhaven River and Buchannan Creek; thence i, 20 an easterly direction along the center of 21 Buchanan Creek (Lynnhaven and Kempsville 22 Borough line) to the northeast boundary of 23 Thalia Shores; thence in a southerly direction 24 along the Lynnhaven and Kempsville Borough line 25 to a point; thence along the borough line in 26 a westerly direction approximately twelve 27 hundred (1200) feet, more or less, to a point; 28 thence along the borough line in a southerly 29 direction to the north side of U.S.Route 58 30 (Virginia Beach Boulevard) and Route 1192 (West 31 Brook Road) ; thence in a westerly direction 32 along U.S. Route 58 to the point of beginning. 33 (2) Chesopian Colony in T,yiinhaven Borough: 34 Beginning at a point in the center of Pine Tree 35 Branch on the north side Of IJ.S. Route 58 3 6 (Virginia Beach Botilevard); thence in a 37 northerly direction following the center of 3@ Pine Tree Branch to the merger of Pine Tree 39 Branch, the eastern branch of Lynnhaven River 40 and London Bridge Creek; thence in a 41 southeasterly direction along the center of 42 London Bridge Creek to U.S. Route 58 (Virginia 43 Beach Boulevard); thence along the north side 44 of U.S. Route 58 in a westerly direction to 45 the point of beginning. 46 (3) The subdivisions known as Cavalier Park, Herons 47 Cove, Bay Colony, Kings Grant, Alanton, Kings 48 Forest, Malibu, Birchwood Gardens, Lynnhaven 4 Acres, Cape-Story-By-The-Sea, Bay Island and 50 Trantwood Shores in the Borough of Lynnhaven 51 and Nottingham Estates, Laurel Cove and Aragona 52 village in Bayside Borough. 53 (4) All that certain area located in Lynnhaven 54 Borough, including, but not limited to those 55 subdivisions known as Wolfsnare Plantation, 56 Southern Points, Robin Hood Forest and Great 57 Neck Estates, and being more particularly 58 described as follows: Beginning at a point in 59 the center of Wolfsnare Creek on the western 60 side of Great Neck Road; thence in a westerly 61 direction following the center line of 62 Wolfsnare Creek to the merger of Wolfsnare 63 Creek and the eastern branch of the Lynnhaven 64 River; thence in a northerly direction along 65 the center line of the eastern branch of the 66 Lynnhaven River to the merger of the center 67 line of the eastern branch with Inlynnview Road 68 extended; thence, in an easterly direction and 69 running parallel to Robin Hood Road, down the 7 center of Inlynnview Road to the intersection 2 71 of Inlynnview Road and Five Points Road; 72 thence in a northerly direction, down the center of Five Points Road to the point of 74 intersection of Five Points Road and Rose Hall 75 Drive; thence in an easterly direction, down 76 the center of Rose Hall Drive to the 77 intersection of Rose liall Drive with Great 78 Neck Road; thence in a southerly direction and 79 traveling along the western right-of-way line 80 of Great Neck Road to the point of merger of 81 the center line of Wolfsnare Creek with the 82 western right-of-way line of Great Neck Road, 83 said point being the point of beginning. 1 (5) All that certain area bounded on the north by 85 Shore Drive, on the south by Long Creek, on the 86 west by Great Neck Road and on the east by the 87 subdivision known as Cape-Story-By-The-Sea. 88 (6) The subdivisions known as Lakeview Shores, Lake 89 Sinith Terrace, Lake Smith Terrace-West, 90 Thoroughgood, Thoroughgood Estates, Lake 91 Shores, Bayville Park, Baylake Pines and 92 Baylake Beach in Bayside Borough. 93 (7) All that certain area located in Princess Anne 9A Borough being described as follows: From the 95 intersection of the center line of Hell Point 96 Creek and Tabernacle Creek to its intersection 97 with the center line of Muddy Creek to its 98 termination at North Bay, then northwardly 99 along the center line of Hell Point Creek to 100 the point of origin. 101 (8) The subdivisions known as Lake James, 102 Kempsville Heights, Point-of-View, Arrowhead, 103 Carolanne Farms, Huntington, Fairfield, 104 Kempsville Manor, Kempsville Gardens, Lark ic Downs, Larkspur, Kempsville Colony, Bellamy 3 106 Manor, Acredale, @t-en Riverton, Lakeville 107 Estates, Timberlake and Stratford Chase in jr- Kempsville Borough and Fawn Village at Indian 109 Lake. 110 (9) All that certain area located in Princess Anne ill Borough being described as follows: From the 112 center line of North Landing Road easterly five 113 hundred (500) feet and westerly five hundred 114 (500) feet and running parallel to North 115 Landing Road from the south line of Indian 116 River Road to the Chesapeake City boundary line 117 on the Intercoastal Waterway. 118 (10) The subdivision known as Lago-Mar in Princess 1]L Anne Borough. 12 0 (11) The subdivision known as Green Run in Princess 121 Anne Borough. 12 2 (12) The subdivisions known as Pembroke Meadows, 123 Pembroke Manor, Witchduck Point and Witchduck 124 Bay in Bayside Borough. 125 (13) The subdivision known as Lynnhaven Colony. 12 6 (14) All that certain area known as Beach Garden 127 Park in the Lynnhaven Borough of the city; said 128 area is located directly south of Laskin Road, 129 bounded on the west by Barberton Drive and on 13 0 the east by lfolly Road running to 26th Street. 131 (15) All that certain area known as Chesapeake Beach 132 in the Bayside Borough of tlie city; said area 13 3 is bounded on the south by Shore Drive, bounded 134 on the north by Chesapeake Bay, bounded on the 13 5 west by Little Creek Amphibious Base, and 13 6 bounded on the east by the subdivision known 137 as Baylake Pines. 138 (16) All that certain area known as Princess Anne 13 9 Plaza in the Lynnhaven and Princess Anne 14 Boroughs of the city; said area is bounded on 4 141 the north by the Virginia Beach toll road, 142 bounded on the west by Rosemont Road, bounded J,- - on the south by Holland Road and Lynnhaven 144 Parkway, and bounded on the east by Lynnhaven 145 Parkway. 146 (17) All that certain area known as wolfsnare in the 147 Lynnhaven Borough of the city; said area is 148 bounded on the east by First Colonial Road, on 149 the north by the Northern Branch of Wolfsnare 150 Creek, on the west by Great Neck Road, and on 151 the south by the southern branch of Wolfsnare 152 Creek, Regency Apartments, and Laskin Road; to 153 include the subdivision of First Colonial 11 Estates, Camden Estates, Glouster Village, 155 Hilltop Manor, Wolfsnare Acres, Washington 156 Square and Woods of Washington Square. 157 (18) All that certain area known as Lake Placid in 158 the Princess Anne Borough. 159 (19) The subdivision known as Great Neck Point in 160 the Lynnhaven Borough. 161 (20) The subdivisions known as Ballylinn Shores and 162 West View Village in the Kempsville Borough. 163 (21) All that certain area known as Hunt Club Forest 164 in the Princess Anne Borough. 165 (22) All that certain area known as Pine Ridge in 166 the Princess Anne Borough. 167 (23) The subdivision known as Kenstock in the 168 Lynnhaven Borough. 169 (24) All that certain area known as the campus of Virginia 170 Wesleyan College in the Bayside Borough. 171 .(25) All that certain area known as the Hidden Shores 172 condominiums in the Lynnhaven Borough. 173 Adopted by the Council of the City of Virginia Beach, Virginia 174 on the day f June 1991. 175 CA-4277 176 \ordin\proposed\05-031.pro 177 R-4 5 - 32 - Item I-J.2. NEW BUSINESS ITEM # 34553 ADD-ON The City Manager advised the drought is beginning to have a significant impact on the water systems. The Norfolk City Council is also being informed there is a need for both the Cities of Norfolk and Virginia Beach to proceed with VOLUNTARY water conservation. Over the next several weeks, Public Information programs will commence relative utilizing City water for only essential uses and requesting the citizens refrain from the use of City water for watering their lawn and other non- essential uses. BY CONSENSUS, City Council concurred with the need for VOLUNTARY water conservation. - 33 - Item I-K. 1. AD,JOURNMENT ITEM # 34554 Upon motion by Councilman Baum, and BY CONSENSUS, City CouDcil ADJOURNED the Meeting at 4:55 P.M- Be @@l 0. H..k. Chief Deputy City Clerk -Ruth Hodges Smith, CMC Me er E. Ober City Clerk Ma yr City of Virginia Beach Virginia