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HomeMy WebLinkAboutMARCH 26, 1991 MINUTES "WORLD'S LARGEST RESORT CITY" CITY COUNCIL -10@ @O@ERI I IIWII@, CITY COUNCIL AGENDA 26, 1991 ITEM 1. FORMAL SESSICK r 6.-00 Pm A, 70 ORDER Mayor Meye- E. Oberndorf B- INVIOCATION: Chaplain Donald Staton Virginia Beach Police Departmnt C' PLEDGE OF TO THE F@ OF T-HE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF C,Ty CC)UNCIL E. CERTIFICATION OF EXE=IVE SESSION F. " INFORMAL & FO@ SESSIONS - Deferred - March 5, 1991 2. INFO@ & FORMAL SESSIONS - March 12, 1991 G. REPORT TO CITY COWIL 1- PLANNIM COMMISSION Daniel J. Arris, Chairman 2, CENTRAL BUSINESS DISTRICT COMMISSION srudy W. Robert iones, Chairman R. CITY MANAGER'S PRESENTATION 1- SOUTH@ERN EXPRESSVRY Chris Lloyd, Project Marlager Maguire Group, Inc. F-k DU-, T-sportation Planner John Martz, Location and Design Ken Wilkerson, Envirorffnental Quality Virginia Departrmnt of Transprtation PUBLIC 1. SOUTREASTERN EXPRESS@Y a. Design b. Alignment J. RESOLMONS 1. Resolution to support the Virginia Departmnt of Transportation's Design proposal; and, the reocmended align-nt, BE-10, as depicted on the City's Master Street and Highway Plan for the Southewtern Exp--y. 2. Resolution establishing a Public-Use Golf Course Ccmmittee of the City of Virginia Beach, Virginia, to study means of establishing and financirig golf courses in the City for use by the public. K. CONSERT AGEMN All matters listed under the Consent Agenda are considered in the ordinary course of business by City Oouncil and will be enacted by ow motion in the form listed. If an item is remved from the C,rs,nt Agenda, it will be discussed and voted upon separately. 1. Resolution directing the Director of Finance to authorize Crestar Bank to make payment to Bearer (Crestar Bank) of $5,000 principal amunt plus interest to date of maturity re General obligation Public -nt Bond, Series of 1978, Bond number 1644, said bond having been misplaced by crestar Bank. 2. Ordinanoe, Lipon SEcom READING, to $28,250 from the Ccnmnwealth of Virginia to the Fire Departrnent re purchase of automatic defibrillators. 3. Ordinance, upon FIRST READIW,, to and APPROPRLATE a $5,000 Grant fran the National Crime Prevention Council to the Department of Juvenile Probation re -Teens, Crime and the ity Program,; and, increase revenue from the Federal Goverrment for FY 1990-1991 by $5,000. 4. Ordinances appointing viewers in the petitions of: a. A. Stafford and Anne t4- StaffOrd fOr the closure of a portion of Cape Henry Drive (LYNNHAVEN BOROUGH). b. G8mini Builders, Inc. f_ the closure of a portion of old Princess Anne Road (KEmpsviLLE BoRouGH). 5. FICATES OF PUBLIC CONVENIENCE AND NECESSITY: Alpine Limousines Fortum 500 Limousines, Ltd. L. PUBLIC HEARIW. 1. PLANNM a. Authorization for conversion of a rionconfo@ng use at 3700 west stratford Road, containiru 12,980.88 square feet, property of C & T Properties, Inc. (aAysiDE BOFUUGH). b. Application of JOHN M. BAILED and MICHAEL J. MILES for a Conditional Use Pemit for a landfill on the East side of Oceana Boulevard, 1000 feet South of Southern Boulevard, containing 70 acres (LYNNKKVEN BOROLUH). @ccmwndation: AP c. Application of MMVIN HELMICK for a Variance to Section 4.4(b) of the Subdivision ordinance whicff re-quires that all lots created by subdivision meet all requiremnts of the City Zoning Ordinance, at the Northwest intersection of Holly Road and 35th Street (VIRGINIA BEACH BOROUGH). Rec@ndation: d. Application of RICKIE L. MACHLERM and ROBFJM L. WHI for a Change of Zoning District Classification from R-10 Residenti istrict to A-18 Apartrnent District at the Southeast corner of South Birdneek Road and Brooklyn Avenue, containing 2.070 acres (LYNNHAVEN BOROUGH). Reccnmndation: e. Applications of INDIAN P ION, IW. (PRINCESS ANNE BOROUGH) : Change of Zonirig District Classifications: (1) AG-1 Agricultural District to R-10 Residential District, contai ing 56.1 acres: PARCEL 1: 720 feet more or less North of Irldian River Road beginning at a point 5600 feet more or less @st of @st Neck Road. PARCEL 2: 700 feet more or less North of Indian River Road beginning at a point 4200 feet more or less @st of West Neck @d. PARCEL 3: 640 feet more or less North of Indian River Road beginning at a point 3040 feet more or less @st of @st Neck Road. PARCEL 4: 840 feet more or less North of Iridian River Road begirming at a point 640 feet more or less @st of hbst Neck Road. (2) AC,-l Agricultural District to R-15 Residential District, containing 82.1 acres: PARCEL 1: 660 feet more or less North of Indian River Road beginning at a point 740 feet more or less @st of @st Neck Road. PARCEL 2: 1360 feet more or less North of Indian River Road beginning at a point 3850 feet more or less @st of @st Neck Road. PARCEL 3: 1920 feet more or less North of Indian River Road beginning at a point 5540 feet more or less West of @st Neck Road. (3) 1Vrigcultural District to R-20 Residential District, =ta n 101.9 acres: PARCEL 1: 700 feet more or less North of Indian River Road beginning at a point 1140 feet more or less @st of Wst Neck Road. PARCEL 2: 1200 feet more or less North of Indian River Road beginning at a point 900 feet more or less hbst of Wst Neck Road. PARCEL 3: 4000 feet more or less North of Indian River Road beginning at a point 700 feet more or less Wst of Wst Neck Road. PARCEL 4: 1900 feet more or less North of Indian River Road beginning at a point 4800 feet more or less Wst of Mst Neck Road. PARCEL 5: 2300 feet more or less North of Indian River Road beginning at a point 3650 feet more or less %bst of West Neck Road. PARCEL 6: 1400 feet more or less North of Indian River Road beginning at a point 3700 feet more or less hbst of hbst Neck Road. (4) AG-2 Agricultural District to R-10 Residential District, containing 52.9 acres: PARCEL 1: North side of Indian River Road beginning at a point 5800 feet more or less West of @st Neck Road. PARCEL 2: North side of Indian River Road beginning at a point 5200 feet more or less @st of Rbst Neck Road. PARCEL 3: North side of Indian River Road beginning at a point 2920 feet more or less west of Wbst Neck Road. PARCEL 4: hbst side of West Neck Road beginning at a pc)int 800 feet more or less North of Indian River Road. PARCEL 5: 2940 feet Northwest of the intersection of Indian River Road and West Neck Road. (5) @n-t2 !Ligcu2ltural District to R-15 Residential District, aN .n 2.8 acres: PARCEL 1: West side of West Neck Road beginning at a point 4440 feet more or less North of Indian River Road. PARCEL 2: 300 feet more or less North of Indian River Road beginning at a point 640 feet more or less Mst of Wbst Neck Road. (6) 2 ltural District to R-20 Residential District, t 14.6 acres: PARCEL 1: 700 feet more or less North of Indian River Road beginning at a point 1140 feet more or less @st of West Neck Road. PARCEL 2: 3340 feet more or less North of Indian River Road beginning at a point 1800 feet more or less @st of @st Neck Road. PARCEL 3: 3480 feet more or less North of Indian River Road beginning at a point 240 feet Tnore or less West of West Neck Road. AND, Conditional Use Pemit: For a recreational facility of an outdoor nature (golf course) at the Northwest intersection of Indian River Road and West Neck Road, containing 203.6 acres. Deferred Indefinitely and Referred to Planning Cormnission: May 14, 1990 Deferred for @ Adoption of the Ccmprehensive Plan Pec@ndation: DENY ALL APPLICATIONS f. Applications of LAKE RIDGE ASSOCEATES for Conditional Zoning Classifications (PRINCESS ANNE BOROUGH): (1) ricultural District to A-12 Apartmnt District, ntlaining 103.5 acres: PARCEL 1: 4000 feet more or less Southwest of the intersection of Princess Ame Road and Landstown Road. PARCEL 2: 6400 feet more or less Southwest of the intersection of Princess Anne Road and Landstown Road. (2) AG-1 Agricultural District to A-18 Apartnient District 5050 feet more or less Southwest of the intersection of Princess Anne Road and Landstown Road, containing 23.6 acres. (3) @l Agricultural District to B-2 Ccmunity Business District, containing 187.1 acres: PARCEL 1: 1200 feet more or less Southwest of Princess Anne Road, 4600 feet more or less Southeast of Landstown Road. PARCEL 2: 2200 feet more or less Southwest of Princess Anne Road, 3900 feet more or less Nortlwest of North Landing Road. PARCEL 3: 900 feet more or less West of Laridstown Road, 2800 feet more or less Northwest of Princess Anne Road. (4) AG-1 Agricultural District to H-1 Hotel District 3400 feet more or less West of Princess Anne Road beginning at a point 4800 feet more or less Southwest of the intersection of Princess Anne Road and Landstown Road, containing 15 acres. (5) AC-1 Agricultural District to 0-2 Office District, containing 200 acres: PARCEL 1: 1200 feet West of Princess Ame Road beginning at a point 1400 feet more or less Southwest of the intersection of Princess Anne Road and Landstown Road. PARCEL 2: 1200 feet East of Landstown Road beginning at a point 3050 feet more or less South of the intersection of Landstown Road and Princess Anne Road. PARCEL 3: 1200 feet @st of Landstown Road beginning at a point 1800 feet more or less Southwest of the intersection of Landstown Road and Princess Anne @d. PARCEL 4: 1200 feet hbst of Landstown Poad beginning at a point 3250 feet more or less Southwest of the intersection of Landstown Road and Princess Anne Road. PARCEL 5: 1200 feet West of Landstown Road beginning at a point 4850 feet more or less Southwest of the intersection of Landstown Road and Princess Road. (6) AG-1 Agricultural District to 0-2 Office District located 1200 feet rnore or less Southwest of Princes@Anne Road, 9100 feet more or less Southeast of Landstown Road, containing 155.6 acres. (7) ral District to 0-2 Office District, =tlai&rgi-18lotul acres: PARCEL 1: 7320 feet more or less Northeast of the intersection of Landstown Road and Salem Road. PARCEL 2: 1800 feet more or less Southwest of the intersection of Landstown Road and Princess Anne Road. (8) AG-1 Agricultural District to P-1 Preservation District 1200 feet wst of LandstOwn ROad beginning at a point 3000 feet more or less Southwest of the intersection of Princess Anne Road and Landstcywn Road, containing 117 acres. (9) AG-2 Agricultural District to B-2 Ccmmnity Business District, on the Southwest side of Princess Anne Road, 4460 feet more or less Southeast of the intersection with Landstown Road, containing 18.5 acres. (10) AG-2 Agricultural District to 0-2 Office District 1200 feet more or less Southwest of the intersection of Landstown Road and Princess Ame Road, containing 3.3 acres. (11) AG-2 Agricultural District to 0-2 office District, on the East and West sides of Landstown Road, South ot the intersection with Princess Anne Road, containing 143.2 acres. (12) nt2 @ricultural District to 0-2 office District on the h st ide ot Princess Anne Road, 9100 feet more or less Southeast of Landstown road, containing 17 acres. (13) AG-2 Agricultural District to P-1 Preservation District on the East and West sides of Landstown Road, 7200 feet more or less East of Salem Road, containing 20.1 acres. (14) R-5D Residential Duplex District to 0-2 office District 1250 feet more or less Southwest ot the intersection of Princess Anne Road and Landstown Road, containing 8.5 acres. Deferred for the Adoption of the Cornprehensive Plan @oomendation: APPROVE ALL APPLICRTIONS M. UNFINISHED BW@ N. NEW BUSINESS 1. Administrative appeal of Mr. and Mrs. Charles D. Leffler to City Council re four lots for right of ingress and egress via a private lane over the Leffler property as Eagles Reach. (Sponsored by Mayor Meyera E. Obemdorf) 0. AW 3/21/91 gs M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia March 26, 1991 Mayor Meyera Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chambers, City Hall Building, on Tuesd@y, March 26, 1991, at 6:00 P.M. Council Members Present: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Absent: None INVOCATION: Chaplain Donald Staton Virginia Beach Police Department PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - 2 - Item I-E.I. CERTIFICATION OF EXECUTIVE SESSION ITEM # 34215 CERTIFICATION was not necessary as no EXECUTIVE SESSION was held. 3 Item I-F.l. MINUTES ITEM 34216 Upon motion by Vlce Mayor Fentress, seconded by Councilman Heischober, City Council APPROVED the Minutes of the INFOR14AL AND FORMAL SESSIONS of March 5, 1991, as REVISED. Vice Mayor Fentress referenced Page 7, ITEM # 34153 The verbiage "to make It economically feasiblell shall not be Inserted after the words "..sufficient user demand" on Page 36, Transportation, (Page 11- C-15 of the Comprehensive Plan Draft) "Serious consideration of such systems should be predicated upon a demonstration of sufficient user demand to m-',e I+ agopomir@lly ton@@ and the ability to link these faclilties to simllar or other modes of transportation, as may be found appropriate." Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, 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: None 4 Item I-F.2. MINUTES ITEM 34217 Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City Council APPROYED the Minutes of the INFORMAL AND FORMAL SESSIONS of March 12, 1991: Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Helschober, Louls R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndort, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None 5 Item I-G.l. R E P 0 R T T 0 C I T Y C 0 U N C I L PLANNING COMMISSION 6:10 P.M. ITEM # 34218 Daniel J. Arris, Chairman - Plannlng Commission advised of his purpose to establish an on-going spirit of cooperation and communlcation between the Planning Commlssion and the City Council. Mr. Arris recommended the City Council consider a Consent Agenda as in a majority of cases the Council's decision coincides with the Pianning Commission. In several of the applications where there Is a disagreement with the recommendation of the Planning Commlssion, the applicant has often made substantive changes In their proposal. In those particular cases, the application should come back to the Planning Commission before final City Council consideration. Mr. Arris advised reasonable and constructive suggestions have been made to Improve the COMPREHENSIVE PLAN. The Planning Commission wishes to revisit some of these suggestions and bring forward their Ideas to City Council. Mr. Arris distributed a nwish list" of 1991 Proposed Projects. Said list Is hereby made a part of the record. The Planning Commission wishes to establish a list of objectives for each of the Items, select a staff liaison and then form a committee. The majority of the Committees would be involved with the Planning C-ommission Members and In some cases, outside assistance Redevelopment -- 17th Street Project Communities of Place r,olf Courses Seatack -- Community needs vs. Aculz vs. Crash Zone Blueprint for the rural community - Looking Into the 21st Century Architectural Review. More detailed information will be provided to City Council relative each of these Proposed Projects. 6 Item I-G.l.a INTRODUCTION ITEM 34219 ADD-ON Mayor Oberndorf recognized the fol lowing Boy Scouts In attendance during the City Council Session to earn their Merit Badges. TROOP #191 John Anderson (Troop Committee Member) Daniel Anderson David Million Scott Larrabee 7 Item I-G-2. R E P 0 R T T 0 C I T Y C 0 U N C I L CENTRAL BUSINESS DISTRICT 6:33 P.M. ITEM # 34220 W. Robert Jones, Chairman - Central Buslness District Commission, read Into the record the transmittal letter to the City Council. Said letter Is hereby made a part of the record. In accordance with the resolutlon ADOPTED November 6, 1989 and AMENDED November 20, 1989, by the Council of the City of Virginia Beach, the Central Business District Commission selected a consultant. Mr. Jones distrlbuted the CBD MASTER PLAN which will provide guidance for development of the Central Business District over the next 25 years and beyond. Mr. Jones Introduced Dr. Stephen S. Ful ler, Principal of the EDAW Consulting Team - Professor of Urban and Regional Planning and Chalrman of the Department of Urban Planning and Real Estate Development at the George Washington University in Washlngton, D.C. Dr. Ful ler advised the Central Business District by definition Is a compact place, urban In its conf lgurat*ion and enhances and accommodates pedestrian activity and vitality. The CBD Is a place where It Is easy to walk about. It conslsts of a variety of activities, both public and private. The interdependencies among the buildings and open spaces, the retall office and public activities Is an important aspect. The Pembroke area lies just north of the Virginia Beach Expressway and Is almost centered between the Beach and downtown Norfolk. In fact, It Is more than just a center for the City, it Is a center for the region. It provides many opportunities for service and development beyond those that might accrue to residents in Virginia Beach. In effect, It Is the heart of the City. Pembroke represents approximately 2 1/2- MILLION square feet of space domlnated by the Pembroke Mall comprised of over 700,000 square feet, with office bulldings, 1400 residential units within the CBD, a lot of open space and many unrelated functions, although very compatible both public and private. The princlpal design features of the Concept Plan Include: Compact and modern appearance Extroverted Image Pedestrian orientatlon Integrated land use pattern Street-oriented bulldings Streetscape and green spaces create design quality Image Reinforcement of adjacent residential areas Pedestrian-retall bridge spannlng Virginia Beach Boulevard Location of parking lots and structures in the Interior of blocks on secondary streets Central Park The Central Park creates a public space to accommodate a full range of day-time and vending activities on a year 'round basis. This will be a major focal point for the City center serving shoppers, visitors, office and sales workers. Dr. Fuller advised the major GOALS and OBJECTIVES: LAND USE: Support an Integrated, mlxed land use environment, building from existing faci lities and structures and recognizing future market potential. URBAN DESIGN: Establish a distinct physical structure and Image for the CBD. ENVIRONMENT: Protects, restores and enhances existing natural features. TRANSPORTATION: Establishing a transportation network that supports both internal and external circulation. 8 Item I-G.2. R E P 0 R T T 0 C I T Y C 0 U N C I L CENTRAL BUSINESS DISTRICT ITEM # 34220 (Continued) The Concept Plan recognized the Importance of Its existing environment. Rather than a barrier to the CBD's development, this natural environment, including Thalia Creek, Its tributaries and associated wetlands, provide the CBD with visual qualities and open spaces that establish Its distinctive identity and theme. The protection and enhancement of Thalia Creek provides an Important structuring element in the plan and contributes to Its Identity. The urban environment already existing is the starting point. Many of the structures are of good quality and will be retained. The Transportation system Is of high quality. With the plans that are already in place and recognized within the Capital Improvement Budget, most of the transportation facilities necessary to support the Initial phases of the CBD's development are basically available. Creating a unique place constitutes a portlon of the mission. The key word Is diversity, establishing both residential functions, retall, recreational, hotel and cultural opportunities. There are two major areas In the CBD. They are the core and the transition areas. The core Is geographically the center of the CBD. It is physically bounded by Independence Boulevard on the west, the Norfolk and Southern railroad on the south, Constitution Drive on the east and to a short distance south of Jeanne Street on the north. This Is the area with the greatest potential for higher density, building helght, activity and pedestrian movement In the study area. The existing grid of streets provides for both the physical Integration of land use and a pedestrian-oriented development pattern. Surroundlng the Core Area is the Transition Area which extends from the core to the limits of the CBD. The Transition Area Is bounded by Kellam Road on the west, Bonney Road and the Virginia Beach Expressway on the south, Thalia Creek on the east and Jeanne Street on the north. In the Transition Area, the land uses gradually diminish in density and buildlng height to create a more compatible condition along the perlmeter. The Core area is going to be dominated by offices and retall, restaurants, hotels, higher density residential, open space and cultural facilities. The Transitlon Area, which wraps around the Core, is predominately residential with residential serving retall and some professional offices, open space, educational and health facilities. Dr. Fuller displayed the Open-Space/Landsr-ape and Parks PlanIof which the Central Park is a key element. Additional parks, which ser'le a number of purposes, connect Into the Thalia Creek drainage area. The buildings depicted In orange are the commercial spaces. Purple Indicates appropriate locatlons for hotels. Blue Indicates public buildings, Including the present High School. The key to the entlre plan in achieving the Image and vision of the CBD is the Central Park. An Implementation Plan has been developed, which Is focused on providing the means for fulfilling the Master Plan. Financial Plan Management Plan Priority Projects and Phasing Plan Regulatory Strategy The utilization of tax-increment financing Is strongly suggested. The Intrastructure/public Investment costs regarded as necessary to establlsh support for the level of development are estimated to be $42-MILLION. This estimate does not include costs for land acquisition. These estimates were prepared to reflect requirements beyond those expenditures already included In the City's Capital Improvement Program. Utilizing a tax Increment financing program, approximately $115-MILLION would be generated over 25-years. In terms of managlng this process, the creation of a CBD Program Office was suggested to report to the City Manager and the Clty Council; and, be tasked with co- ordlnating the plannlng, Implementation of programs, management of public information, co-ordination of all Improvements over time and the management of the tax-increment financing process. 9 I tem I -G. 2. R E P 0 R T T 0 C I T Y C 0 U N C I L CENTRAL BUSINESS DISTRICT ITEM # 34220 (Continued) Dr. Ful ler advised a 25-year plan is being investigated with a total square footage excluding residential space of 6.8-MILLION square feet. The area Is currently zoned to accommodate approximately 30-MILLION square feet. Dr. Fuller believed the market would support 900 additional residential units. An older community, without children, is being recognized. These Individuals wish to live closer to retall, recreational and cultural facilities. Mr. Jones recognized Members of the Central Business District Commission: Michael C. Ashe William J. Cashman Gerald S. Divaris Charles R. Krummell Richard E. Olivieri James F. Willenbrink EX OFFICIO MEMBERS Robert W. Clyburn - Council Member William D. Sessoms, Jr. - Council Member John D. Moss - Former Council Member Tom Martinsen - Former Deputy City Manager E. Dean Block - Assistant City Manager Rick Berry - Purchasing Special thanks to City Manager Aubrey V. Watts for his assistance during the transition period from Tom Martinsen to Oral Lambert as the prime Commission-City Interface. C. Oral Lambert, Jr., - Director of Public Works - 10 - Item I-G-2. ITEM # 34221 Upon motlon by Councilman Sessoms, seconded by Councllman Clyburn, City Council ACCEPTED: REPORT OF THE CENTRAL BUSINESS DISTRICT COMMISSION Recommendations In the CBD Report shal I be considered by City Counci I within ninety days (June 23, 1991). Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louls 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: None Item 1-H.2. C I T Y M A N A G E R' S P R E S E N T A T I 0 N SOUTHEASTERN EXPRESSWAY 7:30 P.M. ITEM # 34222 Christopher Lloyd, Project Manager - Maguire Group, Inc., resident of the City for 37 years, presented Information relative the current status of the Southeastern Expressway project. The Southeastern project began with the Mayor's Committee on Roads in 1983. In 1984, the project was expanded to Include both Chesapeake and Virginia Beach as VDOT encouraged local planners to add the project to the Regional Highway Plan. In 1985, the project was adopted by the Southeastern Virginia Metropolitan Planning Organization for Incorporation Into the Year 2000 highway needs study. Aerial photography and conceptua I a I I gnments were f urther deve I oped by VDOT staf f i n 1986. 1 n 1 987, VDOT selected Maguire Group, Inc. to provide planning, engineering and environmental studies to advance the project to its current state. During the past three and one-half years the Department of Transportation and their consultant evaluated over 1600 miles of roadway allgnment alternatives on this project, 3600 parcels of right-of-way takings, delineated 3200 acres of non- tldal wetlands, Investigated 145 architectural and historical sites and have conducted air noise analysis at 119 locations through the approximate 70-square mile study area. In addition, the Department has conducted 10 separate Public Information Meetings, held 4 days of Public Hearings, distributed over 3600 newsletters on four different occasions and maintained a project "hot line", which logged over 700 phone calls. It has also conducted over 50 separate presentations to interested citizens and organized groups throughout this period. In terms of local co-ordlnation, the Department and the Consultant met monthly for a period of two years with City Plannlng and the Planning District Staff through the development of the flnal alternatives and distribution of the DRAFT DIS In the late Summer of 1989. VDOT Is proposing a,concept which reduces the Impacts of the Southeastern Expressway by 50 to 60% over that which was initially presented In the Summer of 1989. This concept involves a reconfiguration of the ultimate 8-lane freeway facility to a 4-lane facility. Interchanges have been abridged In an attempt to reduce the footprint of the expressway. To further reduce impacts, Interchanges to Centerville Turnplke and Indian River Road have been eliminated. The ultimate results of this reconfiguration of Southeastern Expressway provides a 35% reductlon in Capital Costs, a 14% reduction in cultural resource and park land taklngs, a 50% reductlon of wetland takings, a 67% reduction In family locations and a 33% reduction In non-profit or institutional displacements. The ultimate 8-lane facility disturbed between 300 to 500 acres of wetlands compared to the current takings of 85 to 120 acres for the 4-lane concept. Currently, Federal regulatory agencles are now seeking a 2 to 1 replacement ratio for these wetland takings. During negotiations with the regulatory agencies, the project evaluated a range of land use and build-out scenarios. This effort was requested to assure the year 2010 travel demand was not predicated upon development In jurisdictional wetlands pursuant to Section 404 of the Clean Water Act. In the Intervening 18 months, changes have developed regarding the definition, the scope and the jurisdictional issues with respect to these wetlands. The majority of trips generated In Virglnia Beach, 61%, end in the City. Only 6% of the trips generated in Virginia Beach are destined to end in downtown Norfolk or the Norfolk Naval Base. The Southeastern Expressway w*ill carry a signlficant volume of traffic In the freeway mode. The contrlbution to regional network capacity Is evldent In measurements of performance where the average Gandidate Build Alternative for the Southeastern Expressway Improves congestion 30 to 50% over the No Build Optlons. Without the Expressway, approximately 50% to 2/3 of the network will operate under congested conditions in the year 2010. Travel demand between Chesapeake and Virginia Beach will increase 140% between 1983 and the year 2010. Trips between Virginia Beach and the areas outside the region will Increase dramatically. Already trips from outside the region are greater than trips made to elther the Norfolk CBD or the Norfolk Naval Base. This trend will continue. In 1985, the Route 44/Virginia Beach Boulevard corridor represented approximately one in every five trips generated in the City. By year 2010, this wlll decrease to approximately one in every six trlps generated In the City. The Southeastern Expressway, if In place now, would represent one In every 10 trips generated in the City. By the year 2010, the Southeastern Expressway will represent a greater number of trips than what is currently generated In the Route 44/Virginia Beach Boulevard corridor. - 12 - Item 1-H.l- C I T T M A N A G E R' S P R E S E N T A T I 0 N SOUTHEASTERN EXPRESSWAY ITEM # 34222 (Continued) The primary purpose and need of the Southeastern Expressway is to relieve existing and forecast traffic congestion and to accommodate a growlng travel corridor between Chesapeake and Virginia Beach that if not addressed will exacerbate the remaining freeway and arterial roadway network. Mr. Lloyd advised the Secondary objectives of the Southeastern Expressway: Secure a regional system linkage for external trips from Newport News (1-664) and North Carolina (Route 168, US 13 and US 17). Provide access to the Oceana Naval Air Station In order to secure a needed link In the National Defense Highway System. Provide a travel corridor which addresses the multi-nodal development patterns between Chesapeake and Virginia Beach. Support existing comprehenslve plannlng and economic development activity In the region where municipal policy and Infrastructure dollars have been committed to the corridor. Compliment the transportation network which supports existlng port facilities In a region where port actlvlty is cruclal to national, state and regional commercial and defense interests. Provide an alternate hurricane evacuation route for one of the densest populated coastal communities In the Mid Atlantic. Construction of a mass transit option In the Southeastern Expressway corridor would not address the vehicular demand, and would face similar cost, relocatlon and wetland Impacts as a roadway construction project. Such an option would suffer financially, as the service area density between Chesapeake and Vlrglnla Beach would not support a break even ridership. Without the Southeastern Expressway, the only remainlng east-west link betwen Virginia Beach Is 1-64 and Route 44. The No-Build forecast Indicates 1-64 functions at a Level of Service F from the interchange of 1-464 to 1-264 in 2010. The same No-Build forecast has Route 44 operating at Level of Service F and E from Newtown Road to Rosemont Road. Double decklng of Route 44 was evaluated as a partial No-Bulld option to the Southeastern Expressway. Double decking, whlch Is estimated at approximately $1-BILLION, would be the only option to Increase capacity as additional right-of-way In that corridor Is not avallable. Since 1987, approximately $3-MILLION has been expended on Planning, Environmental Studies and Englneering relative the Southeastern Expressway. The four-lane concept should respond to the concerns raised by the Environmental Protection Agency and the Corps of Englneers. VDOT Is exploring varlous options for funding. VDOT does need enabling legislation or ordinances from the City to assist in promoting the concept of greenways and enhancement areas. Mayor Oberndorf suggested an at-grade four-lane parkway concept which would have an entirely different connotation as far as the aesthetics and not dividing the City Into quarters. Thls concept would be user friendly and an enhancement to the City and not a detraction. Mayor Oberndorf referenced the Colonial Parkway constructed between Yorktown and Williamsburg, whlch Is aesthetically pleastng, moves traffic and has limited access. 13 - Item 1-H-1. C I T Y M A N A G E Rt S P R E S E N T A T I 0 N SOUTHEASTERN EXPRESSWAY ITEM # 34222 (Continued) Mr. Lloyd advised a parkway facility will facilitate future congestion problems but not to the degree of a freeway. The freeway would have llmlted access. At- grade crossings would not materially benefit the regional transportation need. It is difficult to create a beautiful parkway and at the same time meet the travel demands and simultaneously not take wetlands. Demand can be controlled with a toll. Mr. Lloyd referenced the PROPOSED SOUTHEASTERN E)(PRESSWAY MILESTONES: March 26, 1991 Virginia Beach City Council Hearing April 2, 1991 Chesapeake City Councll Hearlng April 3, 1991 Distribute Final Working Reports April 20, 1991 Corments from EPA/COE May 1, 1991 Positlon Paper to Commonwealth Transportation Board (CTB) SUMMER 1991 CTB Approval FALL 1991 Complete FEIS/Begin Design 1992-1993 Design Hearing/Board Approval FALL 1993 Complete Design 1993-1995 Right-of-way Acquisition 1995 Begin Construction Mr. Lloyd advised currently with the last ruling relative wetlands, PC croplands will become available as mitigation sites. These are large tracts throughout Virginia Beach and Chesapeake, which can now be converted to wetland areas. Land banking Is also being Investigated. - 14 - Item 1-1.1 PUBLIC HEARING ITEM # 34223 Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on: SOUTHEASTERN EXPRESSWAY Design Alignment The following registered to speak: Ernie Hamblin, 3732 Landstown Road, Phone: 427-2445, Member of the Landstown Homeowners Association and Co-Chairman of the Southeastern Expressway Citizens Advisory Group. Mr. Hamblin requested the process be speeded up to arrive at a resolution of the exact alignment. Mr. Hamblin concurred with the suggestion of an aesthetically pleaslng parkway. Rae H. LeSesne, 5325 Thornburg Lane, Phone: 497-8008, President of the Citizens Action Coalition. Mr. LeSesne advised the concept ot the Southeastern Expressway's time has come and passed. Marilyn Kyle, 3716 North Landstown, Phone: 427-2803, concurs with the remarks of Ernie Hamblin. Mrs. Kyle was advised by Mr. Lloyd the Southeastern Expressway route could be definitely establlshed this summer. Any rezonlngs affecting this expressway should be deferred until the route Is established. Disclosure Statements should be eliminated as soon the route is established to enable the homeowners to be able to sell thelr homes. Joanne Callahan, 3697 Landstown Road, Phone: 427-1421, registered but WAIVED right to speak. Billy Welser, 3724 Landstown Road, Phone: 426-6370, registered but WAIVED right to speak. Tuck Bowie, 1709 Oxen Court, Phone: 481-2741, Chalrman of the Virginia Beach Municipal Affairs Committee of the Tidewater Builders Association, expressed SUPPORT of the Southeastern Expressway. Copy of letter in SUPPORT Is hereby made a part of the record. Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925. Mr. Pace did not believe the Southeastern Expressway would serve the purpose for which It Is being planned. A mass transit system should be established. Mr. Pace spoke In OPPOSITION to the suggestion of a toll road. Ferrell Braun, 2608 Highland Drive, Phone: 426-6380. Mr. Braun requested elimination of the access polnts on PrTncess Anne and Holland Road. There will be a build-up at these access points. This would cause additional traffic. Roy Lupton, Landstown Road, registered but WAIVED rlght to speak. Mary Shearin, 3664 Landstown Road, Phone: 422-3003, registered but left the Meeting early. There being no further speakers, Mayor Oberndorf CLOSED the PUBLIC HEARING 1 5 Item I-J.1. RESOLUTIONS ITEM # 34224 Upon motion by Councllman Heischober, seconded by Councilman Sessoms, City Council ADOPTED: Resolution to support the Virginla Department of Transportatlon's Design proposal; and, the recommended alignment, BE-10, as depicted on the City's Master Street and Highway Plan for the Southeastern Expressway. This Resolution addresses four (4) Items: An alignment A reduction In the road capacity laneage The access point at Indian River Road Adequate buffer space being Included. The City Manager and City Attorney will draft a Resolution for April 2, 1991, Indicating to VDOT that City Council wishes to be the determining body with reference to funding options and suggestions regarding aesthetics. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vlce Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McC]anan, Mayor Meyera E. Oberndort, Nancy K. Parker and Wllliam D. Sessoms, Jr. Council Members Voting Nay: None Councli Members Absent: None 1 2 RESOLUTION SUPPORTING THE VIRGINIA 3 DEPARTMENT OF TRANSPORTATION'S 4 RECOMMENDATION TO REVISE ITS PLANS 5 FOR THE SOUTHEASTERN EXPRESSWAY 6 7 8 WHEREAS, the Council of the City of Virginia Beach has 9 expressed its continued support for the Southeastern Expressway; 10 WHEREAS, the Council of the City of Virginia Beach has 11 recognized the importance of the Southeastern Expressway as a 12 vital component of the City's roadway network and Master Street 13 and Highway Plan; 14 WHEREAS, on January 23, 1991, the Virginia Department of 15 Transportation requested guidance from the City regarding the 16 design and location of the Southeastern Expressway; and 17 WHEREAS, the Virginia Department of Transportation has 18 recommended revising its plans for the Southeastern Expressway to 19 reduce the roadway proposal's impact on wetlands. 20 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE 21 CITY OF VIRGINIA BEACH, VIRGINIA: 22 That City Council hereby supports the Virginia 23 Department of Transportation's proposal to: 24 (a) design the Southeastern Expressway as a four-lane 25 facility, provided adequate buffer space is 26 included to minimize the roadway's impact on 27 abutting land uses; 28 29 (b) design the Southeastern Expressway in a way to 30 reduce the size of the interchanges to further 31 reduce the impact on wetlands; and 32 33 (c) design the Southeastern Expressway without access 34 at Indian River Road. 35 36 BE IT FURTHER RESOLVED: 37 That City Council hereby recommends aligrnnent BE- 38 10, as depicted on the City's Master Street and Highway Plan, as 39 its preferred alignment for the Southeastern Expressway. 40 Adopted by the Council of the City of Virginia Beach, 41 Virginia on this 26 day of March 1991. 42 43 CA-4169 44 SOUTH.RES 45 R-1 - 16 - Item I-J.2. RESOLUTIONS ITEM # 34225 Upon motion by Councilman Sessoms, seconded by Councilman Lanteigne, City Council ADOPTED, AS REVISED: Resolution establishlng a Public-Use Golf Course Committee of the City of Virginia Beach, Virginia, to study means of establishing and flnancing golf courses In the City for use by the public. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, 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: None 1 A RESOLUTION ESTABLISHING A 2 COMMITTEE TO STUDY THE ESTABLISHMENT 3 AND FINANCING OF GOLF COURSES FOR 4 PUBLIC USE 5 WHEREAS, the game of golf is enjoyed by millions of 6 persons throughout the United States and the entire world; and 7 WHEREAS, golf is also one of the most popular forms of 8 recreation among the residents of the City of Virginia Beach; and 9 WHEREAS, golf courses promote a unique combination of 10 recreational, aesthetic and scenic values; and 11 WHEREAS, golf courses constitute one of the City's most 12 inportant visitor attractions; and 13 WHEREAS, there is a shortage of public-use golf courses 14 within the City, such that the City's citizens and visitors alike 15 would benefit from a greater number of public-use golf courses; 16 and 17 WHEREAS, there is a need to study appropriate means of 18 establishing and financing golf courses for public use; 19 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE 20 CITY OF VIRGINIA BEACH, VIRGINIA: 21 That there is hereby established the Public-Use Golf 22 Course Committee of the City of Virginia Beach, which shall study 23 means of establishing and financing golf courses in the City of 24 Virginia Beach for use by the public. The Committee shall: 25 (1) Consist of nine (9) members, each of whom shall be 26 a resident of the City; 27 (2) Receive no funding, nor shall the members receive 28 any remuneration for their services; 29 (3) Receive such staff support and assistance as may be 30 determined by the City Manager; 31 (4) Be subject to all applicable City ordinances and 32 State laws, including, but not limited to, the Freedom of 33 Information Act and the State and Local Government Conflict of 34 Interests Act; and 35 (5) Present its report to the City Council by no later 36 than December 31, 1991. 37 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF 38 VIRGINIA BEACH, VIRGINIA: 39 That the Committee shall stand dissolved, without 40 further action by the City council, as of December 31, 1991. 41 42 Adopted by the City Council of the City of Virginia 43 Beach on the -26 day of March 1991. CA-91-4161 \noncode\golf.res R-2 2 - 17 Item I-K. CONSENT AGENDA ITEM # 34226 Upon motion by Vice Mayor Fentress, seconded by Councilman Baum, City Council APPROVED In ONE MOTION Items 1, 2, 3, 4 a.b. and 5 of the CONSENT AGENDA. Voting: 11-0 Council Members Votlng Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louls R. Jones, Paul J. Lanteigne, Reba S. McC]anan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Votlng Nay: None Council Members Absent: None - 18 - Item I-K-1 CONSENT AGENDA ITEM # 34227 Upon motion by Vice Mayor Fentress, seconded by Councilman Baum, City Council ADOPTED: Resolution directlng the Director of Finance to authorize Crestar Bank to make payment to Bearer (Crestar Bank) of $5,000 principal amount plus Interest to date of maturity re General Obligation Public Improvement Bond, Series of 1978, Bond number 1644, said bond having been misplaced by Crestar Bank. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vlce Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McCianan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Votlng Nay: None Council Members Absent: None 1 A RESOLUTION TO AUTHORIZE 2 REPLACEMENT OF A LOST BOND 3 WHEREAS, Lynda E. Howell, Vice President of Crestar Bank, 4 has affirmed that the BEARER is the sole legal and beneficial owner 5 of a city of Virginia Beach General Obligation Public Improvement 6 Bond, Series of 1978, CUSIP number 927736WA2, Bond number 1644, at 7 $5,000 denomination, bearing 5.60% annual rate of interest, dated 8 December 1, 1978 and due October 1, 1990; 9 WHEREAS, Lynda E. Howell, vice President, has also 10 affirmed that the said security has been lost within the bank; and 11 WHEREAS, Lynda E. Howell, Vice President, has complied 12 with all legal provisions to effect replacement or payment of said 13 security by providing appropriate affidavits and indemnities; 14 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 15 OF VIRGINIA BEACH, VIRGINIA that the Director of Finance is 16 directed to authorize Crestar Bank, Paying Agent on said bond 17 issue, to make payment to Bearer at Crestar Bank, Attention: 18 Collection Department, Post Office Box 21272, Richmond, Virginia 19 23261, of Five Thousand Dollars ($5,000) principal amount plus 20 interest to date of maturity on said bond. 21 Adopted by the Council of the City of Virginia Beach, 22 Virginia, on the 26 day of March 1991. 23 CA-91-4145 24 RES\NONCODE\Crestar.FRM 25 R3 EXHIBIT B AFFIDAVIT OF LOSS STATE OF Virginia ss. COUNTY OF He=ico The undersigned (hereinafter called "Deponent"), being duly sworn, deposes and says that: (1) Deponent is an adult whose mailing address is Crestar Bank Attn: Collection Department Post Qffice Box 2.1@"72,,, @-cbmonl V' rA!h n and is the owner of or is acting in a represent juciary caO.,;,@y @eippc 4P@ertain securities (describe type of security, identification number, and nL!Mber of shares or face value): City of Virginia Beach, Virginia, General Obligation Public Improvement Bond, Series of 1978, Dated: December 1, 1978 Due: October 1, 1990, Cusip #927736WA2 in the amount of $5,000.00 issued by City of Virginia Beach (hereinafter called the "Issuing Corporation") and registered in the name of: BEARER (2) Deponent further says that the aforesaid security or securities (hereinafter called the "Original", whether one or more) have been lost, stolen, destroyed or misplaced under the following circumstances: S@ity was sent incorrectly to Credit Card Division. credit card mailrocin received and signed for s@ity; custaner service area signed for @il fran nuilroom; security was forwarded to credit card collections area; there is no record of receipt by collections area. (3) That said Original (was not) endorsed. (If endorsed, describe form of endorsementand state whether signature was guaranteed.) (4) Deponent has made or caused to be made diligent search for Original, and has been unable to find or recover same, and that Deponent was the unconditional owner of Original at the time of loss, and is entitied to the full and exclusive possession thereof; that neither the Original nor the rights of Deponent therein have, in whole or in part, been assigned, transferred, hypothecated, pledged or otherwise disposed of, in any manner whatsoever, and that no person, firm or corporation other than Deponent has any right, title, claim, equity or interest in, to, or respecting Original or the proceeds thereof, except as may be set forth in Statement (5) following. (5) (If Deponent's inte,est in the Original is in a representative or fiduciary capacity, indicate below the designation of such capacity, i.e., Administrato,, Executor, etc., and the title of the estate, as follows) Deponent is of the estate of (Specify names of any other persons having an interest in the Original. List them below and indicate the nature of their interest, such as heir, legatee, etc.) NAME INTEREST (Each heir, legatee, etc., having an interest in the Original must execute Agreement of Indemnity, Exhibit "C".) (6) Deponent makes this affidavit for the purpose of requesting and inducing the Issuing Corporation and its agents to issue new securities in substitution for the Original and Seaboard Surety Company to assume liability in respect the,eof under its lnclemnity Bond. @7) Deponent agrees that if said Original should ever come into Deponent's hands, custody or power, Deponent will immediately and without consideration surrender Original to Issuing Corporation, its transfer agents, subscription agents, trustees or Seaboard Surety Company for cancellation. (8) Signed, sealed and dated: JanuarV 15 19 91 Sworn to and subscribed before me this day of 1 9 Vice President NOTARY PUBLIC Crestar Baxik (Affix Notarial Seal) My Commission expires: Sworn to and subscribed before me th is day of 19- Signature of Deponent NOTARY PUBLIC (Affix Notarial Seal) My Commission expires: F-899 Rev. 10/66 Crestar Bank po. Box 26665 Richmond, Virginia 23261-6665 (804) 782-5000 February 11, 199. Mr. Giles G. Dodd Financial Director Municipal Center Virginia Beach, Virginia 23456 Re: Lost municipal Bond(s) Dear Mr. Giles: We enclose one copy of the Sole obligor Bonds executed by Seaboard Surety company with supporting papers, concerning the replacement or payment in lieu of presentation of the following issue: $5,000-00 CitY Of virginia Beach, Virginia General obligation Public Iinprovement Bond, series of 1978, Dated: December 1, 1978, Due: october 1, 1990, CusiP Number: 927736WA2, Bearer Bond Number 1644. We would greatly appreciate receiving approval to issue a replacement certificate or disburse payment., Thank you for your cooperation i@t@is' matter, if you have any questions, plea,7 contact our office at (804) 782-7302. s (G Relations corporate Trust APPROVED BY: Date: Enclosures SOLE OBLIGOR BOND WIT11 UNLIMITED LIABILITY KNO W ALL MEN B Y THESE PRESENTS, THA T SEABOARD SURETY COMPANY a corporation organized and existing under and by virtue of the laws of the Stale of New York and duly authorized to transact the business of indemnity and suretyship in the States of New York and all States in the United States of A inerica, and having an office and principal place of business in New York State at 88 Pine Street, New York, New York as Obligor (hereinafter called "Obligor"), is held firmly bound unto City of Virginia Beach, Virginia Crestar Bank individually and/or as Trustee, Dep@itary, Fiscal, Paying or Diibursing Agent, Registrar and/or Transfer A@.ent, and unto any other Trusi@, Depositaries, Fiscal, Paying or Disbursing Agents or Agencies, Registmrs and/or Transfer Agents now or hereafter @@ted with any powers or duties with respect to the @urity or securities hereinafter mentioned, their r@pective legal rep@ntativ@, successors and amigns (hereinafter collecti@ely called "Obligees"), in an aggregate sum, la,,ful money of the United Stat@ of America, sufficient to indemnify the Obligees under the conditions of this bond as hereinafter set forth, but not exceeding the maximum amount for which Obligor may obligate itself on the date of this bond in r@pect of any one risk or hazard under any law governing the validity or performance of t@s bond, said sum to be paid to Obligees, their respec, tive legal representatives, succe&,ors or assigns, as interest may appear; for w@ch payment well and truly to be made Obligor binds it. legal repre@ntatives, succmors and assi@,ns, jointly a@id @verally, firmly by these presents. SEALED with our seals and exec.ted in Three coute,parts, as of the 28th day of January I 19 91 WHEREAS, Obligor represeiits to the Oblige@ that Bearer is the unqualified owner of $5,000. City of Virginia Beach, Virginia Ceneral Obligation Public Improvement Bond, Series of 1978, Dated December 1. 1978, Due October 1, 1990 Cusip #927736,@IA2 Bearer Bond , Bond Number 1644 (such security or securities being hereinafter called "original" or "originals@'), and that the same h@/have been mislaid, lost, stolen or @troyed and cannot be fouiid or produced, by virtue of w@ch Obligor has requested Obligees to issue and deliver a new or duplicate instmment or instm.ents (hereinafter sometim@ called "duplicate" or "duplicates"), or to pay the amount due on said original or originals without surrender or presentation thereof for cancellatioil or stamping or for any othe.r purpose; and WHEREAS, on the faith of the foregoing representations and in consideration of this bond of indemnity, Obhgees have complied or have agr@d to comply @ith said requwts; NOW, THEFEFORE, THE CONDITIONS OF THIS OBLIGATION ARE, that if Obligor, its legal reprewnta- tives, successors or assigns or any of them, shall in case the original or originals be found or come into the hands, custody or power of any of them, or into the hands, custody or power of any person, deliver or cauw the same to be delivered unto Oblig@ in order to be cancelled, and shall also at all times defend, indemnify and save hamless Obligees from and against any and all claims, actions and suits, whether groundim or otherwise, and from and against any and all liabilities, losses, damages, costs, charges, counsel fees and other expeases of every nature and character by reason of the original or original& and/or the iwuance of a duplicate or duplicates in lieu thereof or in lieu of any instrument or instruments of purported like imue and amount which because of alteration, change or counterfeit may not be identified as or as not the said mislaid, lost, stol. or destroyed original or originals, or the making of any payment, credit, transfer, registration, conversion, exchange or delivery in respect of the original or originals without surrender thereof and/or in respect of the duplicate or duplicates, whether or not caused by, based upon or arising out of the honoring or refusing to honor the original or originals when p nted by anyone, -d er or not caused by, based upon, or arising out of inadvercen@, accident, overaight or rese o@ or wh neglect on the part of Ige., @ny of them, or their respective officers, agents, clerks, or employees and/or omission or fiilure to inq.uire into, contest or litigate the right of any applicant to receive any payment, credit, transfer, registration, con, version, exchange, issue or delivery in respect of the original or originals and,/or the duplicate or duplicates issued in lieu thereof, and/or caused by, based upon or arising out of the release of any security or the satisfaction of any instrument or instruments under which the original or originals and/or duplicate or duplicates are issued or secured, and/or caused by, based upon or ansing out of any other matter or thing what@e,er, then this Obligation shall be void; otherwise shall remain in full force and effect. Obligor further agrees that if the mislaid, lost, stolen or destroyed original or originals be found or come into the hands, custody or power of any person or into the hands, custody or power of the Obligces or any of tbem for any purpose other than cancellation without reissue, Obligor will forthwith on demand obtain and deliver to the Obligees either such original or originals or such duphcate or duplicates or wdl pay to the Obligees a sum of money sufficient to enable the Obligees to purchase in the open market securities of the same issue and amount as the original or originals in form consti, tuting good delivery under the rules of the New York Stock Exchan@.e. In case of any default under the conditions of this bond, Obligor waives and releases any and all right or claim against Oblige@, or any of them, whether by way of subrogation or othemise, for any loss, expenw or liability incurred by Obligor caused by, based upon, or @ng out of the enforcement of this bond by the Obligees or by any of them. No 'm accuracy in the description of the securities hemin referred to as original or originals shall alter, mc>dify or affect the obfigation of Obligor hereunder. @ bond shall be deemed to be a New York contract and shall be governed as to all matters whatsoever, whether of validity, interpretation, obligation, performance or otherwise, exclusively by the laws of the State of New York, and all questio- arising with respect thereto shall be detennined in accordance with such laws. Regardless of where actually delivered, this bond shall be deemed to have been accepted by the Obligees in the State of New York. 'Ms bond shall be deeined a continuing obligation and successive recoveri@ may be had hereunder from time to time as the Obligees or any of them become entitled thereto in accordance with the terms hereof. And Obligor hereby further agrees to furnish Oblige@, without any expense to Obligees, a new Bond of Indemnity, which may differ from this Bond in amount or in any other respect, with satisfactory surety or sureties in case this obligation should not at any time for any reagon in the opinion of Obligees afford sufficient protection. SEABOARD SURETY OOMPANY OBLIGOR (Se,st of Obligor) BOND # 904188-85 By ......... ............... ......... . . .... ......... .... . .... .. ..... . .............. ......................... . .............. .... . . ATTORNEY,IK,FACT Peter @l. Quinn Certified Copy SEABOARD SURETY CONEPANY LLLL 0413 No. 1 0 7 4 2 ADMINISTRATIVE OFFICES, BEDMINSTER, NEW JERSEY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That SEABOARD SURETY COMPANY, a corporation of the State of New York, has made, constituted and appointed and by these presents does make, constitute and appoint Peter M. Quinn of Richmond, Virginia itstrueand lawful Attorney-in-Fact, to make, executeand deliveron itsbehalf insurancepolicies,surety bonds, undertakingsand other Instruments of similar nature as follows: Without Limitations Such insurance policies, surety bonds, undertakings and instruments for said purposes, when duly executed by the aforesaid Attorney-in-Fact, shall be binding upon the said Company as fully and to the same extent as it signed by the duly authorized officers of the Company and sealed with its corporate seal; and all the acts of said Attorney-in-Fact, pursuant to the authority hereby given, are hereby ratified and confirmed. This appointment is made pursuant to the following By-Laws which were duly adopted by the Board of Directors of the said Company on December 8th, 1927, with Amendments to and including January 15, 1982 and are still in fulljorce and effect: ARTICLE VII, SECTION 1: "Polici.8, bonds, -.gni.a.coo, tipulatio.., co..e.ts of ..rety, undem,iting undetaki.gs and I..tm.e.ts miati.9 theeto. l@..,a@cep.licie@, bo@d@, ecognizance@, stipul.tions, c.@se@tsots.rety.@d undemriting undertaking.oftheCompa@y,and releas.s,ag,eementsa@d the, @ritings relating in any @.y Ihe,eto o, t. any claim o, lo@. thereunde,, hall be signed in the n.m. and o@ behalf of the Go.pa@y (a) bytheChairm.@oftheBoard,thePresident,.Vice-P,esident.(aResidentvi.e-P,esidentandbytheS..,etaryanAssist.ntSecreta,y.aResident Sec,etary ., a R.sident A@sistant Sec,etary; or (b) by an Attorney-i@-F.ct for th. Company appointed and authorized by the Chairman of the Boa,d, the Pr.sident o, a Vice-President to Make s..h signat.re; or (c) by such othe, officers or representati@es as the Board may from time to ti@e deter.ine. Th. seal of the C.@pany shall it ppropriate be affi.ed the,eto by any s.ch office,, Attorney-in-Fact or represe@tati,e." IN WITNESS WHEREOF, SEABOARD SURETY COMPANY has caused these presents to be signed by one of its Vice- Presidents, and its corporate seal to be hereunto affixed and duly attested by one of its Assistant Secretaries, this -1.7th.. day of ... . ...... j4Aq4ry .... .......... . 19 --- 9.0 Attest: (Seal A.S. t@n r.,., President STATE OF NEW JERSEY ss.: COUNTY OF SOMERSET On this ...... 17@4 ........ .day of ....... .......... ......... ......... 119 ....... beto e per5bnalIV appearta- Michael B-. Keeg ... .... ... ..... ........ ........... .......... ...... . ..... a Vice-President of SEABOARD SURETY COMPANY, with whom I am personally acquainted, who, being by me duly sworn, said that he resides in the State of -New .. Jer.s.ey.. , that he is a Vice-President of SEABOARD SURETY COMPANY, the corporation described in and which executed the foregoing instrument 'that he knows the corporate seal of the said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and t reto as Vice-President of said Compa@by like authority. NOT,@ U-1@ (Seal) my i,@i-.@4 1991 C E R T I F I C A T E l,theunde,signedA..isiantSec,eta,y.fSEABOARDSURETYCOMPANYdoherebyce, otAtt.rneyot@hichtheforegoi@gi@ af.ii,tr.ea@dc.rrectcopy.i@infulliorce.@deffectonthedateofthisCertificateandldof.rthe ent@hoexecutedth.saidPowe,of Attor@ey was .@e of the Office,s uthorized by the Board of Directors to appoi@t an attorney-i@-f as p,ovided in Article VII, Section 1, of the By-La.s of SEABOARD SURETY COMPANY. This C.rtificate @ay be sig@ed and sealed by facsi@ile u@der a@d by authority of the following resolutio@ of the Executi@e Committee of the Board of Di,ect.,s of SEABOARD SURETY COMPANY at . @eeting duly called a@d h.ld o@ the 25th day of March 1970. "PtESOLVEDi (2) That the uso of a p,inted facsimile of the corporate seal of the Compa@y and of the sig@at.,e of an Assistant Sec,etary o@ any @.rtific.tion of the co,rec@e.. of a c.py of .@ inst,u@ent a.ecuted by the President or a Vice-Preside@t pursuant to Article VII, Section 1, of the By-L.ws appointing and authorizing n attorney-in-f..t to sign in the @a.e and on behalf of the Company surety bonds, undem,itirig ndertakings or other i@stru@.nts describ.d in said Article VII, Sectio@ 1, with like effect as if such seal and such signature had been manually atfixed and ade, hereby i,s a.thori@ed and approv.d." IN WITNESS WHEREO ve hereunto set my hand and affixed the corporate seal of the Company to these presents this day of .... ......... . ........... ....... ,Tanuarv .......... .19.91 ...... ............ t Sec,@@.ry F.,@ 957 (Ft.@ 7/b4) Fo, verification of the authenticity of this Po@er of Attoriiey you niay call, collect, 201-658-3500 and ask for the Power of Attorney clerk. Please refer to the Power of Attorney @umber, the above named individual(s) a@d de(aits of the bond to which the power is attached. In Ne@ York, Dial 212-627-5444. SEABOARD SURETY COMPA!IY ADMINISTRATIVE OFFICES: BEDMINSTER, NEW JERSEY FINANCIAL STATEMENT-June 30,1990 ASSETS LIABILITIES -Stocks and Bonds ..................... $194,091,886 Reserve for Unearned Premiums ................. $ 59,791,712 Cash in Office & Banks ................. 4,668,345 Claim Reserve ................................. 60,648,074 Accrued Interest ....................... 3,466,743 Other Reserves ................................ 13,271,524 Outstanding Premiums ................. (8,465,564) Capital Stock ................................. 2,500,000 Accounts Receivable ................... 6,752,254 Surplus ...................................... 60,984,694 Other Assets ......................... 4,682,340 Total Admitted Assets. . ............ $205,196,004 Total Liabilities ............................ $205,196,004 B..d, a.d,t.@k,.,, v.1.@d.. b.@i@.pp,ov@d by N.ti.@.1 A..@i.ti...f 1.@... S@@,iti.,.r,i@d., $8,355,919 i. th@.b.@@ @r, d@p.@i(,d f.,,he p.,p.@@,,q.i,@d by I-. STATE OF NEW JERSEY COUNTY OF SOMERSET ss.: 1, G. F. THOMPSON, President of SEABOARD SURETY COMPANY, do hereby certify that the foregoing is a full, true and correct copy of the Financial Statement of said Company, as of June 30, 1990. IN WITNESS WHEREOF, I have signed this statement at New YOrk, New York, this ... .... day of Januarv.. 19.91 ............................................. ......... President R@i@@d Fr. 151 1 9 Item I-K.2 CONSENT AGENDA ITEM # 34228 Upon motlon by Vice Mayor Fentress, seconded by Councilman Baum, City Council ADOPTED, upon SECOND READING: Ordinance to APPROPRIATE $28,250 from the Commonwealth of Virginia to the Fire Department re purchase of automatic defibrillators. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louls R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndort, Nancy K. Parker and Wllliam D. Sessoms, Jr. Councl] Members Voting Nay: None Council Members Absent: None I AN ORDINANCE TO APPROPRIATE $28,250 AND TO 2 TRANSFER $28,250 FOR PURCHASE OF 3 EMERGENCY MEDICAL EQUIPMENT 4 5 6 WHEREAS, the City of Virginia Beach Fire Department has applied for and 7 received a grant in the amount of $28,250 from the Commonwealth of Virginia, 8 Division of Emergency Medical Services for purchase of automatic defibrillators to 9 be used in life saving treatment by fire personnel arriving at an emergency 10 oituation prior to Emergency Medical personnel, 11 12 WHEREAS, the required fifty percent match for this grant can be provided 13 using available funding within the Virginia Beach allocation of Fire Programs Fund 14 monies for FY 90-91. 15 16 NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 17 VIRGINIA, that a grant in the amount of $28,250 from the Cormnonwealth of Virginia 18 be accepted and appropriated to the Fire Department for purchase of automatic 19 defibrillators, and that Revenue from the Commonwealth for FY 90-91 be increased 20 by $28,250. 21 22 BE IT FURTHER ORDAINED that funds in the amount of $28,250 be transferred 23 from the FY 90-91 Fire Programs Fund to provide the necessary fifty percent match 24 for the grant. 25 26 This ordinance shall be effective from the date of its adoption. 27 28 Adopted by the Council of the City of Virginia Beach, Virginia on the 26th 29 day of March, 1991. 30 31 First Reading March 12, 1991 32 Second Reading March 26, 1991 33 34 35 APPROVED AS TO CONTENT 36 Walter C. Kra@mer, Jr. Date 37 APFRr,VT? AS TO - 20 - Item I-K.3 CONSENT AGENDA ITEM # 34229 Upon motion by Vlce Mayor Fentress, seconded by Councilman Baum, City Council APPROVED, upon FIRST READING: Ordinance to ACCEPT and APPROPRIATE a $5,000 Grant from the Natlonal Crime Prevention Council to the Department of Juvenlie Probation re "Teens, Crime and the Community Program"; and, increase revenue from the Federal Government for FY 1990-1991 by $5,000. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, 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: None 1 AN ORDINANCE TO AP2ROPRIATE A S5,000 GRANT FROM 2 THE NATIONAL CRIME PREVENTION COUNCIL TO 3 THE DEPARTMENT OF JUVENILE PROBATION 4 5 6 WHEREAS, the Department of Juvenile Probation has received a grant in the 7 amount of $5,000 from the National Crime Prevention Council for development of a 8 "Teens, Crime and the Community" program, to be expended prior to July 1, 1991, 9 10 WHEREAS, this grant requires no local match of funds. 11 12 NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 13 VIRGINIA, that a grant in the amount of $5,000 from the National Crime Prevention 14 Council be accepted and appropriated to the Department of Juvenile Probation for 15 the "Teens, Crime and the Community Program," and that Revenue from the Federal 16 government for FY 90-91 be increased by $5,000. 17 18 This ordinance shall be effective from the date of its adoption. 19 20 Adopted by the Council of the City of Virginia Beach, Virginia on the 26th 21 day of March, 1991. 22 23 First Reading March 26, 1991 24 Second Reading 25 26 - 27 APPROVED AS TO CONTEN Budget and Evaluation 28 Walter C. Kraemer@r. Department 29 30 AS '@-0 AN AGREEMENT BETWEEN THE NATIONAL CRIME PREVENTION COUNCIL AND THE CITY OF VIRGINIA BEACH 1. DURATION AND PREMISES This contract is for a three-month period commencing April 1, 1991 by and between the National Crime Prevention Council, hereinafter referred to as "NCPC", and the City of Virginia Beach, hereinafter referred to as "Contractor", for the program entitled "Teens In Action in the 90's". The contract may be extended, by mutual agreement, at NCPC's or the Contractor's request if the budget period for the project is extended three months or more from June 30, 1991, by the Office of Juvenile Justice and Delinquency Prevention, U.S. Department of Justice. This agreement is concluded as part of a demonstration program funded by the Office of Juvenile Justice and Delinquency Prevention, U.S. Department of Justice. The purpose of the demonstration is to pilot the Teens, Crime and the Community program into a juvenile court probation site. The effort will attempt to discover some of the most practical, effective approaches to establishing the program in juvenile justice environments. Two thousand dollars ($2,000) funding for the start-up phase of the demonstration will be issued upon award and signing of the contract. The remaining contract funds will be released as indicated below when the project's workplans and any revised budgets have been submitted, when program and financial reports have been submitted in accordance with administrative procedures, and when workplans have been reviewed and approved by NCPC and the office of Juvenile Justice and Delinquency Programs, U.S. Department of Justice. The key premises of the demonstration are as follows: o Teens are disproportionately victims of crime - of all types of crimes and with a diversity of injury that equals or is more severe than that experienced by other age groups. Few know this though many are aware that teens are disproportionately offenders. Something can and must be done by individuals and as communities to reduce this unacceptable victimization. o Teens can contribute substantially to making their schools and communities better, via a wide range of activities, such as cross-age teaching about chid safety and drug prevention, conflict management and mediation, youth forums, crime prevention clubs, and special observances. oYouth who have victimized others and who are in the juvenile justice system can contribute substantially to making the community safer and better by recognizing the impact of crime, deciding to change their behavior based on that understanding and human sensitivity, and conducting projects and activities which create better conditions in the community. 2. RESPONSIBILITIES The principal functions of the contractor under this demonstration are to: oServe as local focal point for local activities; oAdminister local operations; oParticipate in the National Teens In Action In the 190S briefing in Miami, Florida; oConsult with NICEL and NCPC on the action plan at the beginning of the grant period; oIntroduce the Teens, Crime, and the Community program - curriculum and projects - including community service component to 10 youth for 16 class hours and 12 community service hours; oModify the Teens, Crime, and the Community curriculum to meet the needs of the population; ocultivate and coordinate local media contacts; oServe as local point of contact for evaluation efforts; oReport to NCPC and NICEL on activities and modifications of the curriculum for final report; and, oMake recommendations on how the Teens, Crime, and the Community concept can be implemented in similar communities. In return for accepting these conditions, NCPC agrees to: oProvide a minimum of 40 Teens, Crime, and the Community texts and companion instructor's guides to Virginia Beach Juvenile Court Services; oProvide up to $5,000 to assist in defraying implementation costs; and, oProvide technical assistance via NICEL in implementing the concept. 3. THE CONTRACT CONDITIONS By accepting the contract award the r.ecipient organization agrees to the following conditions'. a. Durinq the start-up phase, a workplan will be submitted to NC@C and NICEL that specifies a clearly defined organizational and implementation plan for Teens In Action in the '90S- b. The Contractor agrees to submit a workplan as described and subsequent quarterly program and financial reports for Teens In Action in the 190s; c. The Contractor agrees to provide any information and cooperation needed for the evaluations and assessment of any activities within Teens In Action in the 190s; d. All supporting documents, statistical records and all other records pertinent to the contract shall be retained by each party participating in this program or project for at least three years for purposes of federal examination and audit; e. This contract shall represent the only contract between the parties and supplants any predating oral or written contract; f. This contract may be modified in writing only after written agreement by NCPC and the Contractor; g. The Contractor agrees not to discriminate on the basis of race, creed, or ethnic origin, and to promote equal opportunity in performance of work and comply with Executive order 11246, entitled "Equal Employment opportunity". 4. LIABILITY The contractor relieves NCPC of all liability for actions of the contractor, its agents, or its subcontractors over which NCPC does not have direct and explicit control. 5. PAYMENT SCHEDULE Total compensation for this contract will not exceed five thousand dollars ($5,000). An initial start-up payment will be made of two thousand dollars ($2,000) upon signature of this contract. Further payments up to two thousand dollars ($2,000) will be made upon the receipt an approval of the workplans and timely progress reports. A final payment of one thous6nd dollars ($1,000) will be made upon receipt of the final report. In witness whereof, NCPC and the City of Virginia Beach together have caused this instrument to be executed in two (2) or"iginals. National Crime City of Virginia Beach Prevention Council City Manager's Office 1700 K Street, N.W. Municipal Center Second Floor Virginia Beach, VA 23456 Washington, D.C. 20006 John A. Calhoun Aubrey Watts Executive Director City of Virginia Beach Date Date Terrence W. Modglin Director, Youth Programs Date - 21 - Item I-K.4.a. CONSENT AGENDA ITEM # 34230 Upon motion by Vice Mayor Fentress, seconded by Counci ]man Baum, City Counci I ADOPTED: Ordinance appointing viewers in the petition of Thomas A. Stattord and Anne M. Stafford for the closure of a portion of Cape Henry Drive (LYNNHAVEN BOROUGH). The Viewers are: David G. Grochmal Director of General Services C. Oral Lambert, Jr. Director of Public Works Robert J. Scott Director of Planning Votlng: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, 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: None ORDINANCE APPOINTING VIEWERS WHEREAS, Thomas A. Stafford and Anne M. Stafford have given due and proper notice, in accordance with the statuteb for such cases made and provided that they will on the 26th day of Marchl991, apply to the City Council of the appointment of Viewers to view the below-described property and report in writing to the Council whether, in the opinion of said Viewers what, if any, inconvenience would result from the discontinuance of the hereinafter described portion of that certain street, and has filed such application with said Council. NOW, THEREFORE, be it ORDAINED by the Council of the City of Virginia Beach, Virginia: THAT David Grochmal -and C. Oral Lambert, Jr. are hereby appointed to view the below described property and report in writing to the Council, as soon as possible, whether in their opinion what, if any, inconvenience would reBUlt in the discontinuing and vacating of a portion of those certain Btreets located in the City of Virginia Beach, Virginia, and more particularly described as follows: A portion of Cape Henry Drive more particularly described as follows; beginning at a pin where the eastern line of Lot 35 intersects the southern line of Cape Henry Drive as shown on the plat entitled "Section 5, Part 2, Lynnhaven Colony" said plat being recorded in the Clerk's office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 74 at page 7, and from said point of beginning running thence S 73 deg 31 min 51 sec W 100 feet to a pin; thence N 16 deg 28 min 09 sec W 25 feet to a pin on the southern line of a VEPCO easement, thence runing along the southern line of said VEPCO easement N 73 deg 31 min 51 sec E 100 feet to a pin; thence S 16 deg 28 min 09 sec E 25 feet to the point of beginning. Said parcel of land being a portion of Cape Henry Drive, as shown on that plat entitled "Plat showing a portion of Cape Henry Drive to be closed by the City Council of Virginia Beach" said plat being attached hereto and made a part hereof and intended to be recorded witli the Ordinance closing a portion the aforedescribed street. march 26, 1991 ADOPTED: A E3E' @m r- F- HENRY DRI.VF-' (uNImpRovED) -VIRGINIA ELECTRIC 9 POWER CO. RIGHT OF TIES (ELEC. owpoRrIoN or CAPE HENRY DRIVE TO BE CLOSED '31'51"W 34 35 36 LLJ sueDIvIsioN or SECTION NO, 5, PART 2 bo LYNtVl4AVEN COi ONY N ( M.S. 74, P, 7 ZD ZD CWL I bL /00.00, N 73'31'51"E 61 .00- C- AND PINE ROAD (50') @LA r 6HO WING No. 955 A PORTION OF CAPE HENRY DRIVE TO BE CLOSED BY THE CITY COUNCIL OF VIRGINIA BEA CH L YNNHA VEN BOROUGH VIRGINIA BEACH, VIRGIIVIA SCALE: I " -JO' FEBRUARY 11, 1991 HARO@ D C. wARRENjR, LATVD SURVEYOR 3933 INDIAN RIVER ROAD VIRGINIA 'PEAC14, VIRGINIA 23456 REF: M.B- 74, P. 7 m-S. 7fi4t, P I(.@ ORDINANCE NO. A portion of Cape Henry Drive more particularly debcribed as follows; beginning at a pin where the eastern line of Lot 35 interects the BOUthern line of Cape Henry Drive as shown on the plat entitled "Subdivision of Section 5, Part 2, Lynnhaven Colony' said plat being recorded in the Clerk's office of tbe Circuit Court of the City of Virginia Beach, Virginia in Map Book 74 at page 7, and from said point of beginning running thence S 73 deg 31 min 51 sec W 100 feet to a pin; thence N 16 deg 28 min 09 sec W 25 feet to a pin on the soutbern line of a VEPCO easement, thence runinq along the southern line of said VEPCO easement N 73 deg 31 min 51 seC E 100 feet to a pin; thence S 16 deg 28 min 09 sec E 25 feet to the point of beginning. WHEREAS, it appearing by affidavit that proper notice bas been given by Thomas A. Stafford and Anne M. Stafford, that they would make application to the Council of the City of virginia Beach, Virginia, on March 26, 1991, to have the hereinafter described portion of certain streets discontinued, closed and vacated; and WHEREAS, it iB the judgment of the Council tbat said portion of those certain streets be diBContinued, closed and vacated; NOW, THEREFORE, SECTION I BE IT ORDAINED by the Council of tbe City of Virginia Beacb, Virginia, that the hereinafter described streets be discontinued, closed and vacated: A portion of Cape Henry Drive more particularly described as follows; beginning at a pin where the eastern line of Lot 35 intersects the southern line of Cape Henry Drive as shown on the plat entitled "Subdivision of Section 5, Part 2, Lynnhaven Colony" said plat being recorded in the Clerk's office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 74 at page 7, and from said point of beginning running thence S 73 deg 31 min 51 sec W 100 feet to a pin; tbence N 16 deg 28 min 09 sec W 25 feet to a pin on the southern line of a VEPCO easement, tbence runing along the southern line of said VEPCO easement N 73 deg 31 min 51 seC E 100 feet to a pin; thence S 16 deg 28 min 09 sec E 25 feet to tbe point of beginning. I Said parcel of land being a portion of Cape Henry Drive. SECTION II A certified copy of thib ordinance Bhall be filed in tbe clerk's office of the Circuit Court of the city of virginia Beach, indexed in the name of the City of Virginia Beach, aB grantor. Adopted: G-PIli 1489 99 8079 2 WALLACE B. SMITH ATTORNEY AT LAW P.O. BOX 6124 VIRGINIA BEACII, VA 23456 TELEMIONE (01) 490-3101 CERTIFICATE OF VESTING OF TITLE I, Wallace B. Smith, attorney for Thomas A. Stafford and Anne M. Stafford, do certify that: 1. I am an attorney at law and represent Thomas A. Stafford and Anne M. Stafford, the petitioner. 2. if the property described below is discontinued, closed and vacated by the Council of the City of virginia Beach, Virginia, then title to said property will vest in Thomas A. Stafford and Anne M. Stafford, holders of the underlying fee in said property. That said property referred to herein is hereby described as follows; A portion of Cape Henry Drive more particularly described as follows; beginning at a pin where the eastern line of Lot 35 intersects the southern line of Cape Henry Drive as shown on the plat entitled 'Subdivision of Section 5, Part 2, Lynnhaven Colony" said plat being recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 74 at page 7, and from said point of beginning running thence S 73 deg 31 min 51 sec W 100 feet to a pin; thence N 16 deg 28 min 09 sec w 25 feet to a pin on the southern line of a VEPCO easement, thence runing along the southern line of said VEPCO easement N 73 deg 31 min 51 seC E 100 feet to a pin; thence S 16 deg 28 min 09 sec E 25 feet to the point of beginning. Very truly yours@ Wallace B. Smith PLEASE TAKE NOTICE, that a at meeting of the City Council of the City of Virginia Beach, Virginia, to be held on the 26th day of march, 1991, at 6.00 p.m., at the City Hall of the City of Virginia Beach, Princess Anne Station, the undersigned will petition the Council for the appointment of Viewers to view the below-described portion of the certain street and report to the city council whether in the opinion of the Viewers, what, if any, inconvenience would result from the vacating, closing and discontinuance on same, the said portion of said street being described as follows: A portion of Cape Henry Drive more particularly described as follows; beginning at a pin where the eastern line of Lot 35 intersects the southern line of Cape Henry Drive as shown on the plat entitled "Subdivision of Section 5, Part 2, Lynnhaven Colony' said plat being recorded in the Clerkls Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 74 at page 7, and from said point of beginning running thence S 73 deg 31 min 51 sec W 100 feet to a pin; thence N 16 deg 28 min 09 sec W 25 feet to a pin on the southern line of a VEPCO easement, thence runing along the southern line of said VEPCO easement N 73 deg 31 min 51 sec E 100 feet to a pin; thence S 16 deg 28 min 09 seC E 25 feet to the point of beginning. That portion of Cape Henry Drive to be vacated as shown on that plat entitled 'Plat showing a portion of Cape Henry Drive to be closed by the City Council of Virginia Beach' said plat being attached hereto and made a part hereof and intended to be recorded with the ordinance closing a portion the aforedescribed street. At that tirne, anyone affected may appear and present his views. After the report of the Viewers is received, at the next regular meeting of the City Council, or as soon thereafter as the matter may be placed on the agenda, the undersigned will Petition the City Council to vacate, close and discontinue that portion of Cape Henry Drive in the city of virginia Beach, virginia, described above. Thomas A. Stafford Anne M. stafford By: Of Cour Wallace B. Smith, Attorney P.O. Box 6124 virginia Beach, Virginia 23456 (804) 490-3901 A F F T D A STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-Wit: J, Wallace B. Smith, attorney for Thomas A. Stafford and Anne m. stafford, being first duly sworn, deposes and sta.tes: 1. Tbat I am an attorney at law and represent Thomas A. Stafford and Anne M. Stafford. 2. That on the 4th day of March, 1991, and on the llth day of March, 1991, notice of the presenting of the application to close a portion of that certain street known as a portion of Cape Henry Drive on behalf of Thomas A. Stafford and Anne M Stafford, was published in the Beacon, a newspaper of genera circulation in the City of Virginia Beach, Virginia. And further the deponeth saith not. 6i Wallace B. Smith Subscribed and sworn to before me this ,,@,@/!day ofr 1991. Notary Public My commission expires: IN THE MATTER OF CLOSIVO, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET, KNOWN AS CAPE HENRY DRIVE, AS SHOWN ON THAT CERTAIN PLAT ENTITLED "PLAT SHOWING A PORTION OF CAPE HENRY DRIVE TO BE CLOSED BY THE CITY COUNCIL OF VIRGINIA BEACH, LYNNHAVEN BOROUGH, VIRGINIA BEACHR VIRGINIA' ATTACHED HERETO. PETITION TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Your Petitioners, ThomaS A. Stafford and Anne M. Stafford respectively represent as fOllOWB: 1. That pursuant to the provisions of Section 15.1-364 of the Code of Virginia 1950, as amended, the Petitioners apply for the vacating, closing and discontinuance of a portion of that certain street, which are more specifically described as follows: A portion of Cape Henry Drive more particularly described as folloWS; beginning at a pin wbere the eastern line of Lot 35 intersects the soutbern line of Cape Henry Drive as shown on the plat entitled "Subdivision of Section 5, Part 2, Lynnhaven Colony" said plat being recorded in the Clerk's office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 74 at page 7, and from said point of beginning running thence S 73 deg 31 min 51 sec W 100 feet to a pin; thence N 16 deg 28 min 09 sec W 25 feet to a pin on the southern line of a VEPCO easement, thence runing along the southern line of said VEPCO easement N 73 deg 31 min 51 sec E 100 feet to a pin; thence S 16 deg 28 min 09 sec E 25 feet to the point of beginning. Said parcel of land being a portion of Cape Henry Drive, as shown on that plat entitled 'Plat showing a portion of Cape Henry Drive to be closed by the City Council of Virginia Beach" said plat being attached hereto and made a part hereof and intended to be recorded with the ordinance closing a portion the aforedescribed street. 2. That no inconvenience will result to any persons by reason of said closing, vacation and discontinuance of said street. 3. That on the 4th day of March, 1991 and on the llth day of March, 1991, notice of the presenting of this application was published in the Beacon, a newspaper of general circulation in the City of Virginia Beach, Virginia. 4. Tbat tbe fee simple owner of all land along and adjacent to and affected by said portion of the platted streets are your Petitioners herein. RespectfullY submitted, Thomas A. Stafford Anne M. Staff By of Coun Wallace B. Smith Attorney at Law P.O. Box 6124 Virginia Beach, Virginia 23456 (804) 490-3901 CITY OF VIRGINIA BEACII APPLICATION FOR STREET CLOSURE FEE: $250.00 Application HQ- 1- Date:r @@ 25, 199@l Applicant: II-ioms A. & Anne M. Stafforcl Address: 3128 Sarid Pifie Rd. va. Bch. Telephone: 804-496-3874 A representative of the applicant must be present at the Public Ilearings to apprise the Commission and City Council of complete information concerning the request. A survey is required to accompany all applications for street closures which shall be prepared by a survey other person.duly e State to practice I ecome na e. Request for: Str-t Clos-e Reason for Proposed Closure:to a--date lancl lying beneath sw@ng pool and apron into lot. Description of Property: Porti- c)f Cape fienry Drive Borough: Bayside I IIEREBY CERTIFY TIIAT IT IS MY INTENTION TO IIAVE TIIE FOLLOWING STREET(S) CLOSED: A portion of Cape Henry Drive Does an official or an employee of the City of Virginia Beach have an interest in the subject land? Yes - No xx If the answer is yes, name the official or the employee and naturi o-f interest. CENT PROPERTY OWNERS: Hame(s) Address None Please attach additional sheet if necessary. Action of Commission: Granted Denied Date Action of Council: Granted Denied Date Planimetric No. State of Virgi@ni'a AFFIDAVIT City of Norfolk This day -- - S-haron White personally oppeared before me and after being duly sworn made oath that: (1) (He) (She) is affidavit ierk of @g..i..-Pil /Ld r-STr a newspaper published by Landmark Communications, Inc., in the cities of Norfolk, Portsmouth, Chesapeake, SLJffolk and Virginia Beach, State of Virginia; @2) That the advertisement hereto annexed of Meeting 3/2 /Cit Council has been published in said newspaper on t!ie following dates: 3/3---1/ 19 Affiant Subscribed and sworn to before me in my city and state aforesaid this 13th dy of March 19 @l My commission expires W[Y CQM-A,41srl-@i-LI@ APRIL S"@4@ Notary Public - 22 - Item I-K-4-b- CONSENT AGENDA ITEM # 34231 Upon motlon by Vice Mayor Fentress, seconded by Counci Iman Baum, City Counci I ADOPTED: Ordinance appointing viewers in the petition of Gemini Builders, Inc. for the closure of a portion ot Old Princess Anne Road (KEMPSVILLE BOROUGH). The Viewers are: David G. Grochmal Director of General Services C. Oral Lambert, Jr. Director of Public Works Robert J. Scott Director of Planning Voting: 11-0 Council Members Votlng Aye: John A. Baum, James W. Brazler, Jr., Robert W. Clyburn, Vlce Mayor Robert E. Fentress, Harold Heischober, 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: None ORDINANCE APPOINTING VIEWERS WHEREAS, Gemini Builders, Inc. has given due and proper notice in accord with law that it would, on the 26th day of March, 1991, apply to the City Council of the City of Virginia Beach, Virginia, for the appointment of viewers to view the hereinafter described portion of old PrinceSS Anne Road in Kempsville Borough, in the City of Virginia Beach, Virginia, and to report in writing to this Council whether, in the opinion of said viewers any, and if any, what inconvenience would result from the discontinuance, closure and abandonment of said portion of Old Princess Anne Road; and WHEREAS, such application has been properly filed with this Council; and WHEREAS, all requirements of law have been met; NOW, THEREFORE, be it ORDAINED by the Council of the City of Virginia Beabh, Virginia, that @q,, David Grochmal -and C. Oral Lambert, Jr. be 6nd each of them is hereby appointed to view that certain portion of Old.Princess Anne Road described as "Portion of Old Princess Anne Road to Be Closed and Vacated" on ttiat survey entitled " Plat Showing Portion of Old Princess Anne Road t o be Closed and Vacated by the City of Virginia Beach, Virginia, Kempsville Borough-Virginia Beach, Virginia", and said viewers shall report in writing to this Council as soon as possible, whether in their opinion any, and i.f any, what inconvenience would result to the public from the discontinuance, vacation and abandonment of said portion of Old Princess Anne Road. ADOPTED: March 26, 1991 GROVY,'R C. IVRIGIIT, @JR. @TTII ... @ @.l@ T l-, DUNHILL Now OR FORMERLY WILLIAMS DRIVE (50'R/W) VIRGINIA STEWART ,, p 214 (M.B. 32, R 30) E3. 3,, , 17 2) (D- B. 22 B 7 8, p 33 13- 158, P 29 OD iD E 40.6'- 28"E OD 20' C) CL ci ci < o EL al Cr. C) Cb w Z cj < C\J Z w m -u0 0 w cr Lti U) o C) 0Cl) a: (n LL 0 W (,) c, -j rn < z U) C\; < cr-a cn C\i w r) j a. z > 3t < < cd Z C6 cd w z w U) LL U) x0 0 ui -i x Z 4L) Li YJ0w .Fn p:m R w- o@l cli C\i (r- z@ S 62-92'02'.W CL 10.05 2.O@'W cli 41. 9'- NOTES: L MERIDIAN SOURCE; PLAT SHOWING SURVEY OF BRENNEMAN NOW OR FORMERI-Y FARM FOR PEGGY REALTY ASSOCIATES CORPORATION, (M.B. 44, P I 1) c H ( 6 zo 6 2. AREA OF OLD PRINCESS ANNE ROAD LL (D.B. 2616, P 9 9) TO BE CLOSED AND VACATED = (D B. 2214 p 816) 13, 550 SQUARE FEET OR 0.311 ACRE. PLAT SHOWING PORTION OF OLD PRINCESS ANNE ROAD TO BE CLOSED AND VACATED BY THE CITY OF VIRGINIA BEACH, VIRGINIA KEMPSVILLE BOROUGH-VFRGINIA BEACH, VIRGINIA SCALE: 1"= 100' OCTOBER 17, 1990 ROUSE-SIRINE ASSOCIATES, LTD. SURVEYORS - ENGINEERS - PLANNERS VIRGINIA BEACH, VIRGINIA CITY OF VIRGINIA BEACH, VIRGINIA TO (ORDINANCE OF VACATION GEMINI BUILDERS, INC. AN ORDINANCE VACATING AND DISCONTINUING A PORTION OF OLD PRINCESS ANNE ROAD IN KEMPSVILLE BOROUG Y OF VIRGINIA BEACH, VIRGINIA WHEREAS, proper notice of the intended application of the applicant, Gemini Buiiders, Inc., to be presented to the City Coun,il Of the CitY Of Virginia Beacht Virginia, on the 26th day of M,,ch , 1991, for the vacation of the portions of the hereinafter described portion of Old Princess Anne Road in the City of Virginia Beach, Virginia, was on the 22nd day of , 1991, and on the 2nd day of March 1991, duly published twice with six days elapsing between the two publications i.n a newspaper published or having general circulation in the City of Virginia Beach, Virginia, specifying the time and place of hearing at which affected persons might appear and present their views, in conformity with the manner prescribed by Code of Virginia, Section 15.1-364, for the institution of proceedings for the vacation of a pcrtion of Old Princess Anne Road; and WREREAS, said application was made to the City Council of the City of Virginia Beach, Virginia, on the 26th day of March , 1991, and in conformity with the manner prescribed by Code of Virginia, Section 15.1-364, for the conduct of such proceedings, the City Council of the City of Virginia Beach, Virginia, on the 26th day of March 1991, appointed r I and , as viewers to view such road and report in writing whether in their opinion any, and if any, what inconvenience would result from discontinuing the same, and said viewers have made such a report to the City Council of the City of Virginia Beach, Virginia; and WHEREAS, from such report and other evidence, and after notice to the land proprietors affected thereby, along GPIN: 1476-42-9160 the portion Of old Princess Anne Road vacated, it is the judgmei-it of the City Council Of the City of Virginia Beach, Virginia, that these proceedings have been instituted, conducted and concl,uded in the manner prescribed by Code of Virginia, Section 15.1-364, that no inconvenience would result from vacating and discontinuing the portion of Old Princess Anne Road, and that the portion of old Princess Anne Road should be vacated and discontinued; NOlq, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia: 1. That the following portion of Old Princess Anne Road, in the Boroiigh of Kempsville, in the City of Virgini-a Beach, Virginia, be, and the same is hereby vacated and discontinued: All those certai-n pieces or parcels of land, situate, lying and being in Lynnhaven Borough, in the City of Virginia Beach, State of Virginia, being that portion of Old Princess Anne Road designated as "Portion of Old Princess Anne Road to Be Closed and Vacated" on that certain survey entitled "Plat Shotiing Portioll of Old Princess Anne Road to Be Closed and Vacated by the City of virginia Beach, V,irginia, Kempsville Borough - Virginia Beach, Virginia," prepared by Rouse-Sirine Associates, Ltd., the subject portion of Old Princess Anne Road is bounded on the east by property now owned of record by Gemini Builders, Ilic., and described as Parcels 1 and 2 as shown on that certain plat erititled "SIJRVEY OF PORTION OF PARCEL DESIGNATED ".11.18 ACRES' AS SHOWN ON 'SURVEY OF BRENNEMAN FARM FOR PEGGY REALTY CORPORATION' AND PARCEL DESIGNATED '1.110 AC.' AS SIIOWN ON 'PIIYSICAL SURVEY OF PROPERTY NO'S 4540 and 4544 PRINCESS ANNE RD.' KEMPSVILLE BOROUGH - VIRGINIA BEACH, VIRGINIA," prepared by Rouse-Sirine Associates, Ltd., recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 210, at page 25. 2. A certified copy of this ordinance of vacation shall be recorded as deeds are recox7ded and indexed in the name of the Citv of Virgi.ni.a Beach, Virginia, as Grantor, and in the iiame of Gemini Builders, Tric., as Grantee, in the Clerk's C@fice of the Circiiit Court of the City of Virginia Beach, Virgiiiia, at t'lie expense of the applicarits. 2 3. This Ordinance shall be effective on the date of its passage. Certified to be a true and exact copy of all ordinance adopted by the City Council of the City of Virginia Beach, Virginia, at its regular meeting held on the 26th day of m .. h , 1991. TESTE: RUTH SMITH, CITY CLERK By 3 C6.jot,,O, M,,,4o@jt-, & W," ATTORNEYS AND COUNSELLORS AT LAW 4560 COLUMBUS LOOP. VIRGINIA BEACH. VIRGINIA 23462 TELEPHONE (804) 490-2711 ERNESTC,CONSOLVO CARL S. MARKOWITZ WILLIAM T. WEBS, JR. January 24, 1991 C)F LAW office Of the City Attorney City of Virginia Beach Municpal Center Virginia Beach, virginia 23456 RE: Certificate of Title DESCRIPTION: Portion of Old Princess Anne Road to be closed and vacated as shown on that certain plat dated October 17, 1990, prepared by Rouse-Sirine Associates, Ltd., entitled "PLAT SHOWING PORTION OF OLD PRINCESS ANNE ROAD TO BE CLOSED AND VACATED BY THE CITY OF VIRGINIA BEACH, VIRGINIA", being all that certain piece or par- cel of land, situate, lying and being in the City of Virginia Beach, State of virginia, being the property known as PARCEL C, 0.467 AC as shown on that certain plat entitled "PLAT SIIOWING RIGHT OF WAY DEDICATED TO THE CITY OF VIRGINIA BEACH FROM A. R. CAPT'AN AND ALAN FLEDER, DEPARTMENT OF COMMUNITY SERVICES, ENGINEERING DIVISION, CITY OF VIRGI.NIA BEACH", recorded in the Clerk's office of the Circui-t Court of the City of Virginia Beach, Virginia in Map Book 104, at Page 44. IT BEING a part of the property conveyed to the City of Virginia Beach by Deed of A. R. Caplan and Rose J. Caplan, husband and wife, and Alan Fleder and Esther S. Fleder, husband and wife, by Deed of Gift dated June 20, 1974 and recorded in Deed Book 1431, at Page 201. Gentlemen: I certify that I have exantined the recorded title, as disclosed by the general indices, to the above-described proper- ty, and find the saitie to be a right of way, the fee simple title to whicb is presently vested in the City of Virginia Beach, and which, upon closure of this right of way in compliance with the laws governing the same, will vest in Gemini Builders, Inc., a office of Ci.ty Attorney city of virginia Beach RE: Certificate of Title January 24, 1991 ----------- Page Two ---------------------------------------------- virgini.a corpoiation, by virtue of its ownership of the adjacent property acquired froni C 11 & B Associates by Deed dated January 10, 1991 and recorded in Deed Book 2961, at Page 1853, subject to the following exceptions: ITEM 1: Defects, liens, encumbrances, adverse claims or other matters, if aiiy, creat,2d, first appearing in the public records or attachirig subsequent to the effective date hereof, but pri.or to the date tile proposed owner acquires for value of record the estate or i.nterest covered hereby. ITEM 2: An easeuient in favor of Virginia Power (for- merly VEPCO) along 01-d Pri.ricess Anne Road dated October 27, 1974 and recor(led i-n Deed Bool@ 1461, at page 517. ITEM 3: Judgment fi.led November 9, 1990 in Judgment Book 77, at Page 986 in the aniount of Sixty Thousand Three Hun- dre(3 Forty-ttiree and 39/100 Dol.lars ($60,343.39,), plus interest and costs, in favor of E. S. G. Enterprises against the City of Vi.rginia Beach, Virgiiiia. Respectfully subnlitted, CONSOVLO, MARKOWITZ & WEBB Wi.Iliaiii T. Webb, Jr. WTW/pdj CERT/TTi,.I,TR-BC4 LEGAL DESCRIPTION All that certain piece or parcel of land, situate, lying and being in Kempsville Borough, in the City Of virginia Beach, State of virginia, being that portion Of Old Princess Anne Road designated as "Portion of Old Princess Anne Road To Be Closed and Vacated" on that certain survey entitled "Plat Showing Portion of old Princess Anne Road to be Closed and Vacated by the City of Virginia Beach, Virginia, Kempsville Borough - Virginia Beach, Virginia"; the subject portion of old PrinceSs Anne Road is bounded on the east by property now owned of record by Gemini Builders, Inc., and dedcribed as Parcel I and Parcel 2 as shown on that certain survey entitled "SURVEY OF PORTION OF PARCEL DESIGNATED 1211.18 ACRES' AS SHOWN ON 'SURVEY OF BRENNEMAN FARM FOR PEGGY REALTY CORPORATION' AND PARCEL DESIGNATED '1.110 AC' AS SHOWN ON 'PHYSICAL SURVEY OF P@OPERTY NO'S 4540 & 4544 PRINCESS ANNE RD.'@ KEMPSVILLE BOROUGH - VIRGINIA BEACH, VIRGINIA," recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 210, page 25. NOTICE TAKE NOTICE of the intention of Gemini Builders, Inc., to apply to the City Council of the City of Virginia Beach, Virginia, at a meeting thereof on Tuesday,March 26, 1991, at 6:00 p.m., in Council Chambers, municipal Administration Building, PrincesS Anne, Virginia Beach, Virginia, at which time affected persons may appear and present their views, for the vacation of a portion of Old Princess Anne Road, adjoining Parcels I and 2 as shown on the survey entitled "Survey of Portion of Parcel Designated 1211.18 Acres' as Shown on 'Survey of Brenneman Farm for Peggy Realty Corporation' and Parcel Designated '1.110 Ac' as Shown on 'Physical Survey of Property No!s. 4540 & 4544 Princess Anne Road," in Kempsville Borough of the City of Virginia Beach, Virginia, recorded in Map Book 210, page 25, in the Virginia Beach Circuit Court CLerk's office. BUILDERS, INC. r ney at IN Tlll- MATTER OF TliE APPLICATION OF GEMINI BUILDERS, INC., FOR THE CLOSURE, VACATION AND DISCON'RINLJAIIICE OF A PORTION OF OLD PRINCESS ANNE ROAD IN KEMPSVILLE BOROUGH, VIRGINIA BEACH, VIRGINIA PETITION TO: Tlie City Council of the City of Virginia Beach/ Virginia Beach, Virgini8l Your petitioner, the applicant, GEMINI BUILDERS, INC., who owns Parcels 1 and 2, shown on"Survey of Portion of 211.18 Acres shown on Survey of Brenneman Farm for Peggy Realty Corporation and Parcel 1.110 AC. shown on Survey of Property No's 4540 and 4544 Princess Anne Road, Kempsville Borough, Virginia Beach, Virginia, which is all of the property abutting the hereinafter described portion of Old Princess Anne Road to be closed, hereby applies for the vacation, closing and discontinuance of that portion of Old Princess Anne Road adjacent to my said property designated as "Portion of Old Princess Anne Road To Be Closed and \'acated." on that certain survey made by Rouse-Sirine Associates, Ltd., Surveyors, Engineers, Planners, &,.ited October 17, 1990, entitled "Plat Showing Portion of old Princess Anne Road to be Closed and Vacated by The city of Virginia Beach, Virginia, Kempsville Borough - Virginia Beach, Virginia." Your petitioner and applicant alleges that no inconvenience will result to the public by reason of said closure and asks that Council appoint viewers as prov.1ded by law to view the said portion of Old Princess Anne Road sought to be closed and report in writing to the Council as to whether in the opinioxi of the viewers what inconvenience, if any, would result from the discontinuance and closure as herein sought, at which time the petitioner will ask for passage of an ordinance vacating the portion of old Princess Anne Road sought to be closed herein. On Febru 1991, and on March 2 1991, notice of intention to apply for such vacation to the Council was published as required by law in the VIRGINIAN- PILOT, a newspaper published or generally circulated in Virginia Beach, Virginia. Respectful.ly submitted, GEMINI BUILDERS, INC. By Thoma Vice President AFFIDAVIT STATE OF VIRGINIA, CITY OF VIRGINIA BEACH, tO-Wit: I, Grover C. Wright, Jr., Attorney for Gemini BUilders, Inc., being first duly sworn, depose and state: 1. That I am an attorney at Law and represent Gemini BUilders, Inc. 2. That on February 7 1991, I requested THE VIRGINIAN-PILOT, a newspaper having a general circulation in the City of Virginia Beach, Virginia, to publish on ebruary 22 , 1991, and March 2 , 1991, notice of the presenting of the application to close a portion of 01 d Princess Anne Road, Kempsville Borough, Virginia Beach, Virginia. And further th wrig Subscribed and sworn to before me of February 1991. Dorothy/,R. Swahson Notary/'Public my commission expires May 31, 1993. GIROVER C. WRIGIIT. JR. ATTORNEY AND COUNSI@LLOR AT 1,AW, P C .@ITH BLAI!l@'I.Wi@R BU@@D@'c@ VIRGINIA DP@ACII, VIRC@INIA 2',3451 PO.T OFNCE DO- 5- T.LEPI.ON. fBO4) @28 -.14@ March 7, 1991 EAC., V-. 23458 TEL.COP.ER (80.) 4.5 - 8@'@ Mr. William Bunch Assistant City Attorney Municipal Center Va. Beach, VA 23456. Dear Bill: atreet glot@re- Re: emini ul ers. Enclosed is the affidavit of publication in the Virginian- Pilot/Ledger Star on 2/22 and 3/2. Yours truly, Grover C. Wright, Jr. GCWJR:DRS Encl. DEPT. OF LANV- 3juie 01 viiyiiiiu to-@it@ AttIL)AVii City of Norfolk personally This day - Sharon White appeared before me and f,., b.,.g duly @--l-I .d. .th Iht (1) (He) (she) is ffidavit Ierk of ,, newspaper publi,hed by Landmark Chesapeake, Suffolk cnd Virginia Beach, State of Virginia; @2) That the advertisement hereto annexed of Gei.i Builde has been published in sclid newspaper on t!ie following dates: 19 A iont Subscribed and sworn to before me in my city cMnd. sc"@7 said this 5th day of ch 19 9-1 com issiR@AX?J 19 - 23 - Item I-K-5- CONSENT AGENDA ITEM # 34232 Upon motlon by Vlce Mayor Fentress, seconded by Councilman Baum, City Council APPROYED: CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY: Alplne Limouslnes Fortune 500 Limousines, Ltd. Voting: 11-0 Council Members Voting Aye: John A. Saum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, 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: None 24 - item PUBLIC HEARING ITEM # 34233 PLANNING mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on: PLANNING (a) C & T PROPERTIES, INC. CONVERSION OF NONCONFORMING USE (b) JOHN M. BAILLO AND CONDITIONAL USE PERMIT MICHAEL J. MILES (c) MELVIN HELMICK VARIANCE (d) RICKIE L. MACHLETTE CHANGE OF ZONING ROBERT L. WHITEHORNE (e) INDIAN RIVER PLANTATION, INC. CHANGE OF ZONING AND CONDITIONAL USE PERMIT (f) LAKE RIDGE ASSOCIATES CONDITIONAL ZONING CLASSIFICATIONS - 25 - Item I-L.l- PUBLIC HEARING ITEM # 34234 PLANNING The followlng registered In OPPOSITION to the authorization for conversion of a nonconforming use but WAIVED right to speak: Kenneth W. Little, 3712 West Stratford Road, Phone: 460-2066 Irene Sutton, 284 River Road, Phone: 481-7401 Shiley Radcliffe, 3733 Surry Road, Phone: 464-2402 Judith Connors, 39858 Whispering Oaks Place, Phone: 464-3640 Upon motion by Councilman Jones, seconded by Councllman Heischober, City Council ADOPTED: Resolutlon Denying Authorization for the conversion of a Nonconforming Use by C & T Properties, Inc., 3700 West Stratford Road, Borough of Bayside. Application of C & T Properties for the Conversion of a Nonconformlng Use on property located at 3700 West Stratford Road. The parcel contains 12,980.88 square feet. More detailed Information Is avallable in the Department of Planning. BAYSIDE BOROUGH. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndort, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None APPgOVgD CONTENTS ---fKGNA'rURE DEPARTMENT APPROVED AS TO LEIGAL I 1 .7@// CifY ALTO@ A RESOLUTION DENYING AUTHORIZATION FOR THE 2 CONVERSION OF A NONCONFORMING USE By C & T 3 PROPERTIES, INC., 3700 WEST STRATFORD ROAD, 4 BOROUGH OF BAYSIDE 5 WHEREAS, C & T Properties, Inc. desires to convert a 6 nonconforming use, consisting of a vacant marine repair facility 7 located at 3700 West Stratford Road, in the Borough of Bayside, to 8 an automobile repair garage, and 9 WHEREAS, the aforesaid property is located within the 10 R-5R Residential Resort Zoning District, in which automobile 11 repair garages are not permitted principal or conditional uses; and 12 WHEREAS, the operation of a marine repair facility at the 13 aforesaid location may be recommenced at any time within two years 14 from the date of its discontinuance, thereby retaining its lawful 15 nonconforming status; and 16 WHEREAS, the conversion of a nonconforming use to another 17 use which does not conform to the use regulations of the zoning 18 district in which it is located is permitted only upon a finding 19 by the City council that the proposed use is equally appropriate 20 or more appropriate than the existing nonconforming use; 21 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 22 OF VIRGINIA BEACH, VIRGINIA: 23 That the City Council does hereby find that the proposed 24 automobile repair garage is not equally appropriate or more 25 appropriate than the existing marine repair facility. 26 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA: 28 That authorization to convert the existing nonconforming 29 use to an automobile repair garage be, and hereby is, denied. 3 0 Adopted by the Council of the City of Virginia Beach, 31 Virginia, on the 26 day of ma@@h , 1991' 32 CA-91-4168 33 \ordin\noncode\C&T.res 34 R-1 2 - 26 - Item I-L.l.b. PUBLIC HEARING ITEM # 34235 PLANNING John M. Ballio, the applicant, represented himself Upon motion by Councilman Brazier, seconded by Councilman Sessoms, City Council ADOPTED an Ordinance upon applicatlon of JOHN M. BAILLIO and MICHAEL J. MILES for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF JOHN M. BAILLIO and MICHAEL J. MILES FOR A CONDITIONAL USE PERMIT FOR A LANDFILL R03911359 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon appl*ication of John M. Baillio and Michael J. Miles for a landfill on certain property located on the east side of Oceana Boulevard, 1000 feet south of Southern Boulevard. The parcel contains 70 acres. LYNNHAVEN BOROUGH. The following conditions shall be required: 1. A permit from the Virginia Water Control Board Is requlred to discharge any water from dewatering Into a state waterway. 2. At the time of detailed site plan review, wrltten verification from the Army Corps of Englneers stating whether or not a permit Is required, and If so, that It has been granted wlll be required. 3. All conditions proffered by the applicant on the submitted site plan should be applicable. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordlnance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty- sixth day of March, Nineteen Hundred and Ninety-One. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, 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: None - 27 - item I-L.1-c- PUBLIC HEARING ITEM # 34236 PLANNING Attorney R. J. Nutter I 1, 4425 Corporation Lane, Phone: 671-6000, represented the applicant Upon motion by Vice Mayor Fentress, seconded by Councilman Jones, City Council APPROYED the application of MELVIN HELMICK for Variance to Section 4.4(b) of the Subdivision Ordinance whlch requlres all lots created by subdlvision meet all requirements of the City Zoning Ordinance. Appeal from Declsions of Administrative Officers in regard to certain elements of the Subdivision for Melvin Helmick. Property is located at the northwest Intersection of Holly Road and 35th Street. VIRGINIA BEACH BOROUGH. Votlng: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, 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: None - 28 - Item I-L.l.d. PUBLIC HEARING ITEM # 34237 PLANNING The letter of March 25, 1991 from Attorney Jack E. Ferrebee requesting WITHDRAWAL is hereby made a part of the record. Jack Ferrebee, 2877 Guardian Lane, Phone: 463-2460, represented the applicant LCDR Mark Terell, NAS Oceana, U.S. Navy, Phone: 433-2408, registeed in OPPOSITION but was not In OPPOSITION to the WITHDRAWAL. Upon motion by Councilman Brazier, seconded by Councilman Sessoms, City Council ALLOWED WITHDRAWAL of an Ordinance upon application of RICKIE L. MACHLETTE and ROBERT L. WHITEHORNE for a Change of Zoning District Classification from R-10 to A-18. ORDINANCE UPON APPLICATION OF RICKIE L. MACHLETTE AND ROBERT L. WHITEHORNE FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-10 TO A-18 Ordinance upon application of Rickle L. Machlette and Robert L. Whitehorne for a Change of Zonlng District Classification from R-10 Residential District to A-18 Apartment District on certaln property located at the southeast corner of South Birdneck Road and Brooklyn Avenue. The proposed zoning classification change Is for multi-family I and use at a dens I ty no greater than 1 8 dwe I I I ng units per acre. The Comprehensive Plan recommends use of this parcel for agricultural use but may be acceptable for future industrial use If in keeping with the City's AICUZ policy. The parcel contains 2.070 acres. LYNNHAVEN BOROUGH. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazler, Jr., Robert W. Clyburn, Vlce Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McC[anan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Councll Members Voting Nay: None Council Members Absent: None THIS ITEM WAS BROUGHT FORWARD ON THE AGENDA TO THE BEGINNING OF THE PLANNING ITEMS. - 29 - Item I-L.I.e. PUBLIC HEARING ITEM # 34238 PLANNING Tuck Bowie, 1709 Oxen Court, Phone: 481-2741, represented the applicant and requested DEFERRAL The following registered In OPPOSITION and requested the DEFERRAL be SCHEDULED for an evening Council Session: Charles Traub 111, 784 Glasgow Court, Phone: 340-0956 Robert Dean, 1204 Shawn Drive, Phone: 427-6606 Rae H. LeSesne, 5325 Thornburg Lane, Phone: 497-8008 Beth Lang, 1204 Shawn Drive, Phone: 427-6606 Chris Solanic, 4727 Eldon Court, Phone: 456-0214 Stuart Gordon, 2953 Virginia Beach Boulevard, Phone: 340-7975 Upon motion by Councilwoman McCianan, seconded by Councllman Sessoms, City Council DEFERRED until the City Council Session of April 9, 1991, Ordinances upon application of INDIAN RIVER PLANTATION, INC. for Conditional Zoning Classifications and a Conditional Use Permit: ORDINANCE UPON APPLICATION OF INDIAN RIVER PLANTATION, INC. FOR A CONDITIONAL ZONING CLASSIFICATION FROM AG-1 TO R-10 Ordinance upon application of Indian River Plantation, Inc. for a Condltional Zoning Classlflcation from AG-1 Agricultural Dlstrict to R-10 Resldential District on the following parcels: Parcel 1: Located 720 feet more or less north of Indian River Road beginning at a polnt 5600 feet more or less west of West Neck Road. Parcel 2: Located 700 feet more or less north of Indlan River Road beginning at a point 4200 feet more or less west of West Neck Road. Parcel 3: Located 640 feet more or less north of Indian River Road beginning at a point 3040 feet more or less west of West Neck Road. Parcel 4: Located 840 feet more or less north of Indian River Road beginning at a point 640 feet more or less west of West Neck Road. Said parcels contain 56.1 acres. More detailed information Is available in the Department of Planning. PRINCESS ANNE BOROUGH. A N D, ORDINANCE UPON APPLICATION OF INDIAN RIVER PLANTATION, INC. FOR A CONDITIONAL ZONING CLASSIFICATION FROM AG-1 TO R-15 Ordinance upon application of Indian Rlver Plantation, Inc. for a Conditional Zoning Classification from AG-1 Agricultural District to R-15 Residential District on the following parcels: Parcel 1 : Located 660 feet more or less north of Indian River Road beginning at a point 740 feet more or less west of West Neck Road. Parcel 2: Located 1360 feet more or less north of Indian River Road beginning at a point 3850 feet more or less west of West Neck Road. Parcel 3: Located 1920 feet more or less north of Indian River Road beginning at a point 5540 feet more or less west of West Neck Road. Said parcels contains 82.1 acres. More detailed information is available In the Department of Planning. PRINCESS ANNE BOROUGH. - 30 - item I-L.I.e. PUBLIC HEARING ITEM # 34238 (Continued) PLANNING A N D, ORDINANCE UPON APPLICATION OF INDIAN RIVER PLANTATION, INC. FOR A CONDITIONAL ZONING CLASSIFICATION FROM AG-1 TO R-20 Ordinance upon application of Indian River Plantation, Inc. for a Change of Zoning District Classification from AG-1 Agricultural District to R-20 Residential District on the following parcels: Parcel 1: Located 700 feet more or less north of Indian River Road beginnlng at a point 1140 feet more or less west of West Neck Road. Parcel 2: Located 1200 feet more or less north of Indian River Road beginning at a point 900 feet more or less west of West Neck Road. Parcel 3: Located 4000 feet more or less north of Indian River Road beginning at a point 700 feet more or less west of West Neck Road. Parcel 4: Located 1900 feet more or less north of Indian River Road beginning at a point 4800 feet more or less west of Wast Neck Road. Parcel 5: Located 2300 feet more or less north of Indian River Road beginnlng at a point 3650 feet more or less west of West Neck Road. Parcel 6: Located 1400 feet more or less north of Indian River Road beginning at a point 3700 feet more or less west of West Neck Road. Said parcel contains 101.9 acres. More detailed Information Is available in the Department of Planning. PRINCESS ANNE BOROUGH. A N D, ORDINANCE UPON APPLICATION OF INDIAN RIVER PLANTATION, INC. FOR A CONDITIONAL ZONING CLASSIFICATION FROM AG-2 TO R-10 Ordinance upon application of Indian River Plantation, Inc. for a Change of Zoning District Classification from AG-2 Agrlcultural District to R-10 Residential District on the following parcels: Parcel 1: Located on the north side of Indian River Road beginning at a point 5800 feet more or less west of West Neck Road. Parcel 2: Located on the north side of Indian River Road begfnnlng at a point 5200 feet more or less west of West Neck Road. Parcel 3: Located on the north side of Indian River Road beginning at a point 2920 feet more or less west of West Neck Road. Parcel 4: Located on the west side of West Neck Road beginning at a point 800 feet more or less north of Indian River Road. Parcel 5: Located 2940 feet northwest of the Intersection ot Indian River Road and West Neck Road. Said parcels contains 52.9 acres. More detailed Information Is available in the Department of Planning. PRINCESS ANNE BOROUGH. 31 - Item I-L.l.e. PUBLIC HEARING ITEM 34238 (Continued) PLANNING A N D, ORDINANCE UPON APPLICATION OF INDIAN RIVER PLANTATION, INC. FOR A CONDITIONAL ZONING CLASSIFICATION FROM AG-2 TO R-15 Ordinance upon application of Indian River Plantation, Inc. for a Conditional Zoning Classification from AG-2 Agricultural District to R-15 Residential District on the following parcels. Parcel 1: Located on the west side of West Neck Road beginning at a point 4440 feet more or less north of Indian River Road. Parcel 2: Located 300 feet more or less north of Indian River Road beginning at a point 640 feet more or less west of West Neck Road. Said parcels contains 22.8 acres. More detailed information Is available In the Department of Plannlng. PRINCESS ANNE BOROUGH. A N D, ORDINANCE UPON APPLICATION OF INDIAN RIVER PLANTATION, INC. FOR A CONDITIONAL ZONING CLASSIFICATION FROM AG-2 TO R-20 Ordinance upon application of Indian River Plantation, Inc., for a Conditional Zonlng Classification from AG-2 Agricultural District to R-20 Residential Distrlct on the following parcels: Parcel 1 : Located 700 feet more or less north of Indian River Road beginning at a point 1140 teet more or less west of West Neck Road. Parcel 2: Located 3340 feet more or less north of Indian River Road beginning at a polnt 1800 feet more or less west of West Neck Road. Parcel 3: Located 3480 feet more or less north of Indian River Road beginning at a point 240 feet more or less west of West Neck Road. Said parcels contain 14.6 acres. More detailed Information is available In the Department of Planning. PRINCESS ANNE BOROUGH. A N D, ORDINANCE UPON APPLICATION OF INDIAN RIVER PLANTATION, INC. FOR A CONDITIONAL USE PERMIT FOR A RECREATIONAL FACILITY FOR AN OUTDOOR NATURE (GOLF COURSE) Ordinance upon application ot Indian River Plantation, Inc. for a Conditional Use Permit for a recreational facility of an outdoor nature (golf course) on certain parcels located at the northwest Intersection of Indian River Road and West Neck Road. Said parcels contain 203.6 acres. More detailed lnformatlon Is available in the Department of Planning. PRINCESS ANNE BOROUGH. - 32 - Item I-L.l.e. PUBLIC HEARING ITEM # 34238 (Continued) PLANNING Voting: 10-1 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: Mayor Meyera E. Oberndorf Council Members Absent: None - 33 - Item I-L.l.f. PUBLIC HEARING ITEM # 34239 PLANNING The Honorable Glenn R. Croshaw, represented the applicant and requested DEFERRAL The following registered in OPPOSITION and requested the DEF M AL be SCHEDULED for an evening Council Session: H. L. Gordner, 1928 Weybridge Circle, Phone: 427-6858 Rae H. LeSesne, 5325 Thornburg Lane, Phone: 497-8008 Marilyn Kyle, 3716 North Landstown, Phone: 427-2803 Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925 Charles Traub, III, 784 Glasgow Court, Phone: 340-9056 Ray Lupton, Landstown Road Robert Dean, 1204 Shawn Drive, Phone: 427-6606 Wes Gardner, 6520 Knotts Island Road, Phone: 721-3477 Beth Lang, 1204 Shawn Drive, Phone: 427-6606 Chris Solanic, 4727 Eldon Court, Phone: 456-0214 Stuart Gordon, 2953 Virginia Beach Boulevard, Phone: 340-7975 Upon motion by Councilwoman McClanan, seconded by Councilman Brazier, City Council DEFERRED until the City Council Session of April 9, 1991, Ordinances upon application of LAKE RIDGE ASSOCIATES for Conditional Zoning Classifications: ORDINANCE UPON APPLICATION OF LAKE RIDGE ASSOCIATES FOR A CONDITIONAL ZONING CLASSIFICATION FROM AC-1 TO A-12 Ordinance upon application of Lake Ridge Associates for a Conditional Zoning Classification from AG-1 Agricultural District to A-12 Apartment District on the following parcels: Parcel 1: Located 4000 feet more or less southwest of the intersection of Princess Anne Road and Landstown Road. Parcel 2: Located 6400 feet more or iess southwest of the intersection of Princess Anne Road and Landstown Road. The proposed zoning classification change is for multi-family housing land use at a density no greater than 12 dwelling units per acre. The Comprehensive Plan recommends use of this parcel for prime agricultural land at a density no greater than one dwelling unit per acre. The parcels contain 103.5 acres. PRINCESS ANNE BOROUGH. A N D, ORDINANCE UPON APPLICATION OF LAKE RIDGE ASSOCIATES FOR A CONDITIONAL ZONING CLASSIFICATION FROM AG-1 TO A-18 Ordinance upon application of Lake Ridge Associates for a Conditional Zoning Classification from AG-1 Agricultural District to A-18 Apartment District on certain property located 5050 feet more or less southwest of the intersection of Princess Anne Road and Landstown Road. The proposed zoning classification change is for multi-family housing land use at a density no greater than 18 dwelling units per acre. The Comprehensive Plan recommends use of this parcel for prime agricultural land at a density no greater than one dwelling unit per acre. The parcel contains 23.6 acres. PRINCESS ANNE BOROUGH. - 34 - Item I-L.l.f. PUBLIC HEARING ITEM # 34239 (Continued) PLANNING ORDINANCE UPON APPLICATION OF LAKE RIDGE ASSOCIATES FOR A CONDITIONAL ZONING CLASSIFICATION FROM AG-1 TO B-2 Ordinance upon application of Lake Ridge Assoclates for a Condltlonal Zonlng Classiflcation from AG-1 Agricultural District to B-2 Community Business District on the following parcels: Parcel 1: Located 1200 feet more or less southwest of Princess Anne Road, 4600 feet more or less southeast of Landstown Road. Parcel 2: Located 2200 feet more or less southwest of Princess Anne Road, 3900 feet more or less northwest of North Landing Road. Parcel 3: Located 900 feet more or less west of Landstown Road, 2800 feet more or less northwest of Princess Anne Road. The proposed zon*ing classification change Is for commercial land use. The Comprehensive Plan recommends use of thls parcel for prime agricultural land at a density no greater than one dwelling unit per acre. The parcels contain 187.1 acres. PRINCESS ANNE BOROUGH. A N D, ORDINANCE UPON APPLICATION OF LAKE RIDGE ASSOCIATES FOR A CONDITIONAL ZONING CLASSIFICATION FROM AG-1 TO H-1 Ordinance upon application of Lake Ridge Assoclates for a Conditlonal Zoning Classificatlon from AG-1 Agricultural Distrlct to H-1 Hotel District on certain property located 3400 feet more or less west of Princess Anne Road beginning at a potnt 4800 feet more or less southwest of the intersection of Princess Anne Road and Landstown Road. The proposed zoning classification change Is for hotel land use at a density no greater than 80 lodgTng units per acre. The Comprehensive Plan recommends use of this parcel for prime agricultural land at a density no greater than one dwelling unit per acre. The parcel contains 15 acres. PRINCESS ANNE BOROUGH. - 35 - Item I-L.l.f. PUBLIC HEARING ITEM # 34239 (Continued) PLANNING ORDINANCES UPON APPLICATION OF LAKE RIDGE ASSOCIATES FOR A CONDITIONAL ZONING CLASSIFICATION FROM AG-1 TO 0-2 Ordinance upon application of Lake Ridge Associates for a Conditional ZonTng Classlflcation from AG-1 Agricultural District to 0-2 Office District on the following parcels: Parcel 1: Located 1200 feet west of Princess Anne Road beglnnlng at a point 1400 feet more or less southwest of the Intersection of Princess Anne Road and Landstown Road. Parcel 2: Located 1200 teet east of Landstown Road beginning at a point 3050 feet more or less south of the Intersection of Landstown Road and Prlncess Anne Road. Parcel 3: Located 1200 teet west of Landstown Road beglnning at a point 1800 feet more or less southwest of the Intersection of Landstown Road and Princess Anne Road. Parcel 4: Located 1200 feet west of Landstown Road beginning at a point 3250 feet more or less southwest of the Intersection of Landstown Road and Princess Anne Road. Parcel 5: Located 1200 feet west of Landstown Road beginning at a point 4850 feet more or less southwest of the intersectlon of Landstown Road and Princess Anne Road. The proposed zoning classtfication change is for office land use. The Comprehensive Plan recommends use of this parcel for prime agricultural land at a denslty no greater than one dwelling unit per acre. The parcels contain 200 acres. PRINCESS ANNE BOROUGH. A N D, ORDINANCE UPON APPLICATION OF LAKE RIDGE ASSOCIATES FOR A CONDITIONAL ZONING CLASSIFICATION FROM AG-1 TO 0-2 Ordinance upon application of Lake Ridge Associates for a Conditional ZonTng Classification from AG-1 Agricultural District to 0-2 Office District iocated 1200 feet more or less southwest of Princess Anne Road, 9100 feet more or less southeast of Landstown Road. The proposed zonlng classification change Is for office land use. The Comprehensive Plan recommends use of this parcel for prime agrlcultural land at a density no greater than one dweillng unit per acre. The parcel contains 155.6 acres. PRINCESS ANNE BOROUGH. - 36 - Item I-L.I.f. PUBLIC HEARING ITEM # 34239 (Continued) PLANNING ORDINANCE UPON APPLICATION OF LAKE RIDGE ASSOCIATES FOR A CONDITIONAL ZONING CLASSIFICATION FROM AG-1 TO 0-2 Ordinance upon application of Lake Ridge Associates for a Conditional Zoning Classification from AG-1 Agricultural District to 0-2 Office District on the followTng parcels: Parcel 1: Located 7320 feet more or less northeast of the intersection of Landstown Road and Salem Road. Parcel 2: Located 1800 feet more or less southwest of the intersection of Landstown Road and Princess Anne Road. The proposed zoning classification change Is for office land use. The Comprehensive Plan recommends use of this parcel for prime agricultural land at a density no greater than one dwelling unit per acre. The parcels contain 180.1 acres. PRINCESS ANNE BOROUGH. A N D, ORDINANCE UPON APPLICATION OF LAKE RIDGE ASSOCIATES FOR CONDITIONAL ZONING CLASSIFICATION FROM AG-1 TO P-1 Ordinance upon application of Lake Ridge Associates for a Conditional Zoning Classlflcation from AG-1 Agricultural District to P-1 Preservation District on certain property located 1200 feet west of Landstown Road beginnlng at a point 3000 feet more or less southwest of the Intersection of Princess Anne Road and Landstown Road. The proposed zonlng classification change Is for preservation of open areas. The Comprehensive Plan recommends use of this parcel for prime agrlcultural land at a denslty no greater than one dwelling unit per acre. The parcel contalns 117 acres. PRINCESS ANNE BOROUGH. A N D, ORDINANCE UPON APPLICATION OF LAKE RIDGE ASSOCIATES FOR A CONDITIONAL ZONING CLASSIFICATION FROM AG-2 TO B-2 Ordinance upon application of Lake Ridge Associates for a Conditional Zoning Classiflcatlon from AG-2 Agricultural District to B-2 Community Buslness District on the southwest side of Princess Anne Road, 4460 feet more or less southeast of the intersection with Landstown Road. The proposed zoning classification change Is for commerical land use. The Comprehenslve Plan recommends use of this parcel for prime agricultural land at a density no greater than one dwelltng unlt per acre. The parcel contains 18.5 acres. PRINCESS ANNE BOROUGH. - 37 - Item I-L.l.f. PUBLIC HEARING ITEM # 34239 (Continued) PLANNING ORDINANCE UPON APPLICATION OF LAKE RIDGE ASSOCIATES FOR A CONDITIONAL ZONING CLASSIFICATION FROM AG-2 TO 0-2 Ordinance upon application of Lake Ridge Associates for a Conditional Zoning Classification from AG-2 Agrlcultural District to 0-2 Office District on certaln property located 1200 feet more or less southwest of the Intersection of Landstown Road and Princess Anne Road. The proposed zoning classification change Is for office land use. The Comprehensive Plan recommends use of this parcel for prime agricultural land at a denslty no greater than one dwelilng unit per acre. The parcel contains 3.3 acres. PRINCESS ANNE BOROUGH. ORDINANCE UPON APPLICATION OF LAKE RIDGE ASSOCIATES FOR A CONDITIONAL ZONING CLASSIFICATION FROM AG-2 TO 0-2 Ordinance upon application of Lake Ridge Associates for a Conditional Zoning Classiflcation from AG-2 Agricultural District to 0-2 Office District on certain property located on the east and west sides of Landstown Road, south of the infersection with Princess Anne Road. The proposed zonlng classiticaflon change Is for office land use. The Comprehensive Plan recommends use of this parcel for prlme agricultural land at a denslty no greater than one dwelling unit per acre. The parcels contain 143.2 acres. PRINCESS ANNE BOROUGH. A N D, ORDINANCE UPON APPLICATION OF LAKE RIDGE ASSOCIATES FOR A CONDITIONAL ZONING CLASSIFICATION FROM AG-2 TO 0-2 Ordinance upon application of Lake Ridge Assoclates for a Conditional Zonlng Classification from AG-2 Agricultural District to 0-2 Office District on the southwest side of Princess Anne Road, 9100 feet more or less southeast of Landstown Road. The proposed zontng classification change is for offlce land use. The Comprehenslve Plan recommends use of this parcel for prime agrlcultural land at a density no greater than one dwelling unit per acre. The parcel contains 17 acres. PRINCESS ANNE BOROUGH. A N D, - 38 - Item I-L.I.f. PUBLIC HEARING ITEM # 34239 (Continued) PLANNING ORDINANCE UPON APPLICATION OF LAKE RIDGE ASSOCIATES FOR A CONDITIONAL ZONING CLASSIFICATION FROM AG-2 TO P-1 Ordinance upon application of Lake Ridge Associates for a Conditional Zoning Classification from AG-2 Agricultural District to P-1 Preservation District on certain property located on the east and west sides of Landstown Road, 7200 feet more or less east of Salem Road. The proposed zoning classification change is for preservation of open areas. The Comprehensive Plan recommends use of this parcel for prime agricultural land at a density no greater than one dwelling unit per acre. The parcels contain 20.1 acres. PRINCESS ANNE BOROUGH. A N D, ORDINANCE UPON APPLICATION OF LAKE RIDGE ASSOCIATES FOR A CONDITIONAL ZONIGG CLASSIFICATION FROM R-5D TO 0-2 Ordinance upon application of Lake Ridge Associates for a Conditional Zoning Classification from R-5D Residential Duplex District to 0-2 Office District on certain property located 1250 feet more or less southwest of the intersection of Princess Anne Road and Landstown Road. The proposed zoning classification change is for office land use. The Comprehensive Plan recommends use of this parcel for prime agricultural lands at a density no greater than one dwelling unit per acre. The parcel contains 8.5 acres. PRINCESS ANNE BOROUGH. Voting: 9-1 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Paul J. Lanteigne, Reba S. McClanan, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: Mayor Meyera E. Oberndorf Council Members Abstaining: Louis R. Jones Council Members Absent: None "Councilman Joiies DISCLOSED pursuant to Section 2.1-639.14(E) of the Code of Virginia, ownership of land with a value in excess of $10,000, on the southeast corner of Princess Anne Road and Landstown Road, south of the GREEN LINE. Although the City Attorney had advised he is not required to disclose this interest, as it does not meet the criteria of a personal interest in the transaction under the Conflict of Interests Act, Councilman Jones wished to disclose this interest and ABSTAIN on the Ordinances of Lake Ridge Associates. Councilman Jones' letter of December 18, 1990, is hereby made a part of the record. - 39 - Item I-N.I. NEW BUSINESS ITEM # 34240 The following registered In SUPPORT: Attorney L. B. Cox, 1518 Atlantic Avenue, Phone: 425-8565 Nancy Leffler, 1109 Little Neck Road, the applicant, reprsented herself The followlng registered In OPPOSITION: Joy Lyle, 305-48th Street, Phone: 428-7325 Robert L. Stein, 226 66th Street, Phone: 428-8970 Upon motion by Councilman Brazier, seconded by Councilman Baum, City Council APPROVED: Administrative appeal to City Counci I of Mr. and Mrs. Charles D. Leffler that their address remain 111109 Little Neck Road". A private lane with only four lots for lngress and egress over the Leffler property shall be named "Hebden Lane", contingent upon no other street bearlng that name. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McC]anan, Mayor Meyera E. Oberndorf, Nancy K. Parker and Willlam D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None 40 I YNN@001)@ fl,- 4 o, R@40-.- "R 40 R@40 R. I SUBE4,V Rz@2@ 20@ A@ R- - 40 - Item I-N.2. NEW BUSINESS ITEM # 34241 ADD-ON Councilman Baum referenced the Annual Forestry Association poster contest. The two top winners out of 40,000 contestents are students from the City's VOTEC school. Councilman Baum expressed pride and requested the First and Second Place Winners be recognized at the beginning of a Formal City Council Session. - 41 - Item I-N.3. NEW BUSINESS TTEM # 34242 ADD-ON Councilwoman Parker referenced the following achievements: BAYSIDE HIGH SCHOOL BASKETBALL STATE CHAMPIONS FIRST COLONIAL HIGH SCHOOL F'ORENSIC CHAMPIONS Mayor Oberndorf advised these Schools would be recognized during the IN RECOGNITION Municipal Cable Program - 42 - Item I-N.4. NEW BUSINESS ITEM # 34243 ADD-ON Mayor Oberndorf requested recognition of the three PRISONERS OF WAR just returned from Desert Storm during the City Council Session of April 2, 1991: Lt. Lawrence R. Slade, USN Lt. Robert Wetzel, USNR Lt. Jeffrey N. Zaun, USN - 43 - Item I-N.5. NEW BUSINESS ITEM # 34244 ADD-ON Councilman Baum referenced correspondence to the President of the Blackwater Civlc League relative Motorist's litter deposited on private land. The City advised In accordance with Section 31-10 and 31-12 of the Virginia Beach Code, their only recourse was to hold landowers responsible for maintaining their property in a clean and litter-free manner. This Is an on-going problem In rural areas. Councilman Baum requested the City Manager review this matter for possible solutions. - 44 - I tem I -N. 6. NEW BUSINESS ITEM # 34245 ADD-ON Upon motion by Councl iman Heischober, seconded by Counci Iman Brazier, City Council voted to hear: Resolution to conditional ly support an access from Princess Anne Road, Phase Ill, to City-owned property at Princess Anne and Landstown Roads. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, 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: None - 45 - I tem I -N. 7. NEW BUSINESS ITEM # 34246 ADD-ON Upon motlon by Counci lwoman McCianan, seconded by Counci Iman Brazier, City Council ADOPTED: Resolution to conditional ly support an access from Princess Anne Road, Phase lit, to City-owned property at Princess Anne and Landstown Roads. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, 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: None 1 A RESOLUTION TO CONDITIONALLY 2 SUPPORT AN ACCESS POINT FROM 3 PRINCESS ANNE ROAD PHASE III TO 4 PROVIDE ACCESS TO CITY-OWNED 5 PROPERTY LOCATED AT THE INTERSECTION 6 OF PRINCESS ANNE AND LANDSTOWN ROADS 7 8 9 WHEREAS, the City owns approximately ninety (90) acres 10 of property adjacent to Tidewater Community College at the 11 intersection of Princess Anne and Landstown Roads; 12 WHEREAS, the Department of Economic Development is 13 currently working with the General Services Administration (GSA) 14 to assist them in finding a location for their SEABAT facility; 15 WHEREAS, the SEABAT facility will consist of 16 approximately 300,000 square feet of office, laboratory and 17 warehouse space, will employ approximately 950 people, and will 18 require approximately thirty (30) acres of property; 19 WHEREAS, the City-owned property adjacent to Tidewater 20 Community College has been identified as a potentially ideal 21 location for the SEABAT facility; 22 WHEREAS, in order to enhance vehicular access to, and 23 internal vehicular circulation within, the City-owned site, an 24 access point to Princess Anne Road would be desirable; 25 WHEREAS, City Council has designated Princess Anne Road 26 Phase III as a controlled access roadway, and all proposed access 27 points must be formally approved by the Council; 28 WHEREAS, City Council's support of an access point from 29 Princess Anne Road Phase III to provide access to the site would 30 enhance the Department of Economic Development' s ability to market 31 the site for the SEABAT facility thereby enhancing employment 32 opportunities within the City, and increasing the City's tax base; 33 WHEREAS, such support would be conditioned upon final 34 acceptance by GSA of the site for the SEABAT facility; and 35 WHEREAS, this matter would be brought back before the 36 Council for formal action on the access point from Princess Anne 37 Road Phase III after GSA's final acceptance of the site, and would 38 be accompanied by a rezoning request for the property. 39 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE 40 CITY OF VIRGINIA BEACH: 41 That City Council hereby supports the provision of an 42 access point from Princess Anne Road Phase III to provide access 43 to City-owned property adjacent to Tidewater Community College 44 conditioned upon the General Services Administration's formal 45 acceptance of the property as the site for location of its SEABAT 46 facility; and 47 That the City Manager is hereby directed to bring this 48 matter back before the council for formal support of the proposed 49 access point after final acceptance by GSA of the property as the 50 site for location of its SEABAT facility. 51 Adopted by the Council of the City of Virginia Beach 52 this 26 day of March 1991. 53 54 Noncode\Seabat.Res 55 R-2 2 I - 46 - Item I-N.8. NEW BUSINESS ITEM # 34247 ADD-ON Mayor Oberndorf referenced correspondence from various churches relative the homeless. Mayor Oberndorf, Hector A. Rivera, Assistant City Manager for Human Servics, and Maryann 1. Ustick, Director of the Department of Housing/Neighborhood Preservation compiled the SUM14ARY of EXISTING AND PLANNED SERVICES FOR THE HOMELESS IN VIRGINIA BEACH. Mayor Oberndorf requested the City Council review this Summary. There Is n Interim Task Force on Shelter and Services appointed by the City Manager's Office to advise the City on issues regarding the homeless. At Its meeting of March 19, 1990, the Task Force Identified three prlorities for action and appointed committees to address these: Development of Quality Standards for Shelter providers Shelter for Individuals durlng the winter months Replacement of existing shelter for families on Kemspville Road. As one of the first steps to be taken, City agencies which contract for services to the homeless will Incorporate and requlre adherence to the quality standards for shelter providers to be recommended by the task force. The City will also request the State to adopt the same requirements. The Servlces for Homeless Individuals, Services for Familes and Homeless Prevention/intevention are also contained In this Summary. - 47 - Item 1-0.1. ADJOURNMENT ITEM # 34248 Upon motion by Councilman Baum, and BY CONSENSUS, City Council ADJOURNED the Meeting at 10:22 P.M. .Bever@ 0. H@ks Chief Deputy City Clerk @th Hodge!r Smith, CMC City Clerk City of Virginia Beach Virginia