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FEBRUARY 27, 1996 MINUTES
"WORLD'S LARGEST RESORT CITY" CITY COUNCIL CITY COUNCIL AGENDA FEBRUARY 27, 1996 I. CITY MANAGER'S BRIEFINGS Conference Room - 3:00 PM REAL ESTATE ASSESSMENTS 1996-1997 Jerald D. Banagan, Real Estate Assessor Bo UNATTENDED CHILDREN IN PUBLIC BUILDINGS - POLICY John D. Stewart, Assistant Director Virginia Beach Public Libraries II. AGENDA REVIEW SESSION A. REVIEW OF AGENDA ITEMS B. CITY COUNCIL CONCERNS III. INFORMAL SESSION - Conference Room - 5:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO EXECUTIVE SESSION IV. FOltMAL SESSION - Council Ch=mher - 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: The Reverend Klm Sydnar Bow Creek Presbyterian Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF EXECUTIVE SESSION F. MINUTES INFORMAL & FORMAL SESSIONS SPECIAL FORMAL SESSION February 13, 1996 February 20, 1996 G. ADOPT AGENDA FOR FORMAL SESSION H. CONSENT AGENDA The Consent ~4genda will be determined during the Agenda Review Session and considered in the ordinary course of business by City Council to be enacted by one motion. I. PUBLIC HEARING 1. BOARD OF ZONING APPEALS VARIANCES - FEE INCREASE J. ORDINANCES Ordinance to AMEND and REORDAIN Appendix A, Section 106(c) of the Code of the City of Virginia Beach re fee applications for appeals and variances before the Board of Zoning Appeals. Ordinance to authorize acquisition of two parcels of property in the City of Virginia Beach from the City of Norfolk: 90 x 100-foot lot beside the pump station on Laskin Road near the intersection of Great Neck Road b. Pump station on Virginia Beach Boulevard at the intersection with First Street; and, Authorize the City Manager to execute an Agreement and other necessary documents. Ordinanoe to establish the A~ri~ultural Reserve Program (~P) Special Revenue Fund; authorize the City Manager to maks adjustments accordingly to the appropriations and revenues of the Fiscal Year 1995-1996 Operating Budget; establish one full-time position to implement the Program; and, establish a one and one-half cents real estate tax, effective i July 1996. Authorize cash payment in lieu of park dedication, as consistent w~th the 21 February 1995 City Council approved Policy for Cash payments in Lieu of open space dedications of leas than one acre: a. Hick~an Farms Subdivision b. Johnathan's Cove Subdivision Authorize the City Manager to change the name of a certain segment of road known as "North Landstown Road" to "Da~ Neck Road". Ordinance to authorize license refunds in the amount of $2,594.78. Ordinance to authorize special tax refunds in the amount of $1,123.47. K. PUBLIC HEARING - PLANNING 7:00 PM PLANNING BY CONSENT To b~ determined during the Agenda Review Session. Applications of DEVELOPMENT OPTIONS, INC. at Lynnhaven Parkway (KEMPSVILLE BOROUGH): RECONSIDERATION and Modification of Proffers placed on the 11 July 1995 approved Qhange of zoning District ~l~ from I-1 Industrial District and R-5D Residential DuPlex District to Conditional B-2 Community Business District at the Northwest corner of Lynnhaven Parkway and Princess Anne Road. Change of Zoning District Classification from R-5D Residential Duplex District to Conditional B-2 Community Business District on the East side of Salem Road, beginning at a point 1350 feet more or less North of Lynnhaven Parkway, containing 23,500 square feet. Recommendation: APPROVAL Application of B J's WHOLESALE CLUB for a ~ ~ for the relocation of an existing automobile service /_~ on the North side of Virginia Beach Boulevard, West of Rosemont Road (3712 Virginia Beach Boulevard), containing 10.028 acres (LYNNHAVEN BOROUGH). Recommendation: APPROVAL Applications of P.C.S. PRIMECO, L.P. for ~ Permit for a 150-foot communications tower on the East side of Newtown Road, South of Lake Edward Drive (500 Newtown Road), containing 8.169 acres (BAYSIDE BOROUGH). Recommendation: APPROVAL Application of ROBERT M. and JOAN G. HELM for a ~ ~ for a private s~hool and ~h~ld care cen~ at the Northeast corner of North Little Neck Road and Edinburgh Drive, containing 1.003 acres (LYNNHAVEN BOROUGH). Recommendation: APPROVAL Application of VIRGINIA BEACH DEVELOPMENT AUTHORITY for a Modification of Conditiom~ attached to the ~ (13 June 1988, 14 August 1989, 9 November 1993 and 12 November 1994 at Corporate Landing, on the South side of Dam Neck Road, West of General Booth Boulevard, containing 337 acres (PRINCESS ANNE BOROUGH). Recommendation: NO ACTION REQUIRED 0 Application of TARGET for a Conditional Change of Zoning District Classificatio~ from R-5D Residential Duplex District to Conditional B-2 Community Business Distri~. at the Southeast corner of Princess Anne Road and Lynnhaven Parkway, containing 19 acres (KEMPSVILLE BOROUGH). Recommendation: DENIAL Application of DORIS VELMAWHITE-HARRIS for District Classificatio~ from A-12 Apartment District to Residential District on the South side of Old Virginia Beach Road, West of South Birdneck Road (1171 Old Virginia Beach Road), containing 13,068 (LYNNRAVEN BOROUGH) Recommendation: APPROVAL L. APPOINTMENTS FRANCIS LAND HOUSE BOARD OF SUPERVISORS PERSONNEL BOARD THE PLANNING COUNCIL VIRGINIA BEACH CRIME TASK FORCE VIRGINIA BEACH HEALTH SERVICES ADVISORY BOARD YOUTH SERVICES COORDINATING COUNCIL BOARD OF ZONING APPEALS (confirmation) M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT FY 96-97 OPERATTNG BUDGET & CAPTTAL TMPROVEMENT PROGRAM SCHEDULE If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: TDD only 427-4305 (TDD - Telephonic Device for the Deaf) 02/22/96CMD AGENDA\02-27-96.PLN MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia February 27, 1996 Mayor Meyera E. Oberndorf called to order the CITY MANAGEIUS BRIEFINGS of the VIRGINIA BE~CH CITY COUNCIL in the Council Conference Room, City Hall Building, on Tuesday, January 23, 1996, at 3:00 P.M. Council Members Present: John A. Baton, Robert lC Dear Harold Heischober, Barbara M. Henley, Louis 1~ Jones, Mayor Meyera E. Obernclorf, Nancy IC Parker and ~ce Mayor William D. Sessoms, Jr. Council Members Absent: Linwood O. Branch, III William W. Harrison, Jr. Louisa M. Strayhorn [ENTERED: 3:13 P.M.] [ENTERED: 4:35 P.M.] [ENTERED: 3.'35 P.M.] -2- CITY MANAGER'S BRIEFING REAL ESTATE ASSESSMENTS - 1996 - 1997 3:00 P.M. ITEM # 40416 JerMat D. Btmagan, Real Estate Assessor, advised on Thursday, February 29, 1996, the Assessor's Office will mail No~a of ,,lsa~ssan~nt for the Fiscal Year 1997. Only those property owners whose assessment changed will receive an assessment notice. Approximately 9% of all properties will receive a deerease in assessment and approximately 58% will receive an increase. The projected 1997 asstsst~nt of $18,096,000,000 represents a 3.4% increase over the current assessment. Each penny of the tax rate relates to $1,810,000 in revenue for a total of $214,977,000 at th* eurrent rat, of $1.188. The 3.4% increase is the highest increase in the base since Fiscal Year 1996. $1~h~nti~ altWtrtn~nt, ~nd agriculture prol~r~ies comprise 81.7% of the tax base with commercial and h~lus~r~tl l~rOl~r~s constituting 18.3% of the tax base. The percentage of the tax base for residential properties increased .03% from the current year. FY 1997 ASSESSMENTS AS OF JANU.4~RY 1996 ~orougk Total As.~essment Change i~ay~hle $ 3,099,519,888 Increase 2.9% ~ne, kw~r 42,247,412 Increase 5.1% i~,iil, 5,212,402,751 Increase 3.3% Lynni~ven 5,844,319,576 Increase 3.6% Princts~ Anne 2,565,233,624 Increase 7.1% l~ngo 218,123,913 Increase 5.11% ~irginia Beach 974,860,540 Increase 0.6% TOTAL $17,956,707,704 Increase 3.7% *Assessments reflect tas~ble land use values as opposed to fair market values on qualifying farms. Values reflect current FY 1996 Use Values. Percent of Change in Assessments (Excluding Growth) Overall Mean Change Overall Median Change l[~id~nthil 2.12% Residential 1.35% Apartmtnt 4.08% Apanrnent 0 % Contmtrical/Industrlal 1.91% Commerical/lndustrial 0 % The average house built in 1995 was $163,000. The mean assessment of houses built in the 1990's increased over $6,000 - from $138,900 to $145,200. The percent of tax base which is residential is 81.7%, which has increased slightly from 81.4%. There has been a decline in the percent of property that is commercial since 1990. New construction for the past year amounted to $220-MILLION, which is a decrease of 5.9% from the previous year. Commercial new construction was 15% of the total at $33-MILLION, an increase from last year's figure of $26-MILLION. 1600 houses were built this year. While only 1800 houses were built the last two years. February 27, 1996 -3- CITY MANAGER'S BRIEFING REAL ESTATE ASSESSMENTS - 1996 - 1997 ITEM # 40416 (Continued) This year, for the first time in a number of years, appreciation was actually greater than growth. At~reeiotion was 1.9% as opposed to growth of 1.5%. GROWTli AND APPRECIATION/DEPi~ECIATION Fiscal Year 1996 to 1997 (projected) Growth $ 261, 722,307 1.5% Appreciation 323.535. 767 1.9% Assessment Increase $ 585,258,074 3.4% Fiscal Year 1995 to 1996 Growth $309,26L185 1.8% Appreciation 236,628.854 1.4% Assessment Increase $545,890,039 3.2% Fiscal Year 1995 to 1996 Growth $246,114,224 1.5% Appreciation ~ 0.1% Assessment Increase $265,396,445 1.6% Fiscal Year 1995 to 1996 Growth $215,584,543 1.3% Appreciation - 30.126425 -0.2% Assessment Increase $185,428,118 1.1% Forty-seven (47) homes were built in the southern rural area. Both Pungo and Biackwater experienced approximately a 5% increase in assessment. Relative the Land Use T"'~"tlnn, the proposed values for agriculture increased $20 an acre from $600 to $620. laind Use Value for forest increased from $375 to $430. The State's formula is based on net returns per acre. The net returns per acre changed slightly. The State had a drop in their capitalization rate. This is primarily the reason the values have increased. Information relative the Senior Citizen and Disabled Persons Exemption program was also distributed to City Council. The number of recipients increased from 1645 to 1742, and the amount attributable to the program increased from $1,200,000 to $1,373,000. This program has been stable. The average would be approximately $900 per family. The perimeters of the program set Net Worth at $70,000, excluding the home and ap to one acre of land. Assets can be $22,000. Disabled individuals receive a $7,500 exclusion and under the Personal Property program, all recipients receive a $7,500 exclusion. A report relative the number of disabled and senior citizens rejected in the exemption program, the number of recipients and the monctary impact on the general population will be provided City Council. Demographics relative the proportion of citizens over 60 in the census figures shall also be provided. The City Staff shall develop a methodology of tracla'ng the amount of funds expended on the beach, front enkaneen~nts to determine the value of the investments as to its' return on the dollar. February 2Z 1996 -4- CITY MANAGER fS BRIEFING UNATTENDED CHILDREN IN PUBLIC BUILDINGS - POLICY 3:30 P.M. ITEM # 4O417 John D. Stewarg ~4~sistant Director - Hrginia Beach Public Libraries, advised City staff at community recreation centers and public libraries regularly encounter situations in which children are left by their parents unattended for extended periods of time, both during and after the hours of normal operation. The proposed Adminit~e Dir~eth, e sets forth procedures to guide staff members when responding to sitaations involving such unattended chiMren. The number of instances over a period of a year are relatively small and may entail 200 to 300 occurrences. The Team discovered between Parks and Recreation and Libraries, there was no standard way of dealing with this issue. Mr. Stewart distributed copies of the Administrative Directive package which is hereby made apart of the record. Mr. Stewart introduced the Team: Susan Walston Director of Parks and Recreation - Leader Marcy Sims Director of Libraries - Leader Thelma Miller-Reesman Social Services Peyton Campbell Parks and Recreation Alice Strfffler Parks and Recreation Robert McRae Parks and Recreation Lieutenant Sandi Baum Police Department Robin Grace Kempsville Library Larry Spencer Assistant City Attorney Mary Gentry Management and Budget Nancy Levitt City of Norfolk An "un.tended ckild~ is defined as any child below the age of 18 whose safety and well-being are threatened by being left unattended for an inappropriate length of time considering the child's age, maturity and level of development. Mr. Stewart outlined the POLICY OBJECTIVES: To assure the safety and welfare of unattended children. To develop communication among staff, parents and children. To facilitate cooperation and communication among City agencies, including the Police Department and Social Services, having restlonsibilitles concerning unattended, neglected or abandoned children. To conserve staff personnel resources To deter the use of lmblic libraries and recreation centers as ad hoc child care facilities. February 2Z 1996 -5- CITY MANAGERIS BRIEFING UNATTENDED CHILDREN IN PUBLIC BUILDINGS - POLICY ITEM # 40417 (Continued) The Department of Public Libraries and DeparOnent of Parks and Recreation will conduct an ongoing tntblic education program to inform parents of the need for appropriate preparation and/or supervision of children who utilize the libraries and recreation facilities. The public information program will include: Coorditu~on with the Public Information Office to promulgate Directive and its need through video announcements and press releases. Phtcem~nt of signs near each facility entrance, worded as follows: Parents and Guardians are advised that (Library) (Recreation Facility) staff members cannot control or be accountable for individual children who are left unattended on the premises. It is therefore the parent's or guardian's responsibility to ensure either that each child is accompanied by at least one person of appropriate age and maturity level to provide for the child's safety, or that each child is able and prepared to be in the library alone. Distribution of informative "checklists" and brochures regarding the unattended children Directive. Alerting parents about this Directive on application forms when children are enrolled for library cards or for recreation programs. D~hsying po~ers with public safety messages related to unattended children and child safety in general. The public infortnation program will be made effective by a staff training effort. This training will help staff understand the values and procedures that guide work with unattended children, prepare them for conversations with parents about the program, and prepare them to successfully gauge the needs of individual children and tend to those needs in the absence of their parent(s). The Human Resources Department will establish an ongoing child development training session in the annual training plan. It is desirable that the City recover its costs for implementing those after hours-policy. Additionally, an after-hours fee will encourage parents not to use the libraries and recreation centers for free child care, There will be no monetary charge the first time a child is left unattended, after the normal operating hours of a facility. This occasion will be used as an opportunity to educate the parents regarding the operating hours of the facility, the policy on unattended children and the rate to be charged for future occurrences. Information on possible places to secure day care and other educational material couM be presented at this time if available. Ifa parent arrives within the first fifteen minutes after closing, there will be no charge. The parent will be informed of the closing time, and asked to arrive prior to closing in the future. Aftsr the f'wst ovcurrence, a parent will be charged the average staff rate for time spent waiting with the child. Currently, this is $7.00 for every f~fteen minutes or any portion thereof. Third or subsequent occurrences may be grounds to revoke the privileges of the child to use the facility. This decision will be based on the circumstances involved and will be done to protect the safety of the child. February 27, 1996 -6- CITY MANAGER'S BRIEFING UNATTENDED CHILDREN IN PUBLIC BUILDINGS - POLICY ITEM tl # 40417 (Continued) Pr~nt the bill to the parent at the time the child is picked up. A check made out to the City Treasurer is acceptable in lieu of cash. If the parent cannot pay at that time, include an envelope addressed to the facility where the incident occurred. Verify the name an address of the parent. Pro~,ide td~cational information at this time. February 27, 1996 -7- AGENDA REVIEW SESSION 4:00 P.M. ITEM # # 40418 Councilman Dean expressed concern relative the 43% increase in the fee: J. 1. Ordinance to AMEND and REORD~IIN Appendix A, Section 106(c) of the Code of the City of V~rginia Beach re fee ~ for appeals and variances before the Board of Assistant City Attorney Vanessa Valldejuli advised this cost encompassed not only the notification by cert~ed mail of pending BZA Variances to adjacent property owners, but the cost of the agenda write ups~ mailing agendas, minutes and posting of pictures and site plans. Mrs. l/alldejuli will provide a copy of this cost breakdown to Councilman Dean. ITEM # # 40419 The City Clerk advised a typographical error, the one and one-half cents real estate tax was effective 1 July 1995, NOT 1 July 1996. J. 3. Ordinance to establish the Agricultural Reserve Program (ARP) Sl~cial Revenue Fund; authorize the City Manager to make adjustments accordingly to the appropriations and revenues of the Fiscal Year 1995-1996 Operating Budget; establish one full-time position to implement the Program; an& establish a one and one-half cents real estate tax, ~ff~:~,~ I Jm~y-ta)96 1 July 1995. This item will be discussed during the Formal Session to respond to concerns of Council Members Dean and Parker. ITEM # # 40420 Councilman Dean inquired relative the formula. J. 4. Authorize cash payment in lieu of park dedication, as consistent with the 21 February 1995 City Council approved Policy for Cash payments in Lieu of open space dedications of less than one acre: a. Hickman Farms Subdivision b. Johnathan's Cove Subdivision Susan Walston, Director of Parks and Recreation, advised each time the Subdivision Ordinance goes through Planning, the Planning Department distinguishes what would be the reservation requirement for open space and based on their determination, the Parks and Recreation staff work through the capitulation to determine a cash in lieu of payment rather than establish that reservation. February 27, 1996 -8- AGENDA REVIEW SESSION 4:00 P.M. ITEM # # 40421 lfzce Mayor Sessoms advised the following item would be discussed during Formal Session: J. 5. Authorize the City Manager to change the name of a certain segment of road known as "North Landstown Road" to "Dam Neck Road ~. Council Lady Parker inquired as to the number of residents affected by this name change. ITEM # # 40422 BY CONSENSUS of City Council, the following items shall compose the CONSENT AGENDA: ORDINANCES Ordinance to ,41~END and REORDAIN Appendix A, Section 106(c) of the Code of the City of Virginia Beach re fee aplMieations for appeals and variances before the Board of Zoning Appeals. J. 2. Ordinance to authorize aequisition of two parcels of property in the City of Virginia Beach from the City of Norfolk: a. 90 x lO0-foot lot beside the pump station on Laskin Road near the intersection of Great Neck Road b. Pump station on Virginia Beach Boulevard at the intersection with First Street; and, Authorize the City Manager to execute an Agreement and other necessary documents. J. 4 Authorize cash payment in lieu of park dedication, as consistent with the 21 February 1995 City Council approved Policy for Cash payments in Lieu of open space dedications of less than one acre: a. Hickman Farms Subdivision b. Johnathan's Cove Subdivision J. 6 J. 7 Ordinance to authorize license refunds in the amount of $2,s 4. ?s. Ordinance to authorize special tax refunds' in the amount of $1,123.47. February 27, 1996 9 AGENDA REVIEW SESSION ITEM # 4O423 BY CONSENSUS, the following shall compose the PLANNING BY CONSENT AGENDA; IC3 Applications of P.C.$. PRIMF, CO, L.P. for ~2flditgi~o~_U~ Pen~t for a ]50-foot communications tower tm the East side of Newtown Road, South of Lake Edward Drive (500 Newtown Road), containing 8.169 acres (BAYSIDE BOROUGH). Application of VIRGINIA BEACH DEVELOPMENT AUTHORITY for a Modification of Conditions attached to the ~ (13 June 1988, 14 August 1989, 9 November 1993 and 12 November 1994) at Corporate Landing, on the South side of Dam Neck Road, West of General Booth Boulevard, containing 337 acres (PRINCESS ANNE BOROUGH). Application of DORIS VELMA WHITE-HARRIS for a CIuane_e of Zoning District Classification from ~ Dis~ct to - ' ' ' ' on the South side of Old Virginia Beach Road, West of South Birdneck Road (1171 Old Iftrginia Beach Road), containing 13,068 (LYNNtL4VEN BOROUGH) ITEM # 40424 Councilman Dean requested the Status Report of the Virginia Beach 1996 Legislative Issues to be discussed under UNFINISHED BUSINESS. February 27, 1996 - 10 - CITY COUNCIL CONCERNS 4:13 P.M. ITEM # 40425 Mayor Oberndorf advised the JOINT RETREAT of the City Council and the Planning Commission for March First to discuss the Co~rehensive Plan has been CANCELED. Information will be provided relative the grandfathered parcels in the rural ar~as. A specific agenda will be developed through Lyle Sumek conferring with each Council Member and Planning Commission member individually. ]Chis agenda will be developed by the Mayor, City Manager, Chairman of the Planning Commission and Lyle Sumel~ BY CONSENSUS, City Council SCHEDULED the JOINT RETREAT for Saturday, March 23, 1996, at the Pavilion from 8:30 A.M. to 4:30 P.M. The facilitator, Lyle Sumek, will be in attendance. ITEM # 40426 Council Lady Henley referenced the memorandum from the GOLF DESTINATION STUDY. This study was to objectively examine the advantages and disadvantages of developing Virginia Beach as a Golf Destination. Council Lady Henley advised concerns relative the data in the presentation, which was misstated particularly for the southern part of the City. The City Manager advised he also had some reservations relative some of the statements and requested all concerns be forwarded to him so the Golf Committee can review and address same. Councilman Baum commented the Agriculture Reserve Program was ignored completely. Council Lady Henley advised portions of the report were irresponsible. The GOLF DESTINATION STUDY will be SCHEDULED for further discussion and clarification during the City Council Session of March 5, 1996~ ITEM # 40427 Council Lady Henley referenced the Resolution reaffirming the City Council's support for the Southeastern Ptuqtw~y ~nd Gratnbtlt; requesting the Commonwealth Transportation Board select a preferred alternative; and~ mttl~orizi~g final environmental s~udies (ADOPTED: November 14, 1995), and the memorandum of the City Manager relative the Southeastern Expressway. On November 14, 1995, the following verbiage was added, after the following paragraph "That City Council request~ the Virginia Department of Transportation forward this project to the Commonwealth Transportation Board for selection of a preferred alternative and authorization to proceed with final environmental studies;" BE IT FURTHER RESOLVED: "That upon approval by the Virginia Department of Transportation, the City looks forward to an active role in the design and execution of this Parkway with our own design consultants;" During the adoption, Council Lady Henley had advised she was not ready to move ahead and build the Southeastern Expressway without more discussion. February 27, 1996 - 11 - CITY COUNCIL CONCERNS ITEM # 40427 (Continued) Council Lady Henley was not sure all the lane miles that are on the Master Street and Highway Plan for this particular corridor are necessary. ~ City Manager advised his memorandum was referring specifically to the desire of getting someone worhing for the City rather than VDOT, who would be an Environmtntal D~sign S~ciall~t. The spec~llst would coordinate with the staff in an effort to complete the Environmental Imlnu:t St~ttment and do preliminary design work as a precedent necessary to commence acquiring right-of-way. This was not to begin the detailed construction design of any facility. This was to assure the City would have a design and a cross section that represents a parkway rather than a freeway. VDOT is very receptive to this idea. The City Manager further advised the Study indicated the Southeastern Expressway was to be four-lanes with HOI'~copacity, which would be a total of 6-lanes. Council Lady Henley was not certain secondary impacts had been addressed, and she did not want to see this Expressway "drive development". The City Manager advised this issue of secondary impacts would be finalized with the Environmental lmps~t Stt~mtnt. Councilman Baton was concerned relative the lack of regionalism with reference to the Southeastern Expressway. Councilman Dean referenced the Hampton Roads Planning District Commission Study relative traffic impact, which he will fax to all members of City Council. The City Manager advised the Master Street and Highway Plan is in the process of being revised. The ARP decision has a major impact on the southern portion of the City. The Lake Ridge decision also reflects a major impact. The City Manager advised the Resolution was ADOPTED to specify the selection of a preferred alt~rnativ# ami autliorization to proceed with final environmental studies. Design and funding issues will be discussed later. Council Lady Strayhorn commented the corridor chosen runs through Lake Ridge. Council Lady Strayhorn's concern was the area be appropriately planned. Council Lady Strayhorn requested the location of the corridor be conveyed to the public, advising the distances from the adjacent neighborhoods. Council Lady Henley stated this was an important issue in planning this area and the City must preserve this corridor for future options and not build within it. Councilman Dean expressed concern relative the methodology of funding this Expressway. There are many proposed subdivisions i.e, Taylor property, which are scheduled to come before City Council which will effect this alignment. The City Manager advised it would involve approximately a year to complete the ElS. As per City Council's direction, the City staff is proceeding with a financing plan, advising the Southeastern Expressway will not be a toil facility. Under the Commonwealth Transportation Board, the City is eligible for reimbursement, if the City acquires advance right-of-way. Councilman Jones said the City Council must decide whether they are really going to build the Southeastern Expressway before they begin purchasing right-of-ways and tying up City funding. February 27, 1996 - 12 - CITY COUNCIL CONCERNS ITEM # 40428 Councilman Harrison referenced a report a year ago by the City Treasurer regarding certain proposed concepts relative the tnodifi~ttion of the City decal system, which might eliminate some of the lengthy lines. The City Manager was requested to confer with the City Treasurer to study the feasibility of Mr. Atldnson's ideas and report back with recommendations within 60 days. The City Manager advised meeting with the City Treasurer yesterday, February 26, 1996. ITEM # 40429 Councilman Harrison referenced K5 Application of VIRGINIA BEACH DEVELOPMENT AUtHOrITY for a M~_~ication of Conditions attached to the ~ (13 June 1988, 14 August 1989, 9 November 1993 and 12 November 1994) at Corporate Landing, on the South side of Dam Neck Road, West of General Booth Boulevard, containing 337 acres (PRINCESS ANNE BOROUGH). Councilman Harrison expressed &'stress as the Planning Commission Members of the Corporate Landing Task Force, Judith Rosenblatt and Richard Cockrell, missed every meeting. There was a total of 6 meetings attended by the Development Authority representatives and Council Members Dean and Harrison. The Task Force had worked diligently and Councilman Harrison was extremely upset with the comments of the Planning Commission: "Although this application was advertised for the February 27th City Council meeting it was deferred indefinitely by the Planning Commission on February 14th and no action by City Council is appropriate at this time. The Planning Commission was concerned about proposed changes in the proffered design criteria and expansion of permitted uses. Considerable opposition was presented at the February 14th Planning Commission Meeting by civic leagues in the General Booth Boulevard corridor. It is the intent of the Planning Commission Chairman and the Development Authority Chairman to meet and discuss the issues and possible meetings with the civic leagues. It is the intent of the Planning Commission to place the request back on their agenda in 90 days." As some of the recommendations are not in place, the City might not be as competitive for some new manufacturing plants. To delay the modification is a mistake. Councilman Harrison advised the Task Force was unanimous on most of the recommendations. February 27, 1996 - 13 - ITEM # 40430 Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, February 27, 1996, at 5:15 P.M. Council Members Present: John .4. Baum, Linwood O. Brancl~ III, Robert 1~ Dea~ V~lliam W. Harrison, Jr., HaroM Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndoff, Nancy K, Parker, Vice Mayor WHliam D. Sessorns, Jr. and Louisa M. Strayhorn Council Members .4bsent: February 27, 1996 - 14 - ITEM # ~0431 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purpose: lsF~.~ONNEL MATTEJt$: Discussion or consideration of or interviews of prospective candidates for employment, assignmeng appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees pursuant to Section Zl-344 (A) (~). To Wit: Appointments - Boards and Commissions: Community Services Board Francis Land House Board of Governors Personnel Board The Pt~nning Councd Virginia Beach Crime Task Force Virginia Beach Health Services Advisory Board Youth Services Coordinating Council Board of Zoning Appeals (confirmation) I~Ca~&~: Consultation with legal counsel or briefings by staff metnbers, consultants, or attorneys pertaining to actual or probable litigation, or other specific legal matters requesting the provision of legal advice by counsel pursuant to Section 2.1-344(4)(7). Lake Gaston Water Supply Project Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council voted to proceed into EXECUTIVE SESSION. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis 1~ Jones, Mayor Meyera E. Oberndoff, Nancy K, Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M Strayhorn Council Members Voting Nay: None Council Members Absent: None February 27, 1996 - 15 - FORMAL SESION VIRGINIA BEACH CITY COUNCIL February 27, 1996 6:00 P~I. Mayor Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hull Building, on Tuesday, February 27, 1996, at 6:00 P.M. Council Members Present: John A. Baum, Linwood O. Branch, III, Robert lC Dean, William W. Harrison, Jr., Harold Heischober, Barbara M Henley, Louis 1~ Jones, Mayor Meyera E. Oberndorf,, Nancy IC Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Absent: None INVOCATION: The Reverend Kim Sydnar Bow Creek Presbyterian Church PLEDGE OF ,4LLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Vice Mayor Sessoms, being a Corporate Officer of Central Fidelity Bank, disclosed there were no matters on the agenda in which he has a "personal interest", as defined in the Act, either individually or in his capacity as an officer of Central Fidelity Banlc The Vice Mayor regularly makes this Disclosure as he may or may not know of the Bank's interest in any application that may come before City Council Vice Mayor Sessoms' letter of January 10, 1995, is hereby made a part of the record. February 27, 1996 - 16 - CERTIFICATION OF EXECUTIVE SESSION ITEM # 4O432 Upon motion by Pice Mayor Sessoms, seconded by Council Lady Parker, City Council CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; AND, Only such public business matters as were identified in the motion convening the Executive Session were heard, discussed or considered by Pirginia Beach City Council. Voting: 11-0 Council Members Voting Aye: John A. Baton, Linwood O. Branch, III, Robert IC Dean, William W.. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf,, Nancy IC Parker, Pice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None February 27, 1996 CERTIFICATION OF EXECUTIVE SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to thc affirmative vote recorded in ITEM # 40431 Page No. 14 and in accordance with the provisions of Thc Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the governing body that such Executive Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; and, Co) only such public business matters as were identified in the motion convening this Executive Session were heard, discussed or considered by Virginia Beach City Council. R~h Hodges ~ith, CMC/AAE City Clerk February 27, 1996 -17- I~ MINUTES ITEM tl 40453 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of February 13, 1996. Voting: 10 -0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K. Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis 1~ Jones, Mayor Meyera E. Oberndoff, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Abstaining: Nancy 1(, Parker Council Members Absent: None Council Lady Parker ~BSTA1NED, as she was not in attendance during the City Council Session of February 13, 1996. February 27, 1996 - 18 - ITEM#40434 Upon motion by Vice Mayor Sessorns, seconded by Council Lady Strayhorn, City Council APPROVED the Minutes of the SPECIAL SESSION of February 20, 1996. Voting: 9-0 Council Monbers Voting Aye: Linwood O. Branch, III, Robert I~ Dean, F~lliam W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Vice Mayor William D. Sessoms. Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Abstaining: Nancy I~ Parker Council Members Absent: John A. Baum Council Lady Parker ABSTAINED, as she was not in attendance during the City Council Session of February 20, 1996. February 27, 1996 - 19 - Item 1V-F.3. INTRODUCTION ITEM # 40435 Mayor Oberndorf RECOGNIZED the following Boy Scouts satisfying their Communications and Citizens in the Community Merit Badges: TROOP 436 Eastern Shore Chapel Talmadge Piland, Parent, accompanied the Troop. February 27, 1996 Bern IV-G.I. ADOPT AGENDA FOR FORMAL SESSION ITEM # 40436 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION The Status Report of the Virginia Beach 1996 Legislative Issues shall be discussed under UNFINISHED BUSINESS. February 27, 1996 - 21 - Item IF-L1. PUBLIC HEARING ITEM # 4O437 Mayor Meyera E. Oberndorf DECLARED A PUBLIC HEARING: BOARD OF ZONING APPEALS VARIANCES - FEE INCREASE There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING. February 27, 1996 - 22 - Item IV-J. CONSENT AGENDA ITEM # 40438 ORDINANCES Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council .4PPROVED in one motion Ordinances 1, 2 a.b., 4 a.b., 6 and 7 of the CONSENT AGENDA. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K. Dean, William W. Harrison, Jr. *, HaroM Heischober, Barbara M. Henley, Louis 1~ Jones, Mayor Meyera E. Oberndo~ Nancy K Parker, V~ce Mayor William D. Sessoms, Jr. and Louisa M. Struyhorn Council Members Voting Nay: None Council Members Absent: Councilman Harrison ABSTAINED on Item 4 b. as his firm provides legal services to the Breeden Company. February 27, 1996 lt~m IV-.L1. CONSENT AGENDA ORDINANCES ITEM # 40439 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to AMEND and REORDA1N Appendix .d, Section 106(c) of the Code of the City of Virginia Beach re fee applications for appeals and variances before the Board of Zoning Appeals. Voting: 11-0 (By ConsenO Council Members l~oting Aye: John A. Baum, Linwood O. Branch, III, Robert tL Dean, William gE Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R~ Jones, Mayor Meyera E. Oberndoff, Nancy IL Parker. Vice Mayor William D. Sessorns, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None February 27, 1996 1 2 AN ORDINANCE TO AMEND AND REORDAIN 3 APPENDIX A, SECTION 106 (c) OF THE 4 CODE OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA, PERTAINING TO THE FEE 6 APPLICATION FOR APPEALS AND 7 VARIANCES BEFORE THE BOARD OF ZONING 8 APPEALS 9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 10 BEACH, VIRGINIA: 11 That Appendix A, Section 106 (c) of the Code of the City of 12 Virginia Beach, Virginia, is hereby amended and reordained to read 13 as follows: 14 Sec. 106. Appeals and variances. 15 (a) The board of zoning appeals shall hear and decide appeals 16 from any order, requirement, decision, or determination made by an 17 administrative officer in the administration or enforcement of this 18 ordinance. In addition thereto, the board shall have such other 19 powers and duties as are set forth in Section 15. 1-495 of the Code 20 of Virginia; provided, however, that the board shall have no 21 authority to hear and decide applications for conditional use 22 permits. 23 (b) The membership, organization and procedures of the board 24 of zoning appeals shall be as set forth in Sections 15. 1-494 25 through 15. 1-497 of the Code of Virginia, as amended. In the event 26 the board denies an application for a variance, substantially the 27 same application shall not be considered by the board for a period 28 of one (1) year from the date of denial. 29 (c) Every application to the board of zoning appeals shall be 30 accompanied by a fee of one hundred fivc fifty dollars ($105.00) 31 ($150. 00) , which shall be applied to the costs of advertising and 32 expenses incidental to the processing of the application. Each 33 zoning lot upon which a variance is requested shall be the subject 34 of a separate application and a separate fee; provided, however, 35 that variances from the setback and landscaping provisions of 36 section 201 (e) (1) , pertaining to fences and walls, may be the 37 subject of a single application and fee where the following 38 conditions are met: 39 40 41 42 43 44 45 46 47 48 49 5O 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 7O 71 72 (1) The lots upon which the variance is requested are contiguous lots within a single subdivision block, as shown on the recorded plat of the subdivision in which the lots are located; (2) The fence or fences which are the subject of the variance are located wholly upon property owned by a bona fide homeowners' association created by legal instrument recorded in the office of the clerk of the circuit court, or upon which there is a recorded perpetual easement allowing such hgmeowners' association, or the members thereof, to 'construct and maintain a fence upon such property; (3) Such fence or fences are owned by the homeowners' association; and (4) The individual signing the application certifies to the zoning administrator, in writing, that he or she is vested with the authority to act on behalf of the homeowners' association in the matter and that such association has authorized, in the manner prescribed by its by-laws or other instrument, the filing of the application. (d) In regard to Article 12 and the National Flood Insurance Program, variances should only be issued for new construction and substantial improvements to be erected on a lot of one-half (1/2) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, in conformance with the procedures below: (1) Variances shall only be issued upon a showing of good and sufficient cause, a determination that failure to grant the variance would result-in exceptional hardship to the applicant, and a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 victimization of the public, or conflict with existing local laws or ordinances. (2) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. (3) The City of Virginia Beach shall notify the applicant in writing over the signature of a city official that the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurapce up to amounts as high as twenty-five dollars ($25'.00) per one hundred dollars ($100.00) of insurance coverage, and such construction below the base flood level increases risks to life and property. Such notification shall be maintained with a record of all variance actions as required in paragraph (4) below. (4) The City of Virginia Beach shall maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its annual report submitted to the administrator. 92 93 94 95 96 97 Adopted by the City Council of the city of Virginia Beach on this 27 day of February 1996. CA-6125 DATA/ORDIN/PROPOSED/45-106.ORD NOVEMBER 6, 1995 RI APPROVED AS TO CONTENT ~ianningue~rtment f APPROVED AS TO LEGAL SUFFICIENCY De~nmentof~w ~ CONSENT AGENDA ORDINANCES ITEM # 40440 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to authorize acquisition of two parcels of property in the City of Virginia Beach from the City of Norfolk: a. 90 x lO0-foot lot beside the pump station on Laskin Road near the intersection of Great Neck Road. b. Pump station on I~trginia Beach Boulevard at the intersection with First Street; and, Authorize the City Manager to execute an Agreement and other necessary documents. Voting: 11-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert IC Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndo~ Nancy IC Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: No~e Council Members Absent: None February 27, 1996 1 2 3 AN ORDINANCE AUTHORIZING THE CITY OF VIRGINIA BEACH TO ACQUIRE TWO PARCELS OF LAND LOCATED IN VIRGINIA BEACH FROM THE CITY OF NORFOLK 4 5 6 7 8 9 WHEREAS, the City of Virginia Beach and the City of Norfolk intended to transfer from the City of Norfolk to the City of Virginia Beach all of the pump station sites and related lots within the City of Virginia Beach which were owned by the City of Norfolk as part of the April 24, 1973 Agreement between the City of Virginia Beach and the City of Norfolk, Virginia; 10 11 12 13 14 15 16 17 WHEREAS, two parcels of land in the City of Virginia Beach were erroneously not conveyed by the City of Norfolk to the City of Virginia Beach, such two parcels of real property generally designated and known as a 90 foot by 100 foot lot beside the pump station on Laskin Road near the intersection of Great Neck Road, and the pump intersection of Virginia Beach; station on Virginia Beach Boulevard at the First Street, both located within the City of 18 19 WHEREAS, it is in the best interest of both cities for this acquisition of properties to occur; 20 21 22 23 24 WHEREAS, a proposed Agreement between the two cities dated December 7, 1995, has been drafted which by its terms and provisions the City of Norfolk agrees to convey to the City of Virginia Beach said parcels being more particularly described in the proposed Agreement, a copy of which is attached hereto. 25 26 27 28 29 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the City Manager is authorized to execute an Agreement in substantial conformance with the proposed Agreement dated December 7, 1995 by and between the City of Virginia Beach 30 31 32 33 34 and the City of Norfolk on behalf of the City and to execute such other documents as may be necessary to acquire the properties described above. 2. That this ordinance is in effect from and after thirty days from the date of its adoption. 35 36 Adopted by the Council of the City of Virginia Beach, Virginia, on the27 day of February , 1996. 37 38 39 40 CA-6233 ORDIN\NONCODEkCA6233.ORD R-1 PREPARED: February 9, 1996 APPROVED A:5-r?.,,...¢ L~GAL SUFFICIENCY AND Fc.;RM CITY ATT © ~'i',J,-.'¢'v THIS AGREEMENT, MADE this 7th day of December, 1995, by and between the City of Norfolk, a municipal corporation of the Commonwealth of Virginia (hereafter "Norfolk"), GRANTOR, and the City of Virginia Beach, Virginia, a municipal corporation of the Commonwealth of Virginia (hereafter "Virginia Beach"), GRANTEE. WITNESSETH WHEREAS, Norfolk is the owner of certain tracts of real estate situate in Virginia Beach, generally designated and known as a 90' x 100' lot beside the Pump Station on Laskin Road near the intersection of Great Neck Road and the Pump Station on Virginia Beach Boulevard at the intersection of First Street, both in the City of Virginia Beach, Virginia, said tracts being more particularly described in Exhibits A and B, respectively, attached hereto and expressly made a part hereof, and ~REAS, Virginia Beach desires to purchase, and Norfolk desires to sell, said tracts of land in order to provide adequate municipal services to such area. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein, the parties agree as follows: 1. Norfolk agrees to convey and Virginia Beach agrees to purchase for the sum of Two Hundred Twenty-Nine Dollars and Twenty-One Cents ($229.21) that certain 90' x 100' lot beside the Pump Station on Laskin Road near the intersection of Great Neck Road as more fully described in Attachment A attached hereto and made a part hereof. 2. Norfolk agrees to convey and Virginia Beach agrees to purchase for the sum of One Thousand, Two Hundred Fifty-Five Dollars and Ninety-Five Cents ($1,255.95) that certain Pump Station on Virginia Beach Boulevard at the intersection with First Road as more fully described in Attachment B attached hereto and made a part hereof. 3. That the combined purchase price of the parcels identified in paragraphs 1 and 2 is agreed to be One Thousand Four Hundred Eighty-Five Dollars and Sixteen Cents ($1,485.16) and such sum is agreed by both parties to be applied to any delinquent or current real estate taxes due and owing from the City of Norfolk to the City of Virginia Beach for the properties more fully described in Attachments A and B hereto. 4. That the purchase price is to be paid as follows: $1,485.16 Proceeds - 1,485.16 less tax credit~ -0- TOTAL PAID TO CITY OF NORFOLK 5. That the settlement shall take phce on the 27th day of February, 1996, at the offices of the Virginia Beach City Attomey, 260 City Hall Building, Municipal Center, Virginia Beach, Virginia 23456, or as soon thereafter as title can be examined and papers prepared, allowing a reasonable time to correct any title defects reported by the title examiner. ~Delinquent real estate taxes owed by the City of Norfolk to the City of Virginia Beach a~ of the month ending February 29, 1996 and to be applied by Virginia Beach to real estate taxe~ owed on theae prope.~Xiea on Norfolk's behalf. 2 IN WITNESS WHEREOF, the City of Norfolk has caused this agreement to be executed on its behalf by its officers duly authorized pursuant to Ordinance No. adopted by its Council on ,1996, and the City of Virginia Beach has caused this agreement to be executed on its behalf by its officers duly authorized pursuant to Ordinance No. adopted by its Council on ,1996. CITY OF NORFOLK, VIRGINIA (SEAL) ATTEST: By James B. Oliver, Jr. City Manager R. Breckenridge Daughtrey City Clerk CITY OF VIRGINIA BEACH, VIRGINIA (SEAL) ATTEST: By James K. Spore City Manager Ruth Hodges Smith City Clerk STATE OF VIRGINIA CITY OF .... , to-wit: The foregoing instrument was acknowledged before me this day of ,1996, by JAMES B. OLIVER, JR., CITY MANAGER OF THE CITY OF NORFOLK, VIRGINIA, on its behalf. My Commission expires Notary Public STATE OF VIRGINIA CITY OF , , to-wit: The foregoing instrument was acknowledged before me this day of , 1996, by R. BRECKENRIDGE DAUGHTREY, CITY CLERK OF THE CITY OF NORFOLK, VIRGINIA. My Commission expires Notary Public STATE OF VIRGINIA CITY OF · to-wit: The foregoing instrument was acknowledged before me this day of ,1996, by JAMES K. SPORE, CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. My Commission expires Notary Public 4 STATE OF VIRGINIA CITY OF ,., to-wit: The foregoing instrument was acknowledged before me this day of ,1996, by RUTH HODGES SMITH, CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA. My Commission expires Notary Public Clarence Warnstaff,~. ~ector Public Utilities, Virginia Beach APPROVED AS TO AVAILABILITY OF FUNDS: Patricia A. Phillips /~,,o) Director of Finance Virginia Beach APPROVED AS TO CONTENT: a~es C. Law~on ce of Real Estate Public Works Virginia Beach APPROVED AS TO FORM: Leslie L. Lilley City Attorney Virginia Beach APPROVED AS TO CONTENT: Louis L. Guy, Jr., Director Public Utilities, Norfolk APPROVED AS TO AVAILABILITY OF FUNDS: Nancy C. Tracy Acting Director of Finance Norfolk APPROVED AS TO CONTENT: Office of the Real Estate Public Works Norfolk APPROVED AS TO FORM: Philip R. Trapani City Attorney Norfolk 5 EXHIBIT A All that certain lot, piece or parcel of land, situated in the City of Virginia Beach, (formerly Lynnhaven Magisterial District of Princess Anne County), Virginia, bounded and described as follows: Beginning at a point on the northern line of U. S. Route No. 58 (known as Virginia Beach Boulevard) at the dividing line between the property owned by the grantor herein [Ruby W. Albano and Louis J. Albano], and the property owned by H. C. Smither; thence north 25'32'10' west along the aforesaid dividing line which follows the center line of a branch of Wolf Snare Creek to a point; thence south 67'15'50' west a distance of 90 feet to a point; thence south 25032' 10' east a distance of 100 feet to a point in the northern line of U.S. Route No. 58; thence north 67'15'50' east a distance of 90 feet along the northern line of U. S. Route No. 58 to the point of beginning. It being the land conveyed to the City of Norfolk by deed of Ruby W. Albano and Louis J. Albano, husband and wife, dated February 25, 1954 and duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, (formerly Princess Anne County) Virginia in Deed Book 353 at Page 55. EXHIBIT B All that certain lot, piece, or parcel of land, together with the buildings and improvements thereon, including the machinery, mechanical and electrical equipment thereon, and appurtenances thereunto appertaining, situate, lying and being in the City of Virginia Beach, (formerly Princess Anne County), Virginia, and being a part of Lots 23 and 24, Block 11, as shown on the Plat of Sunny Brook, which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 5, at page 201, and being more particularly shown on the plat entitled' ~Survey of Portion of Lots 23 and 24, Block 11, Sunny Brook, Princess Anne County, Virginia,~ dated May 17, 1960, made by Frank D. Tan'all Jr. and Associates, Surveyors and Engineers, which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 50, at Page 30, and more particularly bounded and described as follows: Beginning at a point on the northeast corner of Virginia Beach Boulevard, Route 58 and First Street, thence N 5°03'45'E along the east side of First Street a distance of 64.94' to a point; thence S 84°56'15'E, a distance of 50' to a point; thence S 5°03'45'W, a distance of 64.84' to a point on the north side of Virginia Beach Boulevard; thence along the north side of Virginia Beach Boulevard N 85°03'30"W, a distance of 50' to the point of beginning. It being the same property conveyed to the City of Norfolk, a municipal corporation of the Commonwealth of Virginia, by deed from Princess Anne County, Virginia, a political subdivision of the state of Virginia, dated September 22, 1961, and filed for record October 19, 1961, in Deed Book 701 at Page 370. 7 FIRST ST. ._1 Item IV-J.$. ORDINANCES ITEM # 40441 Upon motion by Council Lady Henley, seconded by Councilman Baum, City Council ADOPTED: Ordinance to establish the Agricultural Reserve Program (AR, P) Special Revenue Fund; authorize the City Manager to make adjustments accordingly to the appropriations and revenues of the Fiscal Year 1995- 1996 Operating Budget; establish one full-time position to implement the Program; and, establish a one and one-half cents real estate tax, effective 1 July 1995. Voting: 10-1 Council Members Voting Aye: John ,4. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis P~ Jones, Mayor Meyera E. Oberndorf, Nancy IC Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: Robert IC Dean Council Members Absent: None February 27, 1996 AN ORDINANCE ESTABLISHING THE AGRICULTURAL RESERVE PROGRAM SPECIAL REVENUE FUND 3 WHEREAS, on May 9, 1995, the City Council adopted the Agricultural Lands 4 Preservation Ordinance, establishing the Agricultural Reserve Program (the "Program") for the 5 preservation of agricultural lands within the City; ~; WHEREAS, the City Council has dedicated a one and one-half cent increase in the ? real estate tax, as well as other General Fund Revenues, to finance the Agricultural Reserve 8 Program; and 9 WHEREAS, City Council desires that the proceeds from the tax be budgeted and 10 financially reported in such manner as to permit the separate display of revenues and zl expenditures. 12 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 13 VIRGINIA BEACH, VIRGINIA: 14 1. That the City Manager is hereby authorized and directed to establish an 15 Agricultural Reserve Program Special Revenue Fund (the "Special Revenue Fund") to account for z~; revenues and expenditures, including inter-fund transfers related to the Program. All revenues l? received in the General Fund that are related to the Special Revenue Fund shall be annually 18 appropriated, and transferred from the General Fund to the Special Revenue Fund on a monthly 19 basis in accordance with appropriate governmental accounting procedures; 20 2. That the City Manager is hereby authorized to make adjustments to the 21 appropriations and revenues of the Fiscal Year 1995-96 Operating Budget to establish the 22 Special Revenue Fund; 23 3. That beginning July 1, 1996, the City Manager shall cause the Special Revenue 24 Fund to be budgeted in the Operating Budget, and shall cause a display of an overall summary 25 of the revenues and expenses of the Agricultural Reserve Program; 2~; 4. That the Special Revenue Fund be utilized for the Agricultural Reserve Program 2? to purchase United States Treasury securities or any other investment permitted by law; to pay 28 principal and interest amounts incurred in purchasing agricultural preservation easements, to 29 fund salary and associated costs of any position needed for the Program, to pay fiscal agent 30 fees, operating and maintenance costs, closing costs, and other costs incurred in the 31 administration of the Program; 32 5. That one full-time, permanent position in the Department of Agriculture be 33 established to aid in the implementation of the Program; 34 35 36 37 38 39 40 41 BE IT FURTHER ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH: That subject to annual appropriations, the following revenue sources will be used to pay the costs of the Agricultural Reserve Program: 1. One and one-half cents of the Real Estate Tax effective July 1, 1995; 2. Such other General Fund Revenues as may be committed by City Council in support of the Agricultural Reserve Program; and 3. Agricultural Reserve Program Fund Balance and any other revenues attributable to the Special Revenue Fund. 42 Adopted by the Council of the City of Virginia Beach, Virginia on the __ 43 February , 1996. 27 day of File: C:\CIP96\ARP1.0RD T Services Department of Law CONSENT AGENDA ORDINANCES ITEM # 40442 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council AUTHORIZED: Cash payment in lieu of park dedication, as consistent with the 21 February 1995 City Council approved Policy for Cash payments in Lieu of open space dedications of less than one acre: Hiclonan Farms Subdivision Voting: 11-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K. Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis P~ Jones, Mayor Meyera E. Oberndorf, Nancy K, Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members ~4bsent: None February 27, 1996 October 16, 1995 OCT ~0 ~995 CITY OF VIRGINIA BEACH Parks and Recreafion/Admin[~t~Uon Municipal Center Virginia Beach, VA 23456 Phone: (804) 563-1100/Fax (804) 563-1130 TO: FROM: SUBJECT: Jerald D. Banagan, Real Estate Assessor J. Barry Frankenfield, Parks and Recreation Planr~''' Cash in Lieu of Park Reservation for Hickman Farms 19.36 acres, (GPIN #2414-17-3651), Courthouse Sandbridge Planning Area I have received a request for a cash payment in lieu of park reservation for Hickman Farms. The assessed value of the property is $20,000/acre. The statistical analysis of the site and assessment information are attached. Please sign below and return if you concur that the current assessed land value for this property is $20,000 per acre. Thank you for your assistance. JBF:KCF Attachments C: CONCUR:j,~II~D. ~anaganl Susan D. Walston, Director of Parks and Recreation Ray A. Emerson, Parks Administrator Joe Pulley, Planning/DSC - 27 - CONSENT AGENDA ORDINANCES ITEM # 40443 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council AUTHORIZED: Cask lsaym~nt in lieu of park dedication, as consistent with the 21 February 1995 City Council approved Policy for Cash payments in Lieu of open space dedications of less than one acre: Johnatlum 's Cove Subdivision Voting: 10-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert I~ Dean, Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndoff, Nancy K. Parker, Vice Mayor W~lliam D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: Nolle Council Members Abstaining: William W. Harrison, Jr. Council Members Absent: Councilman Harrison ABSTAINED on Item 4 b. as his firm provides legal services to the Breeden Company. February 27, 1996 CiTY OF VIRGINIA BEACH Pari~ and Recreafion/Admlni~raflon Municipni Center Virginia Beach, VA 23456 Phone: (804) 5&3-1100/Fax (804) 563-1130 SECTION 4.5 OF THE SUBDIVISION ORDINANCE CASH PAYMENT IN LIEU OF PARK RESERVATION PLANNING/DSC FILE #: SUBDIVISION NAME: PLANNING AREA: ZONING: B07-300 Jonathan's Cove Kempsville R-5S (location map attached) (statistical analysis attached) SUBDIVISION ACREAGE FOR DEDICATION CALCULATION: 8.75 acres DEDICATION REQUIREMENT: .528 acre ASSESSED VALUE PER ACRE: $115,000 (12% x 8.75/2 = .528) (assessment attached) ASSESSED VALUE FOR DEDICATION REQUIREMENT: $60.720 ($115,000 x .528) ("dedication requirement" x "assessed value per acre") Breeden Co., Inc./ The u. pd~gned representing Jonathan' s Cove, L.L.C. does hereby agree this date, No,er ~,~tc.~Cj~,l;u~--~,~y c,~sh~ayment in lieu of park reservation: $60,720 . Company Representat~e/title Parks and Recreation APPROVED AS TO CONTENTS: ,/~e~l Estat~ As~;r APPROVED AS TO CONTENTS': ~ublic Works)Real Estate /kcf (11/2/95) Attachments APP~O'VED AS T~ CON,siS: ///" Pl~nr~ng'/D,~C ' ' '~,,~¢ ( /, APPROVED AS TO L~GAL SUFFICIENCY: City A~orn~'s Office City o£ Virginia Beach DATE: TO: FROM' SUBJECT: November 22, 1994 J. Barry Frankenfield Parks J. D. Real Cash GPin and Recreation Planner~ Banagan ~ /~ Estate Assessor ~.//~/ --- in Liew of Park/R~ervation for #1457-30-5288-~300 Behl's Marina The assessment of the above-mentioned property is $1,006,650, however, the assessment is based upon the following: 8.75 acres @ $115,000 per acre = 4 acres under water @ $100 per acre = $1,006,250 400 $1,006,650 JDB/tw Enclosures NOV 2 5 1994 PARKS & RECREATION CITY OF V!RG!NIA BEACH - 28 - ORDINANCES ITEM # 40444 The following spoke in OPPOSITION to the name change: Dr. Robert T. Barnes, 1988 Landstown Road, Phone: 427-3741 Leon T. Carrington, Sr., 1757 Landstown Road, North, Phone: 427-1864. Upon motion by l/ice Mayor Sessoms, seconded by Councilman Harrison, City Council DENIED APPEAL AND AUTHORIZED: City Manager to change the name of a certain segment of road known as "North Landstown Road" to "Dam Neck Road". Voting: 7-2 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Nancy K. Parker, V~ce Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: Barbara M. Henley and Mayor Meyera E. Oberndorf Council Members Abstaining: Robert lC. Dean and Louis 1~ Jones Council Members Absent: None Councilman Dean ABSTAINED as his question was not answered; and, therefore he can not make a decision. This action will not be applied to the entire City. Councilman Jones ABSTAINED as he owns property at the corner of Dam Neck Road and Princess Anne Road. February 27, 1996 - 29 - CONSENT AGENDA ORDINANCES ITEM tt 4O445 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to authorize license refunds in the amount of $2,594.78 upon application of certain persons and upon Certification of the Commissioner of the Revenue. Voting: 11-0 (By ConsenO Council Members Voting Aye: John/1. Baam, Linwood O. Branch, III, Robert K Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndo~ Nancy I~ Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None February 27, 1996 AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: License Date Base Penalty Int. Total NAME Year Paid Alpha Air Heating & Solar Service C/O Robert R. Smith 94 513 Turtle Cove Road Virginia Beach, Va. 23452 Inadvertent, Inc T/A Norfolk Tent Company 836 Poplar Hall Drive Norfolk, Va 23502 AUDIT 272.49 272.49 Jetted Tubs of Tidewater Inc C/O Ronald Barnish 4717 Kempsville Greens Pkwy Virginia Beach, Va 23462 94-95 AUDIT 311.06 311.06 95 AUDIT 247.69 247.69 M Tanner Inc (Maurine Tanner) T/A Servicemaster Professional Clng 1432 Ellerbeck Court Virginia Beach, Va 23456 This ordinance shall be effective from date of adoption. The above abatement(s) totaling $1,164.42 of the City of Virginia Beach on the 77 day of AUDIT 333.18 333.18 Ce~ified asto Payment: Commissioner of the Revenue Approved as to form: City Attorney were approved by the Council February , 19 96 Ruth Hodges Smith City Clerk AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME License Date Base Penalty Int. Year Paid Total Gyro King Inc c/o Dennis B. Ahlzadch 2123 Dunweeby Glen Dunweeby, Ga 30338 93-94 Audit 140.24 Hampton Roads Plumbing, Inc. 937 Aragona Boulevard 94 95 Virginia Beach, Va 23455 Moorehead, Inc 1995 T/A Jo Annes Nut HOuse-Lynn Mall P. O. Box 2291 Virginia Beach, Va 23452 Page One Graphics, Inc P. O. Box 13024 Norfolk, Va 23506 Audit 108.59 This ordinance shall be effective from date of adoption. The above abatement(s) totaling 453.45 of the City of Virginia Beach on the :27 day of 140.24 Audit 93.17 108.59 93-95 Audit 111.45 93.17 111.45 Certified as to Payment: ~$td6'j. P. Vaughan ~ Commissioner of the Revenue Approved as to form: L~'i~ L. Lille~-' City Attorney were approved by the Council February , 19 96 Ruth Hodges Smith City Clerk AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME License Date Base Penalty Int. Year Paid Total Barnes, Steve T/A Bay Breeze Farms 1100 McLanan Lane Virginia Beach, VA 23456 1992-95 Audit 204.54 Epps & Miller, P.C. 605 Lynnhaven Parkway #100 Virginia Beach, VA 23452 1993-94 Audit 736.37 Home Investment Realty Company 533 Newtown Road #103 1994 Virginia Beach, VA 23462 Audit 36.00 204.54 736.37 36.00 This ordinance shall be effective from date of adoption. The above abatement(s) totaling $976.91 of the City of Virginia Beach on the 27 day of Certified as to Payment: ~o"bobert P. Vaughan ~ Commissioner of the Revenue Approved as to form: L'~li~ L. Lilley / ~'~ City Attorney ~ were approved by the Council February , 19 96 Ruth Hodges Smith City Clerk Item Ig-J. 7. CONSENT AGENDA ORDINANCES ITEM # 40446 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to authorize special tax refunds in the amount of $1,123.47 upon application of certain persons and upon Certification of the Commissioner of the Revenue. Voting: 11-0 (By Consent) Council Members Voting ~lye: John A. Baum, Linwood O. Branch, III, Robert IC Dean, William W. Harrison, Jr., HaroM Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndo~ Nancy IC Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members ~dbsent: None February 27, 1996 AN ORDINANCE AUTHORIZING SPECIAL TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for special tax refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME TAX DATE BASE PENALTY INTEREST TOTAL YEAR PAID 1995 11/16/95 $1,123.47 $1,123.47 BAY RESTAURANT INC T/A BLUE PETES 100 NATIONAL BANK BLDG SUFFOLK, VA 23434 This ordinance shall be effective from date of adoption. The above abatement(s) totaling $1,123.47 of the City of Virginia Beach on the 27 Certified as to Payment: ~;~P. Vaughan '~// Commissioner of the R~'~enue Approved as to form: City Attorney were approved by the Council day of Yeb ua['y ,19 96 Ruth Hodges Smith City Clerk - 31 - Item IV-K1. PUBLIC HEARING ITEM # 40447 PLANNING Mayor Oberndorf DECLARED a PUBLIC HEARING on: PLANNING 1. DEVELOPMENT OPTIONS RECONSIDERATION AND CHANGE OF ZONING 2. B. J. 's WHOLES,4LF~ CLUB CONDITIONAL USE PERMIT 3. P.C.S. PRIMECO, LJ~. CONDITIONAL USE PERMIT 4. ROBERT M. AND JOAN G. HELM CONDITIONAL USE PERMITS VIRGINIA BEACH DEVELOPMENT AUTHORITY MODIFICATION OF CONDITIONS TARGET CONDITIONAL CHANGE OF ZONING 7. DORIS VELMA WHITE-HARRIS CHANGE OF ZONING February 27, 1996 Item IV-K. PUBLIC HEARING ITEM # 40448 PLANNING B Y CONSENT Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council APPROVED IN ONE MOTION Items 3 and 7 of the PLANNING BY CONSENT Agenda. Item 5 did not require action Voting: 10-0 Council Members Voting ,dye: John A. Baum, Linwood O. Branch, III, Robert K. Dean, William W. Harrison, Jr., Harold Heischober, Louis R. Jones, Mayor Meyera E. Oberndoff, Nancy I~ Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Barbara M. Henley February 27, 1996 Item IV-ICL PUBLIC HEARING ITEM # 4O449 PLANNING R. J. Nutter, 4425 Corporation Lane, Phone: 418-3214, represented the applicant Bruce Parks, 2625 Christopher Farms Drive, Phone: 427-9515, Manager of Walmart at Lynnhaven Randy Royal, Engineer Jack Bagley, Kimberly Home Upon motion by Council Lady Strayhorn, seconded by Vice Mayor Sessoms, City Council MODIFIED PROFFERS in the 11 July 1995 ADOPTED Ordinances upon Application of DEVELOPMENT OPTIONS, INC., for Conditional Changes of Zoning District Classification to B-2 Communi~_ Business District (KEMPSVILLE BOROUGH): ORDINANCE UPON APPLICATION OF DEVELOPMENT OPTION~ INC. FOR A CONDITIONAL CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-5D TO B-2 Z07951459 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Development Options, Inc., for a Conditional Change of Zoning District Classification from R-5D Residential Duplex District to B-2 Community Business District at the northwest intersection of Lynnhaven Parkway and Princess Anne Road. The proposed zoning classification change to B-2 is for commercial land use. The Comprehensive Plan recommends use of this parcel for suburban high density residential at densities that are compatible with single family use in accordance with other plan policies. Said parcel contains 20.30 acres. KEMPSVILLE BOROUGH. AND, ORDINANCE UPON APPLICATION OF DEVELOPMENT OPTION~ INC. FOR A CONDITIONAL CHANGE OF ZONING DISTRICT CLASSIFICATION FROM I-1 TO B-2 Z07951460 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Development Options, Inc., for a Conditional Change of Zoning District Classification from I-1 Light Industrial District to B-2 Community Business District on the southwest side of Princess Anne Road beginning at a point 290 feet more or less northwest of Lynnhaven Parkway. The proposed zoning classification change to B-2 is for commercial land use. The Comprehensive Plan recommends use of this parcel for industrial use in accordance with other Plan policies. Said parcel is located at 4233 Princess Anne Road and contains 23.44 acres. KEMPSVILLE BOROUGH. MODIFICATION OF PROFFERS: The proposed changes will allow for a Walmart Superstore in place of the Caldor's store depicted on the original plans. February 27, 1996 Item IV-ICL PUBLIC HEARING ITEM # 40449 (Continued) PLANNING AND, ADOPTED Ordinance upon application of DEVELOPMENT OPTIONS, INC. for a Conditional Change of Zoning: ORDINANCE UPON APPLICATION OF DEVELOPMENT OPTIONS, INC. FOR A CONDITIONAL CI-L4NGE OF ZONING DISTRICT CLASSIFICATION FROM R-SD TO B-2 Z02961483 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BF~CH, VIRGINIA Ordinance upon application of Development Options, Inc. for a Change of Zoning District Classification from R-5D Residential Duplex District to Conditional B-2 Community Business District on the east side of Salem Road beginning at a point 1350 feet more or less north of Lynnhaven Parkway. Said parcel contains 23,500 square feet. KEMPSVILLE BOROUGH. 1. Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court and is hereby made a part of the record. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twen~-seventh of Februa~. Nineteen Hundred and Ninety-Six. Voting: 6-4 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, HaroM Heischober, Louis R. Jones, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: Robert K. Dean, Barbara M. Henley, Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Abstaining: William W. Harrison Council Members Absent: None Councilman Harrison ABSTAINED as his law firm represents Hannaford Brothers, one of the tenants. February 27, 1996 of Virginia ZNTEI -OFF CE COERESPOt 13ENCE In Reply Refer To Out File No. DF-95-4062 DATE: February 16, 1996 TO: FROM: RE: Leslie L. Lilley DEPT: City Attorney William M. Maeali ~ DEPT: City Attorney Conditional Zoning Application (Modification of Proffers) Development Options, Inc., et als The above-referenced conditional zoning application, in which the applicants seek to modify a previous proffer agreement, is scheduled to be heard by the City Council on February 27, 1996. I have reviewed the subject proffer agreement, dated Januaxy 3, 1996 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Pl~se feel free to call me if you have any questions or wish to discuss this matter further. WMM Enclosure 1995 changing I-1 and R-5D gontaining a THIS AGREEMENT, made this 3rd day of January, 1996, by and between SHIRLEY A. BUCKNER, an4 MARY B. MONTGOMERY, EXECUTOR AND SOLE BENEFICIARY OF THE ESTATE OF STERLING S. MONTGOMERY, the owners of the Property referred to herein; and DEVELOPMENT OPTIONS, INC., the contract owner of the Property referred to herein, (hereinafter both the owner and the contract owner are collectively referred to as "Grantors"); and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (hereinafter referred to as ("Grantee"). W I T N E S S E T H: WHEREAS, the Grantors had initiated an amendment to the Zoning Map of the city of Virginia Beach by a Petition addressed to the Grantee, which Petition was granted unanimously by the Virginia Beach City Council on July 11, the classification of Grantor's property from to B-2 Conditional on certa in property total 44.33 acres, more or less, in the Kempsville Borough of the City of Virginia Beach, Virginia, more particularly described in the attached Exhibit "A" (hereinafter "the Property"; and WHEREAS, the conditions agreed upon by the parties are set forth in a written Agreement recorded in the Virginia Beach Circuit Court Clerk's office in Deed Book 3516 at page 0001, hereinafter "Original Agreement", which Origina i Agreement provided that it may be amended or varied by subsequent written instrument recorded in the Clerk's Office with the consent of the Grantee, which consent shall be evidenced by written resolution adopted by the governing body of the Grantee following a public hearing advertised pursuant to Section 15.1-431 of the Code of Virginia, 1950 as amended; and NHEREA~, the Grantors have now initiated a Petition addressed to the Grantee requesting an amendment of the Original Agreement; and WHEREA~, by this document the Grantors desire to amend and modify the terms in the Original Agreement as fully set forth in this Agreement dated January 3, 1996 (hereinafter "New Agreement"), which New Agreement has been approved by the governing body of the Grantee following a public hearing advertised pursuant to Section 15.1-431 of the Code of Virginia, 1950 as amended; and WHEREAS, the New Agreement submitted by Grantor and agreed upon by Grantee are voluntary proffers se~ forth to provide reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land needed to cope with the gives rise; and similarly zoned B-2 and are situation which Grantors request -2- WHEREAS, the New Agreement has been proffered by the Grantors and accepted by the Grantee and the conditions set forth shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the subject Property at the time of recordation of such instrument; provided, further, that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before .the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.1-431, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW, THEREFORE, the Grantors, for themselves, their successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without -3- any element of compulsion of ~ pro ~auo for zoning, rezoning, site plan, building permit or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property if developed for a uss permitted under the B-2 zoning classification, and hereby covenants and agrees that these Proffers shall constitute covenants running with the said Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its heirs, personal representatives, assigns, grantees and other successors in interest or title, namely: 1. The terms of the Original Agreement recorded in Deed Book 3516 at page 0001, in the Virginia Beach Circuit Court Clerk's Office be and the same hereby are vacated and replaced by the conditions set forth herein. 2. When the Property is developed, it shall be developed substantially as shown on the exhibit entitled "PRELIMINARY SITE PLAN OF DEVELOPMENT OPTIONS, INC.~ SHOPPING CENTER" prepared by Engineering Services, Inc., dated January 2, 1996, said exhibit being the same exhibit being submitted to the City Council and on file in the Planning Department of the gity of Virginia Beach, Virginia (hereinafter the "Site Plan"). -4- 3. When the Property is developed, but prior to the opening of the commercial center located on the Property, Grantors shall install berming, 25 feet in width and landscaping along the perimeter of the Property substantially as shown on the Exhibit entitled "LANDSCAPE PLAN OF DEVELOPMENT OPTIONS, INC. SHOPPING CENTER" prepared by Engineering Services, Inc. dated January 2, 1996, said Exhibit being the same exhibit being submitted to City Council and on file in the Planning Department of the City of Virginia Beach (hereinafter the "Landscape Plan"). 4. Following site plan approval, but prior to the issuance of occupancy permits for the commercial buildings on the Property, Grantors, at their expense, shall install traffic signalization at the entrance to the Property from Lynnhaven Parkway as shown on the Site Plan. 5. The exterior of the commercial center shown on the Site Plan shall be substantially similar in appearance to the ~levation entitled "SALEM CROSSING SHOPPING CENTER VIRGINIA BEACH, VIRGINIA, CBL & ASSOCIATES, PROPERTIES", prepared by DR Brasher Architects, dated January 2, 1996, said Exhibit being the same exhibit as the color coordinated exhibit being submitted to the City Council and on file Department of the City of Virginia (hereinafter the "Rendering"). in the Planning Beach, Virginia -5- 6. Grantors shall restrict vehicular access to the Property from Salem road in accordance with the Site Plan. 7. Grantors shall maintain a building setback line along the portion of the north western boundary of the Property adjacent to the existing multi-family dwellings on Princess Anne Road, substantially as shown on the Site Plan and along the portion of the western boundary of the Property adjacent to the existing single family homes on Salem Road of at least 150 feet. 8. The lighting installed on the rear of the buildings within the commercial center on the Property, shall be shielded so as to direct the light downward toward the rear of the buildings and drive aisles behind the buildings and to prevent glare beyond the perimeter of the Property. 9. Grantors shall take efforts to preserve the trees within the area noted as "Tree Preservation Area" substantially as shown on the Site Plan. The building signs located on the commercial center internally illuminated and located ~ithin the sign band, substantially as depicted on the 10. shall be building Rendering. 11. The freestanding signs for the commercial center shall be monument style signs and coordinated with the color and materials used for the commercial center. -6- 12. At the time of the subdivision of the out parcels shown on the Site Plan, Grantors shall record a no ingress/ egress easement along the portions of the out parcels contiguous to Princess Anne Road and/or Lynnhaven Parkway. 13. The number of out parcels shall not exceed the number depicted on the Site Plan and no out parcel shall be less than one acre in size. No such out parcel contiguous to a public road shall contain more than one principal building. Each out parcel shall contain a minimum of 5% of landscape and open space area in addition to the perimeter berm requirements referenced in Proffer #2, and the City's parking lot and foundation landscaping requirements. The landscape materials used shall be in accordance with the City's landscape standards in effect at the time of the site plan approval. 14. The three out parcels clustered together as shown on the Site Plan shall each contain cross ingress/egress ,pedestrian easements connecting said three out parcels with ! pedestrian cross walks. The pedestrian access areas shall be clearly marked to encourage pedestrian access between the out parcels. 15. between respective buildings on public right-of-way. No parking spaces or dumpsters shall be located Princess Anne Road and/or Lynnhaven Parkway and the each out parcel contiguous to a -7- 16. The external building materials used for the buildings on the out parcels shall be the same or higher quality as those used in the front facade of the commercial center as shown on the Rendering which are primarily brick, stucco and split face block. The color of the external building materials used for the buildings on the out parcels shall be earth tones, excluding intention of the Grantor to encourage requiring uniformity. accents it being the compatibility without 17. The perimeter of the drive aisles within the out parcels shall be landscaped with Category I landscaping. 18. Freestanding signs erected on any out parcel shall not exceed a height of eight feet; shall be constructed substantially as shown on the attached Exhibit B; and no portion of the signage on each sign shall protrude beyond the sign face area as shown on the attached Exhibit B. 19. Any proposed uses for the out parcels which require conditional use permits shall comply with the building and color restrictions contained herein and all the other criteria applicable to the out parcels as set forth herein. 20. Access to the property from Princess Anne Road shall be restricted to a right turn in only access way at the location depicted on the Site Plan. 21. Further conditions may be required by the Grantee during detailed Site Plan and/or Subdivision review and -8- administration of agencies and departments to meet requirements. All references hereinabove applicable City Codes by all cognizant City all applicable City Code to zoning districts and to regulations applicable thereto refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date of the conditional zoning amendment is approved by the Grantee. The Grantors covenant and agrees that (1) the Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit conditions, including ,abatement, damages or proceedings; (2) the to ensure compliance with such mandatory or prohibitory injunction, other appropriate action, suit or failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO or this Agreement, the Grantors shall petition to the governing body for the review thereof prior to instituting proceedings in -9- court; and (4) the Zoning Map show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantors and Grantee. (PAGES THAT FOLLOW ARE SIGNATURE PAGES) -10- WITNESS the followin~ STATE OF VIRGINIA CITY OF ~h~_ko~~_~ , to-wit: \ The foregoing instrument was acknowledged before me this ~O~day of January, 1996, by Shirley A. Buckner. Notary Public My Commission Expires: -11- WITNESS THE FOLLOWING SIGNATURE AND SEAL STATE OF,q~RGINIA c=~ o~ ~.,~,~,~ -~J~_ , ~o-w~ The foregoing instrument was acknowledged before me this ~_ day of January, 1996, by Ma ontgomery. _ '----~-'*- /Not~y pUbli~ My C~mmi~sion Expires: -12- WITNESS THE FOLLOWING SIGNATURE AND SEAL DEVELOPMENT OPTIONS, INC. Title: . The foregoing instrument was acknowledged before me this ~-7 day of January, 1996, by Mark Mancuso, Vice-President of Development Options, Inc. Notary' PublJ.c ~ My Commission Expires: Notary Public My Commission Expires June 21, 2002 -13- '~0. P.S. 1la Cit ,' o£ Vi:r' i:rxia ] eech NTEI -OFFZ CE COR ESPOI ENCE In Reply Refer To Out File No. DF-95-4061 DATE: February 16, 1996 TO: FROM: RE: Leslie L. Lilley William M. Macali t~ Conditional Zoning Application Development Options, Inc., et als DEPT: City Attorney DEPT: City Attorney The above-referenced conditional zoning application is scheduled to be heard by the City Council on February 27, 1996. I have reviewed the subject proffer agreement, dated January 3, 1996 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. WMM Enclosure THIS AGREEMENT, made this 3rd day of January, 1996, by and between MARY B. MONTGOMERY, EXECUTOR AND SOLE BENEFICIARY OF THE ESTATE OP BTERLING S. MONTGOMERY, the owner of the Property referred to herein; and DEVELOPMENT OPTIONS, INC., the contract owner of the Property referred to herein, (hereinafter both the owner and the contract owner are collectively referred to as "Grantors"); and the CITY OF VIRGINI~ BF,%CH, a municipal corporation of the Commonwealth of Virginia (hereinafter referred to as ("Grantee"). W I T N E S S E T E: WHEREAS, the Grantors have initiated an amendment to the Zoning Map of the City petition addressed to the classification of the Grantee, of Virginia Beach, Virginia, by so as to change the Grantors property from R-SD (Residental) to B-2 (Commercial), located in Borough of the City particularly described t~e "Property"); WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes, including multi-family purposes, through zoning and other land development legislation; and WHEREAS, the Grantors acknowledge that the Competing and sometimes incompatible uses conflict, and that in order to the Kempsville of Virginia Beach, Virginia, more in the attached Exhibit ~ (hereinafter permit differing uses on and in the area of the subject Property and at the same time to recognize the effects of the change, and the need for various types of uses, including those listed above, certain reasonable conditions governing the use of the Property for the protection of the that are not generally applicable to land similarly the are needed to cope with the situation to which rezoning application gives rise; and WHEREA~, the Grantors have voluntarily community zoned B-2 Grantors proffered in writing in advance of and prior to the public hearing before the Grantee, as part of the proposed conditional amendment to the Zoning Map, in addition to the regulations provided for in the existing B-2 zoning district by the existing City's Zoning Ordinance (CZO), the following reasonable conditions related to the physical development, operation and use of the Property to be adopted as a part of said amendment to the new Zoning Map relative to the Property, all of which have a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantors, for themselves, their successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exac.tion from the Grantee or its governing body and without any element of compulsion of quid pro quo for zoning, rezoning, site plan, building permit or subdivision approval, -2- hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property if developed for a use permitted under the B-2 zoning classification, and hereby covenants and agrees that these Proffers shall constitute covenants running with the said Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its heirs, personal representatives, assigns, grantees and other successors in interest or title, namely: 1. When the Property is developed, it shall be developed substantially as shown on the exhibit entitled "PRELIMINARY SITE PLAN OF DEVELOPMENT OPTIONS, INC. SHOPPING CENTER" prepared by Engineering Services, Inc., dated January 2, 1996, said exhibit being the same exhibit being submitted to the City Council and on file in the Planning Department of the City of Virginia Beach, Virginia (hereinafter the "Site .Plan"). SIGNATURE PAGES TO FOLLOW -3- WITNESS THE FOLLOWING SIGNATURES AND SEALS. STATE OF~RGINIA ~ , to-wit: The foregoing instrument was'~ged befor~ me this .~ day of .~W__4A//~/~ ~/~_ , 19~6, by_~ar] ~. MgAtg~ery. My o is ion Expires: -4- ~ZXZBIT & LEGAL DESCRIPTION OF & PORTION OF THE PROPOSED SHOPPING CENTER AT THE INTERSECTION OF PRINCESS ANNE ROAD AND LYNNHAVEN PARKWAY ~N 94448 GPIN NO, 1475-97-1140 Ail that certain piece or parcel of land being a portion of Tract 'C', as shown on that survey o£ property for S.W. Buckner and SterlSng Montgomery, dated March 12, lg74, by Rouse-Sirine &ssociates, LTD., Surveyors and Engineers, which surveys duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Hap Book 105 at Page 40, and is more particularly bounded and described, wi~h reference to said plat, as follows: Bounded on the south by the northern property line of Lot 9 of Salem Gardens, Subdivision Section 2 which is recorded in Map Book S8 at page 36; bounded on the west by the eastern most border of ~he right-of-way for Salem Road; bounded on the north by southern property line of the property ovned by Salem Woods III Associates, L.P. as shown on the plat recorded Ln Hap Book 217 at page 88 through 94; and bounded on the east of the ex~ension of the western most property line of Salen Gardens Subdivision Section 2. Item IV-K. 2. PUBLIC HEARING ITEM # 40450 PLANNING Artie Espensade, General Manager of BJ's Wholesale Club. Upon motion by Councilman Harrison, seconded by Vice Mayor Sessoms, City Council ADOPTED an Ordinance upon application of BJ's WHOLESALE CLUB for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF BJ's WHOLESALE CLUB FOR A CONDITIONAL USE PERMIT FOR THE RELOCATION OF AN EXISTING AUTOMOBILE SERVICE (TIRE BAY) R02962022 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of the BJ'S Wholesale Club.for the relocation of an existing automobile service (tire bay) on the north side of Virginia Beach Boulevard, west of Rosemont Road. Said parcel is located at 3712 Virginia Beach Boulevard and contains 10.028 acres. LYNNHAVEN BOROUGH. The following conditions shall be required: 2. AH trash, materials and merchandise, including new and used automobile parts and tires, shall be stored within the building. Foundation landscaping shah be provided along the front wall of the building, in accordance with Section 5A.6 of the Site Plan ordinance. Trees existing along the Eastern property line, adjacent to the apartments, shall remain. Prior to final site plan approval, the applicant shah submit .for approval by the Planning Director a revised parking lot landscape plan for that portion of the parking area located between the proposed service bays and the Southern and Eastern property lines. The plan shall incorporate planters and/or enlarged parking lot planting islands to accommodate additional plant material capable of partially screening and visually enhancing the service bay area. This ordinance shall be effective in accordance with Section 107 09 of the Zoning ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-seventh o_f Februa~_. iVinetecn Hundred and Nine~_ -Six February 27, 1996 PUBLIC HEARING ITEM # 40450 (Continued) PLANNING Voting: 10-0 Council Members Voting Aye: John A. Baton, Linwood O. Branch, III, Robert K. Dean, William W.. Harrison, Jr., Harold Heischober, Barbara 34. Henley, Mayor Meyera E. Oberndoff, Nancy I~ Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Abstaining: Louis R~ Jones Council Members Absent: Nolle Councilman Jones ABSTAINED as he is a Member of the Board of Directors of Resource Bank and owns more than 3% of the stock February 27, 1996 - 37 - Item IY-K. 3. PUBLIC HEARING PLANNING BY CONSENT ITEM # 40451 Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED an P.C.S. PRIMECO, L.P. for Conditional Use Permit: ORDINANCE UPON APPLICATION OF P.C.S. PRIMCO, L.P. FOR A CONDITIONAL USE PERMIT FOR A ROOFTOP COMMUNICATIONS TOWER CELL~SITE R01962011 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of P. C.S. PrimeCo, L.P. for a Conditional Use Permit for a 150-foot communications tower on certain property located on the east side of Newtown Road, south of Lake Edward Drive. Said parcel is located at 500 Newtown Road and contains 8.169 acres. BAY'SIDE BOROUGH. The following condition shall be required: 1. The tower will be a monopole-style tower and not exceed 150 feet in height. Future joint use for primary and secondary tower users must be accommodated on this tower. 3. The existing lattice tower located on the site will be removed. This Ordinance shall be effective in accordance with Section 107 69 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twen~_ -seventh of Februa~_. Nineteen Hundred and Nine~_ -Six. Voting: 10-0 Council Members Voting Aye: John ,4. Baum, Linwood O. Branch, III, Robert IC Dean, William W. Harrison, Jr., Harold Heischober, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy IC Parker, Vice Mayor William D. Sessorns, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Barbara M. Henley February 27, 1996 - 38 - lteJn IV-lC.4. PUBLIC HEARING ITEM # 40452 PLANNING Attorney 1~ J. Nutter, 4425 Corporation Lane, phone: 518-3200, represented the applicant who will relocate Sunnybrook School, a facility in operation for over 35 years. James Rector, 513 Prince of Wales Drive, Phone: 486-6190, adjacent resident, spoke in SUPPORT. Frank Palmieri, 500 Normal Lane, Phone: 340-7559, spoke in OPPOSITION Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council ADOPTED an Ordinance upon application of ROBERT M. and JOAN G. HELM for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF ROBERT M. AND JOAN G. HELM FORA CONDITIONAL USE PERMIT FORA PRIVATE SCHOOL AND CHILD CARE CENTER R0296 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Robert M. & Joan G. Helm for a Conditional Use Permit for a private school and child care center on certain property located at the northeast corner of North Little Neck Road and Edinburgh Drive. Said parcel contains 1.003 acres. L YNNHA VEN BOROUGH. The following conditions shall be required: 1. Hours of operation shall be limited to Monday through Friday, 7 AM until 6 PM. 2. Prior to final site plan approval, the applicant shall work with the Planning Department staff to prepare a detailed tree preservation and landscape plan that maintains substantial screening within the required fifteen-foot (159 side yard setback, and within fifty feet (50') from the side yard at the rear of the building. Development of the site shall be substantially in accordance with the submitted site plan, revised to provide the minimum fifteen-foot (15') side yard setback and to incorporate tree preservation and landscape screening, as set forth in Condition #2, above. 4. All outdoor lighting shall be low-level and shall be deflected away from all adjoining property. 5. Development shall be in accordance with the proffered drawings as presented to Planning Commission. This Ordinance shall be effective in accordance with Section 107 69 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-seventh of Februa~_. Nineteen Hundred and Nine~_ -Six. February 27, 1996 - 39 - Item IV-K 4. PUBLIC HEARING ITEM # 40452 (Continued) PLANNING Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert IC Dean, Harold Heischober, Barbara M. Henley, Louis R~ Jones, Mayor Meyera E. Oberndorf, Nancy IC Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Abstaining: William W. Harrison, Jr. Council Members Absent: None Councilman Harrison ABSTAINED as the applicant has a letter of intent from Hannaford Brothers, which his law firm represents. February 27, 1996 PUBLIC HEARING ITEM # 40453 PLANNING REQUIRED NO ACTION/REMOVED FROM THE AGENDA: Application of VIRGINIA BEACH DEVELOPMENT AUTHORITY for a Modification of Conditions attached to the Rezonings (13 June 1988, 14 August 1989, 9 November 1993 and 12 November 1994 at Corporate Landing, on the South side of Dam Neck Road, West of General Booth Boulevard, containing 337 acres (PRINCF~S ANNE BOROUGH). February 27, 1996 - 41 - Item IV-K. 6. PUBLIC tlEARING ITEM # 40454 PLANNING Attorney R. Edward Bourdon, Jr., Pembroke One Building, Fifth Floor, Phone: 499-8971 Bill Burnside, 808 Moffat Court, Phone: 467-0008, represented land owner, Word of Life Christian Center. Gary Gallagher, Site Development Manager, Dayton/Hudson Corporation, Target Division Margaret Fleck, Project Architect, Dayton/Hudson Corporation Randy Royal, Project Engineer - Engineering Services l~alerie Henchel, Traffic Engineer with Intermodal Engineer, provided traffic impact analysis Upon motion by Council Lady Strayhorn, seconded by Vice Mayor Sessoms, City Council DEFERRED THIRTY DAYS (26 March 1996): Ordinance upon application of TARGET for a Conditional Change of Zoning District Class(l~cation" ORDINANCE UPON APPLICATION OF TARGET, FOR A CONDITIONAL CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-5D to B-2 Ordinance upon application of Target for a Conditional Change of Zoning District Classification from R-5D Residential Duplex District to Conditional B-2 Community Business District at the southeast corner of Princess Anne Road and Lynnhaven Parkway. The proposed zoning classification change to B-2 is for general commercial land use. The Comprehensive Plan recommends use of this parcel for suburban high density residential at densities that are compatible with single family use in accordance with other plan policies. (The plan also recognizes this site as an opportunity area with potential for mixed use development. Said parcel contains 19 acres. KEMPSVILLE BOROUGH Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert If. Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndoff, Nancy I~ Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None February 27, 1996 - 42 - Item IV-K Z PUBLIC IIEARING ITEM tt 40455 PLANNING BY CONSENT Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED an Ordinance upon application of DORIS VELMA WHITE-HARRIS for a Change of Zoning District Classification: ORDINANCE UPON APPLICATION OF DORIS VELMA HARRIS FOR A CHANGE OF ZONING FROM A-12 Z02961484 WHITE - TO R-10 BE IT HEREBY ORDAINED BY THE COUNCTL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance utnm application of Doris Velma White-Harris for a Change of Zoning District Classification from A-12 Apartment District to R-lO Residential District on the south side of Old Virginia Beach Road, west of South Birdneck Road. The proposed zoning classification change to R- IO is for single family residential land use on lots no less than 10,000 square feet. The Comprehensive Plan recommends use of this parcel for suburban low density residential at densities that are compatible with single family use in accordance with other plan policies. Said parcel is located at 1171 Old Virginia Beach Road and contains 13,068 square feet. LYNNHAVEN BOROUGtt. This Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twen~. -seventh o.f Februa~_. Nineteen Hundred #nd Ni~¢ty-Si~. Voting: 10-0 (By ConsenO Council Members Voting Aye: John/L Baum, Linwood 0. Branch, III, Robert IC Dean, William W. Harrison, Jr., Harold Heischober, Louis R~ Jones, Mayor Meyera E. Oberndoff, Nancy IC Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Barbara M. Henley February 27, 1996 APPOINTMENTS ITEM # 40456 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: FRANCIS LAND HOUSE BOARD OF SUPERVISORS VIRGINIA BEACH CRIME TASK FORCE VIRGINIA BEACH HEALTH SERVICES ADVISORY BOARD February 27, 1996 APPOINTMENTS ITEM # 40457 Upon motion by Vice Mayor Sessoms, City Council REAPPOINTED: PERSONNEL BOARD Marian H. Harris William G. Milner $ Year Terms 03/01/96-02/28/99 Voting: l I -O Council Members Voting Aye: John ,4. Baum, Linwood O. Branch, Ill, Robert K. Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndoff, Nancy I~ Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members ,4bsent: None February 27, 1996 APPOINTMENTS Upon motion by Councilman Jones, ITEM # 40458 City Council REAPPOINTED: THE PLANNING COUNCIL W'dliam D. Sessoms, Jr. 1 Year Term 04/01/96-03/31/97 Voting: 10-0 Council Members Voting Aye: John ,4. Baum, Linwood O. Branch, III, Robert K. Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K. Parker and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Abstaining: Vice Mayor William D. Sessoms, Jr. Council Members Absent: None February 27, 1996 APPOINTMENTS ITEM # 40459 Upon NOMINATION by Vice Mayor Sessoms, City Council: YOUTH SERVICES COORDINATING COUNCIL REAPPOINTED: Nony E. Abrajano Patricia Neagle Davidson Joseph O'Brian Susan D. Walston James Edward Wood James Marvin Woolf Volunteer (3 Public Health (Year Adult Business (Terms Parks & Rec (3/01/96 Volunteer ( to Court Services (02/28/99 Scott Michael Sachs Keesha J. Tann Student Student (1 Year Terms (03/01/96 -02/28/97 APPOINTED: George Harden Dr. Timothy Jenny Pat Richardson Business Superintendent of Schools Community (3 Year (Terms (03/01/96 - (O2/28/99 Travis Fitzgerald Desiree Wilson Student Student (1 Year Terms (03/01/96 -02/28/97 Voting: 11 - 0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy I~ Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: iVotle Council Members Absent: Noue February 27, 1996 - 47 - APPOINTMENTS ITEM # 40460 City Council CONFIRMED the Appointment of I~trginia Beach Circuit Court: BOARD OF ZONING APPEALS Harry R. Purkey, Jr. thru 12/31/2000 February 27, 1996 Item APPOINTMENTS ITEM # 4O461 Upon motion by Councilman Baum, seconded by Councilman Jones: City Councik PLACED IN NOMINATION the name of Delceno C. Miles for the Blackwater Borough seat vacancy on the VIRGINIA BEACH SCHOOL BOARD. SCHEDULED: PUBLIC HEARING SCHOOL BOARD VACANCY March 12, 1996 2:00 P34. SPECIAL MEETING SCHOOL BOARD APPOINTMENT March 19, 1996 4:00 P34. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert I~ Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndo~ Nancy I~ Parker, V~ce Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: February 27, 1996 - 49 - Item IV-M.I. UNFINISHED BUSINESS ITEM # 40462 Mayor Oberndorf and Councilman Branch referenced a request in August, the prospectus being prepared by the Arts Center for their lO-day Arts Festival. Mrs. Helen Snow, President of the V~rginia Beach Center for the Arts, is anxious to determine the appropriate funding. It is no longer termed the "Boardwalk Art Show", but the "International Arts Festival". Perhaps some of the City services to the Festival could be absorbed. Mayor Oberndorf and Councilman Branch requested the City Manager and his staff review the budget and determine amount of funding and in-la'nd services that would be available. Decisions must be made quickly as the Festival must prepare its programs. Council Lady Henley referenced correspondence from the Arts and Humanities Commission advising they would no longer be funding the Arts Festival. February 27, 1996 Item IV-M.2. UNFINISHED BUSINESS The City Manager distributed: ITEM # 40463 The Status Report of the grtrginia Beach 1996 Legislative Issues. Said information is hereby made a part of the record. February 27, 1996 - 51 - ADJOURNMENT ITEM # 40463 Mayor Oberndorf DECLARED the City Council Meeting ADJOURNED at 10:40 P.M.. ~. Hooks, CMC Chief Deputy City Clerk City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia February 27, 1996