HomeMy WebLinkAboutAUGUST 27, 1996 MINUTES
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"WORLD'S LARGEST RESORT C""
CITY COUNCIL
MAYOR MEYERA E. OBERNDORF, At Large
VICE MAYOR WILLIAM D. SESSOMS, JR, At Large
JOHN A. BAUM, Blackwater Borough
LINWOOD O. BRANCH, III, Virginia Beach Borough
WILLIAM W HARRISON. JR, Lynnhaven Borough
HAROLD HEISCHOBER, At Large
BARBARA M. HENLEY, Pungo Borough
LOUIS R. JONES, Bayside Borough
REBA S. McCLANAN, Princess Anne Borough
NANCY K. PARKER, At Large
LOUISA M. STRAYHORN, Kempsville Borough
CITY HALL BUIWING
JAMES K. SPORE, City Manager CITY COUNCIL AGENDA 2@f COURTHOUSE DRIVE
LESLIE L. LILLEY, City Attorney VIRGINIA BEACH, VIRGINIA 23456 "5
11,57, @27 4@iO3
RUTH HODGES SMITH, CMC/AAE, City Clerk
AUGUST 27, 1996
I. CITY MANAGER'S BRIEFINGS - Conference Room - 3:30 PM
A. YEAR-END FUND BALANCE - INTERIM FINANCIAL REPORT
Patricia A. Phillips, Director, Finance
B. MULTI-PURPOSE STADIUM
Donald L. Maxwell, Director, Economic Development
II. AGENDA REVIEW SESSION
III. CITY COUNCIL CONCERNS
IV. INFORMAL SESSION - Conference Room - 5:30 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO EXECUTIVE SESSION
V. FORMAL SESSION - Council Chamber - 6:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. INVOCATION: Reverend Barnett Thoroughgood
New Jerusalem Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF EXECUTIVE SESSION
F. MINUTES
1. INFORMAL & FORMAL SESSIONS August 13, 1996
G. ADOPT AGENDA FOR FORMAL SESSION
H. CONSENT AGENDA
The Consent Agenda 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. ORDINANCES/RESOLUTIONS
1. Ordinance to authorize acquisition of property in fee simple
for right-of-way for Shore Drive intersection improvements
(CIP 2-133) and acquisition of temporary and permanent
easements, either by agreement or condemnation.
2. Multi-Purpose Sports Stadium:
a. Ordinance to establish a Multi-Purpose Sports Stadium
(CIP #9-003); and, APPROPRIATE $100,000 from the fund
balance of the General Fund for preliminary planning and
design.
b. Resolution to direct the City Manager to develop an
Agreement of Understanding with the Virginia Beach
Development Authority:
(1) Identification and negotiation of the terms of a
transfer by the City of a site for a proposed
Multi-Purpose Sports Stadium;
(2) Identification of funding sources necessary to
design and construct said stadium;
(3) Design and construction;
(4) Negotiation of the terms of a long-term lease;
and,
(5) Request the Authority to proceed with preliminary
planning and design.
3. Resolution to confirm the intent and understanding of the City
Council re the Conditional Use Permit (CUP) granted to
Tidewater Westminster Homes, Incorporated, for a home for the
aged at Shore Drive and Sunstates Court (LYNNHAVEN BOROUGH).
(Sponsored by Councilman W. W. Harrison, Jr.)
4. Tax Refunds: $4,151.18.
J. PUBLIC HEARING - PLANNING 7:00 PM
PLANNING BY CONSENT - To be determined during the Agenda Review Session.
1. PLANNING
a. Application of LEDESA LAND COMPANY, a Virginia General
Partnership, for the discontinuance, closure and
abandonment of a portion of a fifteen-foot (15') alley
located between Lots 9 and 21, Block 20, Croatan Beach,
containing 750 square feet (PRINCESS ANNE BOROUGH).
Recommendation: APPROVAL
b. Application of ROBIN L. ROSS for a Conditional Use Permit
for a home occupation (child care) on Lot 14, Kempsville
Heights, Section 2 (5156 Allyne Road), containing 15,000
square feet (KEMPSVILLE BOROUGH).
Recommendation: APPROVAL
C. Application of JESSE FRANKLIN JACKSON III for a
Conditional Use Permit for a day care and education
center on the South side of Dahlia Drive, 110 feet more
or less West of Windmill Drive (1591 Dahlia Drive),
containing 24,001.56 square feet (KEMPSVILLE BOROUGH).
Recommendation: APPROVAL
d. Application of ENTERPRISE LEASING - RAY MOSS for a
Conditional Use Permit for motor vehicle rentals in the
Holland Plaza Shopping Center, #14, at the Northwest
intersection of South Plaza Trail and Holland Road,
containing 20 acres (KEMPSVILLE BOROUGH).
Recommendation: APPROVAL
e. Application of NEIGHBORHOOD ASSEMBLY OF GOD for a
Conditional Use Permit for a church on the East side of
Princess Anne Road, South of Vaughan Road (1196 Princess
Anne Road), containing 11.649 acres (PUNGO BOROUGH).
Recommendation: APPROVAL
f. Application of CENTURY TOWING SERVICE, INC. for a
Conditional Use Permit for an automobile bulk storage
yard on the West side of Davis Street, 573.05 feet North
of Virginia Beach Boulevard (409 Davis Street),
containing 22,000 square feet (BAYSIDE BOROUGH).
Recommendation: DENIAL
g. Application of C & C DEVELOPMENT, L.L.C., for a Change of
Zoning District Classification from R-7.5 Residential
District and B-2 Community Business District to
Conditional B-1 Neighborhood Business District at the
Southeast corner of Newtown Road and Connie Lane,
containing 1.906 acres (BAYSIDE BOROUGH).
Recommendation: APPROVAL
h. Application of McGINNIS REALTY AND DEVELOPMENT COMPANY
for a Change of Zoning District Classification from R-40
Residential District, containing 7.1 acres, and from R-10
Residential District, containing 10.553 acres, to
Conditional R-10 Residentiall District, 400 feet more or
less East of Diamond Springs Road beginning at a point
920 feet more or less North of Fallbrook Bend, containing
17.653 acres (BAYSIDE BOROUGH).
Recommendation: APPROVAL
i. Application of CENTURY MARK DEVELOPMENT GROUP, L.L.C. for
a Change of Zoning District Classification from AG-1 and
AG-2 Agricultural Districts to Conditional R-5S
Residential District on the East side of Holland Road
beginning at a point 140 feet more or less North of
Saville Garden way, containing 17.22 acres more or less
(PRINCESS ANNE BOROUGH).
Recommendation: APPROVAL
J. Application of OLIVE W. MALBON for a Modification of
Conditions placed on a rezoning (Approved 22 June 1987)
from AG-2 Agricultural District to I-1 Light Industrial
District at the Northwest intersection of Dam Neck Road
and Harper's Road, containing 9.9 acres (PRINCESS ANNE
BOROUGH).
Staff Recommendation: APPROVAL
Planning Recommendation: DENIAL
k. Applications of the CITY OF VIRGINIA BEACH to AMEND and
REORDAIN the City Zoning Ordinance:
(1) Set-back Requirements - Section 501(b) re reduction
of side and rear yard set-back requirements for
certain accessory structures within the R-7.5, R-
5D, R-5R and R-5S Residential Zoning Districts.
Recommendation: APPROVAL
(2) Drive-thru Facilities - Sections 701, 801, 901,
1001, 1501, 1511, 1521 and 1531 re use regulations.
(a) Section 111, by ADDING a definition of a
drive-thru facility and walk-up service.
(b) Section 203 re stack lane requirements for
drive-thru facilities; and, reducing parking
requirements where walk-up service is
provided.
(c) REPEAL Section 233 re drive-in theaters; and,
ADD Section 233 re requirements for a
Conditional Use Permit application for a
drive-thru facility.
(d) Section 1305 re underlying zoning regulations
within the Historic and Cultural District.
Site Plan Ordinance: Section 5A re parking lot
landscape requirements.
Comprehensive Plan: AMEND the Appendix,
establishing design guidelines for drive-thru
facilities.
Staff Recommendation: APPROVAL OF ENTIRE PACKAGE
Planning Recommendation: APPROVAL OF AMENDMENT TO
SECTIONS 1501, 1511 and 1521 (RT-1, RT-2 and RT-3
Districts, East of Arctic Avenue).
(Planning Commission took no action on the
remainder of the package -- No Ordinances)
K. APPOINTMENTS
COMMUNITY SERVICES BOARD
PUBLIC LIBRARY BOARD
SOUTHEASTERN VIRGINIA AREAWIDE MODEL PROGRAM (SEVAMP)
L. UNFINISHED BUSINESS
M. NEW BUSINESS
1. DESIGNATION OF VOTING DELEGATES
a. National League of Cities (NLC)
Annual Conference December 7-10, 1996
N. ADJOURNMENT
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERKIS OFFICE at 427-4303
Hearing impaired, call: TDD only 427-4305
(TDD - Telephonic Device for the Deaf)
08/22/96CMD
AGENDA\08-27-96.PLN
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
August 27, 1996
Mayor Meyera E. Oberndorf called to order the CITY MANAGER'S BRIEFINGS for the VIRGINIA
BEACH CITY COUNCIL in the City Council Conference Room, city Hall Building, on Tuesday, August
27, 1996, at 3:30 P.M.
Council Members present..
John A. Baum Linwood 0. Branck III, Harold Heischober, Barbara M.
Henley, Louisi Jones, Reba S. McCianan, Mayor Meyera E. Oberndorf
Nancy K Parker and Vice Mayor William D. Sessoms, Jr.
Council Meinbers Absent:
William W Harrison, Jr [ENTERED: 3:40 P.M.]
Louisa M. Strayhorn [ENTFRED, 3:45 P.M.]
- 2 -
CITY MANAGER'S BRIEFING
YEAR-END FUND BALANCE - INTERIM FINANCIAL REPORT
3:30 P.M.
ITEM # 41107
Patricia A. Phillips, Director of Finance, distributed copies of the Interim Financial Report and cited Page
2.2.
GENERAL FUND
COMPARISON OF BUDGET TO ACTUAL (Millions)
FY 1995-96 (Unaudited)
Revenues Expenditures
Budgeted 467.4 491.6
Actual 485.0 481.8
Difference 17.6 9.8
Percentage Difference 3.8 2%
GENERAL FUND
1996
(In Millions)
Fund Balance (7/1/95) $ 52.8
Increase 20.5
Fund Balance 6/30/96 $ 73.3
Policy Requirement @ 82 1/2% $ 53.3
Excess $ 20.0
Mrs. Phillips cautioned re the $20-MILLION Excess, gainsharing has not been reserved nor any special
projects by City Council. Thus, this amount could be slightly smaller. The reasons for this 20.5 increase
in the General Fund Balance:
Personal Property Tax ($12-MILLION greater than budgeted).
Real Estate Taxes ($3-MILLION greater than estimated)
Other Local Taxes - 5% (General Sales Taxes,
Hotel/Restaurant Taxes)
Savings (Public Works, Police)
Smaller Year-End Reserve for CIP
Smaller Year-End Encumbrances for Any Other
August 27, 1996
- 3 -
CITY MANAGER'S BRIEFING
YEAR-END FUND BALANCE - INTERIM FINANCIAL REPORT
ITEM # 41107 (Continued)
GENERAL FUND
REAL ESTATE TAXES
Fiscal Year Ended June 30, 1996 (unaudited)
(In Mdfions)
YEAR BUDGET ACTUAL VARL4NCE
1996 $ 212-8 $ 215.7 $ 29
1995 198.0 201.1 3.1
1994 194.9 197.7 2.8
1993 182.4 185.4 3.0
1992 181.8 185.0 3.2
GENERAL FUND
PERSONAL PROPERTY TAXES
Fiscal Year Ended June 30, 1996 (unaudited)
(In MilLions)
YFAR BUDGET ACTUAL VARL4NCE
1996 $ 54.4 $ 66.8 $ 12.4
1995 50.3 58.6 &3
1994 48.8 53.2 4.4
1993 45.2 49.6 4.4
1992 52.0 47.3 (4.7)
1991 50.9 46.7 (4.2)
1990 50.8 48.2 (2.6)
SCHOOL OPERATING SPECIAL REVENUE FUND
SUMMARY STATEMENT OF REVENUES, EXPENDITURES AND DEFICIT
Fiscal Year Ended June 30, 1996 (unaudited)
(In MilUons)
Budget Actual Variance
REVENUES:
State $ 1968 $ 195.8 s (1.0)
Federal 13.5 9.9 (3.6)
Local 145.8 145.8 0.0
Other
Total. @4.
TOTAL EXPENDITURES: "4
Total Revenues over Expenditures
Encumbrances .4
Net After Encumbrances - Actual
August 27, 7996
- 4 -
CITY MANAGER'S BRIEFING
YEAR-END FUND BALANCE - INTERIM FINANCIAL REPORT
ITEM # 41107 (Continued)
The Schools have done a good job despite the fact that Federal and State Revenue sources have
decreased. They were able to hold their expenditures down, receiving $354.1-MILLION AND
EXPENDING $353.6-MILLION.
WATER AND SEWER ENTERPRISE FUND
SUMMARY STATEMENT OF REVENUES, EXPENDITURES AND DEFICIT
Fiscal Year Ended June 30, 1996 (unaudited)
(In Millions)
Budget Actual Variance
REVENUES:
Use of Money & Property $ 5.1 $ 8.3 $ 3.2
Sales of Water 34.2 40.4 6.2
Charge for Services 26.8 27.3 .5
Mains & Recovery Fees
Total.
TOTAL EXPENDITURES: @7
Total Revenues over Expenditures
August 27, 1996
- 5 -
CITY MANAGER'S BRIEFING
MULTI-PURPOSE STADIUM
ITEM # 41108
3:55 P.M.
The City Manager introduced Mark Garcea and Page Johnson, co-owners of the Hampton Roads
Mariners in attendance. Donald Maxwell, Director of Economic Development advised the City has grown
to a point it should seriously consider the development of an expandable sports stadium that could
initially accommodate a minimum of 7,000 spectators. The City currently has ten high school stadiunn
with an average capacity of 3,000 - 5,000. An architect has been selected to design the eleventh high
school to be constructed on the Lake Ridge property. The Hampton Roads Mariners, the pro-soccer
franchise in Virginia Beach have proposed that rather than construct another typical high school facility,
a multi-purpose stadium be constructed on the Lake Ridge property. The stadium would be multi-
purpose, providing a facility for the Mariners team as well as for high school athletics and other regional
events.
Tom Pauls, Comprehensive Planning Co-Ordinator, with the utilization of a map, displayed sites
available (100 acres or larger, north of the Green Line) which are rather limited. The further north, the
more expensive the sites. The undeveloped land is depicted in "green" and the undeveloped land with
environmental constraints is displayed in "orange ".
The estimated design and construction cost for the initial stadium capacity (7,000 seats) is $4.8-
MILLION (conservative estimate) up to approximately $6-MILLION depending upon the quality. If a
30,000 seat stadium is ultimately investigated this would entail an approximate cost of $30-MILLION
(suites, press boxes, luxury boxes, locker rooms, state of the art lights, all of the requirements for
professional play as well as a superior amateur facility). The City currently has 10 high school stadiums
with an average capacity of 3,000 - 5,000. This site presents several benefits:
Contiguous to high school for joint use.
Parking for the first phase can be accommodated on -site and
utilization of the high school parking
Ultimate MLS expansion could utilize amphitheater par*ing
Adequate access currently exists from Dam Neck Road
The school administration has estimated a savings of
approximately $315,000, if they do not construct a high school
stadium on-site.
A portion of the preliminary work would entail a sound and traffic impact for the entire area, not just the
stadium; but the entire Princess Anne Corridor. With the engineering design planning for the ultimate
30,000 seats should be also considered. The Schools have been extremely supportive and City staff is
scheduled to brief the School Board regarding the Joint Use of the facility at the School Board Meeting
of September 16, 1996. Mr. Maxwell referenced the Ordinance and Resolution SCHEDULED for the
Formal Session:
Ordinance to establish a Multi-Purpose Sports Stadium (CIP #9-003);
and APPROPRIATE $100,000 from the fund balance of the General
Fund for preliminary planning and design.
Resolution to direct the City Manager to develop an Agreement of
Understanding with the Virginia Beach Development Authority:
Identification and negotiation of the terms of a transfer by the City of a
site for a proposed Multi-Purpose Sports Stadium;
Identification of funding sources necessary to design and construct said stadium;
Design and construction;
Negotiation of the terms of a long-term lease;
Request the Authority to proceed with preliminary planning and design.
August 27, 1996
- 6 -
CITY MANAGER'S BRIEFING
MULTI-PURPOSE STADIUM
ITEM # 41108 (Continued)
Ihe Hampton Roads Mariners are now the South-Atlantic Champions of the "Select Division " of the
U.S.LS.L. and have advanced to the "Sizzling Six" playoffs for the National Championship title. The first
game will be tonigh4 August 27,1996, at 7:30 P.M. at the Old Dominion University Soccer Complex. This
game will feature the Mariners vs. the Minnesota Thunder. The Mariners' ultimate goal is to pursue
a Major League Soccer franchise in five to seven years. Conceptually, the stadium would initially be built
to hold 6,000-8,000 people and be designed to allow expansion to the 30,000-seat standard for Major
League Soccer (MLS). Mr. Maxwell distributed a picture of a typical major league stadium comprising
approximately 30,000 seats.
A list of other sporting events, ie., Virginia State Games, which could be held at this Multi-purpose
stadium will be Provided. Mr. Maxwell advised this will be encompassed within the study.
Mark Wawner, Project Development Manager, advised multi-purpose stadiunu across the country are
fairly routine. However, these are multi-purpose for amateur sports. Hampton and Newport News have
these stadiums. This City is unique as it has 10 high school fields. Most communities have one major field
on which to play.
Part of the purpose of coordinating with the Development Authority is to allow utilization of procedures,
which can accelerate this schedule. There are no EDIP funds anticipated to pay for this project either
operational or capital costs.
In view of the fact the City will be providing a great deal of the risk capital to make a facility available
for the Mariners and the initial lease is somewhat minimal in terms of debt service incurred to provide
this facility, Mr. Marwell advised the staff will be coordinating with the City Manager, City Attorney and
his staff relative a provision that in the event the Ilamplon Roads Mariners does become a Major League
team there will be a provision within the Agreement to compensate the City,
August 27, 1996
- 7 -
AGENDA REVIEW SESSION
4:50 P.M.
ITEM # 41109
The following items will be discussed further during the Formal Session:
I.1 Ordinance to authorize acquisition of property in fee simple for
right-of-way for Shore Drive intersection improvements (CIP
2-133) and acquisition of temporary and permanent easements,
either by agreement or condemnation.
I.3 Multi-Purpose Sports Stadium:
a. Ordinance to establish a Multi-Purpose Sports Stadium (CIP
#9-003); and, APPROPRIATE $100,000 from the fund
balance of the General Fund for preliminary planning and
design.
b. Resolution to direct the City Ma?iager to develop an Agreement
of Understanding with the Virginia Beach Development
Authority:
(1) Identification and negotiation of
the terms of a transfer by the
City of a site for a proposed
Mufti-Purpose Sports Stadium,
(2) Identification of funding sources
necessary to design and
construct said stadium;
(3) Design and construction,
(4) Negotiation of the terms of a
long-term lease,
and,
(5) Request the Authority to proceed
with preliminary planning and
design.
ITEM # 41110
BY CONSENSUS, the following items shall compose the CONSENT AGENDA:
ORDINANCES/RESOLUTIONS
I.1 Ordinance to authorize acquisition of property in fee simple for
right-of-way for Shore Drive intersection improvements (CIP
2-133) and acquisition of temporary and permanent easements,
either by agreement or condemnation.
I.4 Tax Refunds: $4,151.18.
August 27, 1996
- 8 -
AGENDA REVIEW SESSION
ITEM # 41111
Mayor Oberndorf and Council Lady Strayhorn advised of citizen concerns relative:
Jlb Application of ROBIN L. ROSS for a Conditional Use Permit for a
(child care) on Lot 14, Kempsville Heights, Section 2 (5156 Allyne Road), containing
15,000 square feet (KEMPSVILLE BOROUGH).
Councilman Harrison will forward a letter reflecting a cilizen's concerns relative the Commissioner of the
Revenue taxing every item in her home due to her home occupation as a child care provider.
ITEM # 41112
Council Lady Strayhorn mentioned an error relative Condition No. 2: "The use shall include passenger
car rentals and a maximum of two vans or pick-up trucks not to exceed 14 feet in length." The
condition incorrectly stated 18 feet.
J1d Application of ENTERPRISE LEASING - RAY MOSS for a
Conditional Use Permit for motor vehicle rentals in the Holland
Plaza Shopping Center, #14, at the Northwest intersection of
South Plaza Trail and Holland Road, containing 20 acres
(KEMPSVILLE BOROUGH).
ITEM # 41113
Council Lady Henley requested this item be clarified during the Formal Session relative the plans:
Jle Application of NEIGHBORHOOD ASSEMBLY OF GOD for
a Conditional Use Permit for a church on the East side of
Princess Anne Road, South of Vaughan Road (1196 Princess
Anne Road), containing 11.649 acres (PUNGO BOROUGH).
ITEM # 41114
Councilman Jones advised of citizen's concerns:
Jlh Application of McGINNIS REALTY AND DEVELOPMENT
COMPANY for a Change of Zoning District Clasification from
R-40 Residential District, containing 7.1 acres, and from R-10
Residential District, containing 10.553 acres, to Conditional R-
10 Residential District, 400 feet more or less East of Diamond
Springs Road beginning at a point 920 feet more or less North
of Fallbrook Bend containing 17.653 acres (BAYSIDE
BOROUGH).
ITEM # 41115
Council Lady McClanan wished to express her concerns during the Formal Session:
Jli Application of CENTURY MARK DEVELOPMENT GROUP,
L.L.C. for a Change d Zoning District Classification from
AG-1 and AG-2 Agricultural Districts to Conditional R-5S
Residential District on the East side of Holland Road beginning
at a point 140 feet more or less North of Saville Garden Way,
containing 17.22 acres more or less (PRINCESS ANNE
BOROUGH).
August 27, 1996
- 9 -
AGENDA REVIEW SESSION
ITEM # 41116
Councilman Harrison had concerns. Council Lady McClanan advised this application was at the
intersection of Dam Neck and Harper's Roads and the Planning Commission had ultimately asked they
bring in an acceptable request as it is a Conditional Use Permit. The applicant wishes to construct mini -
warehouses.
J1j Application of OLIVE W. MALBON, for a Modification of
Conditions placed on a rezoning (Approved 22 June 1987) from
AG-2 Agricultural District to I-1 Light Industrial District at
the Northwest intersection of Dam Neck Road and Harper's
Road, containing 9.9 acres (PRINCESS ANNE BOROUGH).
The Planning Commission has recommended DENIAL.
ITEM # 41117
Mayor Oberndorf had concerns and referenced the correspondence of James A. Wood, Chairman of the
Board of Zoning Appeals, requesting the WITHDRAWAL of this Amendment. The Board believes the
Planning Commission's revision to limit the set-back reduction to these lots having an area no greater
than 7,500 square feet within the R- 7.5, R-5D, R-5R and R-5S Districts is burdensome upon applicants
and staff.
J1k Applications of the CITY OF VIRGINL4 BEACH to AMEND
and REORDAIN the City Zoning Ordinance:
(1) Set-back Requirements - Section 501(b) re reduction of side
and rear yard set-back requirements for certain accessory
structures within the R-7.5, R-5D, R-5R and R-5S
Residential Zoning Districts.
ITEM # 41118
Vice Mayor Sessoms referenced his possible conflict of interest re the addition of financial institutions to
the Drive-thru Ordinance. The City Attorney advised he would not be in conflict. Council Lady McClanan
expressed concern relative the items referencing the Drive-thru Facilities on which the Planning
Commission did not take action. Assistant City Attorney Macali advised these items did not have to be
discussed. Only the Planning Commission recommended Amendments to Sections 1501, 1511 and 1521
(RT-1, RT-2 and RT-3 Districts, east of Arctic Avenue) would be subject to consideration:
J1k
(2) Drive-thru Facilities - Sections 701, 801, 901, 1001, 1501,
1511, 1521 and 1531 re use regulations.
No action was required on the following items. They were listed on the agenda only because they were
advertised.
(a) Section 111, by ADDING a definition of a drive-thru facility and walk-up
service.
(b) Section 203 re stack lane requirements for drive-thru
facilities; and reducing parking requirements where walk-up
service is provided
(c) REPEAL Section 233 re drive-in theaters; and ADD Section
233 re requirements for a Conditional Use Permit application
for a drive-thru facility.
(e) Section 1305 re underlying zoning regulations within the
Historic and Cultural District.
Site Plan Ordinance: Section 5A re parking lot landscape requirements.
Comprehensive Plan: AMEND the Appendix, establishing design
guidelines for drive-thru facilities.
August 27, 1996
- 10 -
AGENDA RE VIEW SESSION
ITEM # 41119
BY CONSENSUS, the following items shall compose the PLANNING BY CONSENT AGENDA:
J1a Application of LEDESA LAND COMPANY, a Virginia
General Partnership, for the discontinuance. closure and
abandonment of a portion of a fifteen-foot (15') alley located
between Lots 9 and 21, Block 20, Croataii Beach, containing
750 square feet (LYNNHAVEN BOROUGH)
Jlc Application of JESSE FRANKLIN JACKSON III for a
Conditional Use Permit for a day care and education center on
the South side of Dahlia Drive, 110 feet more or less West of
Windmill Drive (1591 Dahlia Drive), containing 24,001.56
square feet (KEMPSVILLE BOROUGH).
Jld Application of ENTERPRISE LEASING - RAY MOSS for a
Conditional Use Permit for motor vehcile rentals in the Holland
Plaza Shopping Center, #14, at the Northwest intersection of
South Plaza Trail and Holland Road, containing 20 acres
(KEMPSVII,LE BOROU(-Yll).
* Jlf Application of CENTURY TOWING SERVICE, INC. for a
Conditional Use Permit for an automobile bulk storage yard on
the West side of Davis Street, 573.05 feet North of Virginia
Beach Boulevard (409 Davis Street), containing 22,000 square
feet (BAYSIDF B(@ROU(,I]).
** Jlg Application of C & C DEVELOPMENT, L.L.C., for a Change
of Zoning District Classirication from R-7.5 Residential
District and B-2 Community Business District to conditional
B-1 Neighborhood Business District at the Southeast corner of
Newtown Road and Connie Lane, containing 1.906 acres
(R4YSIDE BOROU(,Il).
*WILL BE WITHDRAWN BY CONSENT.
**R7LL BE DEFERRED BY CONSENT
August 27, 1996
- 11 -
ITEM # 41120
Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the City Council Conference Room, City Hall Building, on Tuesday, August 27, 1996, at
5:05 P.M.
Council Members Present.-
John A. Baum, Linwood 0. Branch, III, William W. Ilarrisoii, Jr., Ilarold
Heischober, Barbara M Ileiilcy, Louis R. Jones, Reba .5. McClaitall,
Mayor Meyera E. Oberndorf, Nancy K Iarker. Vice Mayor William D.
Sessoms, Jr. and Louisa M. .5trayhorn
Council Members Absent:
None
August 27, 1996
- 12 -
ITEM # 41121
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:
PERSONNEL MATTERS: Discussion or consideration of or interviews
of prospective candidates for employment, assignment, appointment,
promotion, performance, demotion, salaries, disciplining, or resig@iation
of specific public officers, appoiyilees, or employees pursuant to Section
2.1-344 (A) (1).
To-Wit: Appointments - Boards, and Commissions:
Community Services Board
Southeastern Virginia Areawide Model Program
PUBLICLY HELD PROPERTY: Discussion or consideration of the
condition, acquisition, or use of real property for public purpose, or of
the disposition ofpublicly-held property, or of plaits for the future of all
institution which could affect the value of property owned or desirable for
ownership by such institution pursuant to Section 2.1-344(A)(3).
To - Wit: Harbor Point Drive
Acquisition of Property - Southeastern Parkway and Greenbelt
LEGAL MATTERS: Consultation with legal counsel or briefings by staff
members, consultants, or attorneys pertaining to actual or probable
litigation, or other specific legal matters requesting the provivion of legal
advice by counsel pursuant to .5ectioit 2.1 - 344(A) (7).
To - Wi t: School Board Deficit
Sunstates Conditional Use Permit
Upon motion by Vice Mayor Sessoms. seconded by Council Lady Strayhorb, City Council voted to proceed
into EXECUT@ SESSION.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Brayich, III, William W. Ilarriso?i, Jr., Ilarold
Heischober, Barbara M. Henley, Louis R Jo@ies, Reba 5. McClaiiaii,
Mayor Meyera E. Oberndorf Nancy K I'arker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorti
Council Members Voting Nay:
Non e
Council Members Absent.-
None
August 27, 1996
- 13 -
FORMAL SESION
VIRGINIA BEACH CITY COUNCIL
August 27, 1996
6:30 P.M.
Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the Council Chamber, City Hall Building, on Tuesday, August 27, 1996, at 6:30 P.M.
Council Members Present:
John A. Bawn, Linwood 0. Branch, If[, William W. Ilarrison, Jr., Harold
Heischober, Barbara M. Ilenley, Louis R. Jones, Reba .5. McClanan,
Mayor Meyera E Oberndorf, Naiicy K Ilarker, Vice Mayor tvilliam D.
Sessoms, Jr. and Louisa M .5trayho"i
Council Members Absent:
None
INVOCATION.- Reverend Barnett 7horoughgood
New Jerusalem Church
PLEDGE OF ALLEGIANCE TO THE FL4G OF THE UNITED STATES OF AMERICA
August 27, 1996
- 14 -
Item Y-E.
CERTIFICATION OF
EXECUTIVE SESSION
ITEM # 41121
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, 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 5ession 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
Virginia Beach City CounciL
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branch, III, William W Ilarrison, Jr., Ilarold
Heischober, Barbara M. Iletiley, Louis R. Jones, Reba .5. McClanaii,
Mayor Meyera E. Oberndorf, Nancy K Parker, rice Mayor William D.
Sessoms, Jr. and Louisa M. 51rayhorn
Council Members Voting Nay:
None
Council Members Absent.-
None
August 27, 1996
ltoolnt4l,
ton
CERTIFICATION OF EXECUTIVE SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION,
pursuant to the affirmative vote recorded in ITEM # 41121 Page No. 12 and in accordance with
the provisions of The 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, (b) 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.
Rdth Hodges.5mith, CMC/AAE
City Clerk August 27, 1996
- 15 -
Item V-El.
MINUTES ITEM # 41122
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Henley, City Council APPROVED, the
Minutes of the INFORMAL AND FORMAL SESSIONS of August 13, 1996.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branch, III, William W Ilarriso),, Jr., IIarold
Heischober, Barbara M. Ile@)ley, Louis R. Jones, Reba S McClaiiait,
Mayor Meyera E. Obe"tdorf, Naticy K I'arker, rice Mayor William D.
Sessonts, Jr. and Louisa M. .5trayho"i
Council Members Voting Nay:
None
Council Members Absent:
None
August 27, 1996
- 16 -
Item V- G. 1.
ADOPT AGENDA
FOR FORMAL SESSION ITEM # 41123
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
August 27, 1996
- 17 -
Item V- G. 2
INTRODUCTION
ITEM # 41124
Mayor Oberndorf introduced the Boy Scouts in attendance to earn their Citizenship in the Community
Merit Badges.
PROVIDENCE PRESBYTERIAN CHURCH
TROOP 12
August 27, 1996
- 18 -
lkm V- G. 3
ITEM # 41125
Louis Cullipher, Director of Agriculture, advised on Thursday, August 2Z 1996, two-thirds of the
Farmers Market was destroyed by Friday. Eight merchants no longer have a place of business. The area
that was not damaged is also without power and water. The office and restaurant had severe smoke
damage.
Contractors are being hired to expedite restoration of water and power. The staff is also exploring
temporary shelter for those merchants in the form of tents on the truck lot. The staff is meeting on
Wednesday, August 27, 1996, to evaluate the County Fair Day, which is in partnership with the Neptune
FestivaL. Due to a lack of lighting, 24-hour security has been instituted. Mr. Cullipher commended Sheriff
Drew for the security this weekend and Chief Diezel for his prompt response and perseverance to control
the fire. Removal of debris will commence tomorrow, August 28, 1996.
August 27, 1996
- 19 -
Item V-L
CONSEAT AGENDA
ORDINANCES/RESOLUTIONS ITEM # 41126
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council APPROVED
BY CONSENT in ONE MOTION Items 1 and 4.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Brancl; III, William W Harrison, Jr., Harold
Heischober, Barbara m Henley, Louis R Jones, Reba S. McClanan,
MaYor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Meinbers Voting Nay:
None
Council Members Absent.
None
August 27, 1996
- 20 -
item V-Ll.
CONSENT AGENDA
ORDINANCES/RESOLUTIONS ITEM # 41127
Upon motion by Vice Mayor Sessoms, sccotided by Council Lady Strayhorn, City Council ADOPTED:
Ordinance to authorize acquisition of property in fee simple for right-
of-way for Shore Drive intersection improvements (CIP 2-133) and
acquisition of temporary and permanent easements, either by agreement
or condemnation.
Voting: 11-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood 0. branch, III, William W. Ilarrisoit, Jr., Ilarold
Ileischober, Barbara M. liettley, Louis R. Jo@ies, Reba @. McClatiaii,
Mayor Meyera E Obenidorf, Naitcy K Iarker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorii
Council Members Voting Nay:
Non e
Council Members Absent:
None
August 27, 1996
1 AN ORDINANCE TO AUTHORIZE
2 ACQUISITION OF PROPERTY
3 IN FEE SIMPLE FOR RIGHT
4 OF WAY FOR SHORE DRIVE
5 INTERSECTION IMPROVEMENTS
6 (CIP 2-133) AND THE
7 ACQUISITION OF TEMPORARY
8 AND PERMANENT EASEMENTS,
9 EITHER BY AGREEMENT OR
10 CONDEMNATION
11 WHEREAS, in the opinion of the Council of the City of
12 Virginia Beach, Virginia, a public necessity exists for the
13 construction of this important roadway to provide transportation
14 and for other public purposes for the preservation of the safety,
15 health, peace, good order, comfort, convenience, and for the
16 welfare of the people in the city of Virginia Beach:
17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
18 OF VIRGINIA BEACH, VIRGINIA:
19 Section 1. That the City Council authorizes the
20 acquisition by purchase or condemnation pursuant to Sections 15.1-
21 236, at @., 15.1-898, 15.1-899, and Section 33.1-89, at @.,
22 Title 25-46.1 et @., Code of Virginia of 1950, as amended, all
23 that certain real property in fee simple, including temporary and
24 permanent easements of right of way as shown on the plans for the
25 Shore Drive Intersection Improvements project, CIP 2-133, these
26 plans being on file in the Engineering Division, Department of
27 Public Works, City of Virginia Beach, Virginia.
28 Section 2. That the City Manager is hereby authorized
29 to make or cause to be made on behalf of the City of Virginia
30 Beach, to the extent that funds are available, a reasonable offer
31 to the owners or persons having an interest in said lands. If
32 refused, the city Attorney is hereby authorized to institute
33 proceedings to condemn said property.
34 Adopted by the Council of the city of Virginia Beach,
35 Virginia, on the 27 day of August 1996.
36 TK/JCL/tga
37 07/08/96
38 h:\wp\kennedy\shoredr.ord APPROVED AS TO CONTENT
39 @ '. @@e,
40 0 ty Real @state Agent
SHORE DRIVE INTERSECTIONS
CIP #2-133
SCALE: 1 400'
- 21 -
Item V-L2.
ORDINANCES/RESOLUTIONS ITEM # 41128
Upon motion by Councilman Heischober, seconded by Vice Mayor Sessoms, City Council ADOPTED:
Multi-Purpose Sports Stadium:
a. Ordinance to establish a Multi-Purpose Sports Stadium (CIP
#9-003); and, APPROPRIATE $100,000 from the fund
balance of the General Fund for preliminary planning and
design.
b. Resolution to direct the City Manager to develop an Agreement
of Understanding with the Virginia Beach Development
Authority:
(1) Identification and negotiation of the terms of a transfer by the
City of a site for a proposed Multi-Purpose Sports Stadium;
(2) Identification of funding sources necessary to design and
construct said stadium;
(3) Design and construction;
(4) Negotiation of the terms of a long-term lease;
and
(5) Request the Authority to proceed with preliminary planning
and design.
Voting: 9-1
Council Members Voting Aye:
John A. Baum, Linwood 0. Branch, III, Ilarold licischober, Barbara M.
Henley, Louis R. Jones, Mayor Mtyera E. Obenidorf, Naitcy K Ilarker,
Vice Mayor William D. 5(,ssoms, Jr. and Louisa M. @trayhoryt
Council Members Voting Nay:
Reba S. McClatiaii
Council Members Abstaining:
William W. liarrisori, Jr.
Council Meinbers Absent.-
None
Councilman Harrison ABSTAINED as his law firm prot,ides legal services for Mr. Mark (iarcea, who
is a potential lessee of this Multi-Purpove .5fadium.
August 27, 1996
I AN ORDINANCE TO ESTABLISH A MULTI-PURPOSE
2 SPORTS STADIUM CIP PROJECT #9-003, AND TO
3 APPROPRIATE $100,000 FROM THE FUND BALANCE OF
4 THE GENERAL FUND FOR PREL@ARY PLANNING
5 AND DESIGN
6 AS, City Council has identified that the design and construction of an
7 expandable multi-purpose sports stadium will have a positive economic impact to the City;
8 WHEREAS, the stadium, to be constructed on the Lake Ridge Property, would
9 provide a facility for professional as well as for high school athletics and other regional events;
10 WHEREAS, the preliminary planning and design of the stadium, to be done in
I I cooperation with the Virginia Beach Development Authority, is estimated to cost $100,000
1 2 with fmancing to come from the Fund Balance of the General Fund.
1 3 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
1 4 OF VIRGENIA BEACH, that the Multi-Use Sports Stadium Project #9-003 is hereby
I 5 established as a project in the Capital Improvement Program;
1 6 BE IT FURTHER ORDAINED that funds in the amount of $100,000 be appropriated
17 from the Fund Balance of the General Fund to project #9-003 to fund preliminary planning and
18 design of a multi-use sports stadium.
19 This ordinance shall be in effect from the date of its adoption.
20 Adopted the 27 day of August, 1996, by the Council of the City of
21 Virginia Beach, Virginia.
A RESOLUTION DIRECTING THE CITY
MANAGER TO DEVELOP AN AGREEMENT OF
UNDERSTANDING WITH THE VIRGINIA
BEACH DEVELOPMENT AUTHORITY (THE
"AUTHORITY") TO ACCOMPLISH THE
FOLLOWING: (1) IDENTIFICATION AND
NEGOTIATION OF THE TERMS OF A
TRANSFER BY THE CITY OF A SITE FOR A
PROPOSED MULTI-PURPOSE SPORTS
STADIUM (THE "FACILITY"); (2)
IDENTIFICATION OF FUNDING SOURCES
NECESSARY TO DESIGN AND CONSTRUCT
THE FACILITY; (3) DESIGN AND
CONSTRUCTION OF THE FACILITY; (4)
NEGOTIATION OF THE TERMS OF A LONG
TERM LEASE OF THE FACILITY TO, AND
OPERATION BY, A SELECTED
OPERATOR/LESSEE; (5) REQUESTING THE
AUTHORITY TO PROCEED WITH
PRELIMINARY PLANNING AND DESIGN OF
THE FACILITY
WHEREAS, the design and construction of an
expandable multi-purpose sports stadium (the "Facility") has been
identified by City Council as a desirable development project which
would contribute to the quality of life in the City, have a
positive economic impact and provide a facility that would be
compatible with and supportive of other recreational and school
facilities and activities in the City; and
WHEREAS, the City Council desires the Authority to
proceed with preliminary planning and design work for the Facility
at a cost not to exceed $100,000.00; and
WHEREAS, in order to ensure the Facility's success,
it is necessary to engage the assistance of an operator/lessee in
the final site selection process, and to work directly with the
operator/lessee during the entire development process up to, and
including, design and construction of the facility, and its lease
to, and operation by, the selected operator/lessee;
WHEREAS, the City of Virginia Beach Development
Authority (the "Authority") was specifically created for the
purpose of fostering and stimulating economic development in the
City and,
WHEREAS, based on the Authority's expertise and
flexibility in project development, the city Council requests the
Authority to proceed with the selection of an operator/lessee, the
selection of a final site for the Facility and, upon approval of
the City's level of participation in the Facility, the development
of the Facility for lease to, and operation by, the selected
operator/lessee.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
That the City Manager is authorized and directed to
develop an "Agreement of Understanding" with the Authority which
would accomplish the following:
1. Identification and negotiation of the terms of
a sale or transfer of a site for the Facility on terms to be
approved by City Council.
2. Identification of funding sources necessary to
design and construct the Facility.
3. Design and Construction of the Facility.
4. Negotiation of the terms of a long term lease of
the Facility to, and operation by, a selected operator/lessee.
5. Requesting the Authority to proceed with
preliminary planning and design of the Facility at a cost not to
exceed $100,000.00.
Adopted by the Council of the City of Virginia
Beach, Virginia, on the 27 day of August 1996.
CA-6409
ORDIN\NONCODE\CA6409.RE3
R-1
R-2
R-3
R-4
AS TO
ICIENCY
- 22 -
Item V-L3.
ORDINANCES/RESOLUTIONS ITEM # 41129
OPPOSED TO DESIGN OF BUILDING:
Dan Creedon, 2605 Heston Road, represented Cape Henry Shores Civic Association
Andy Anderson, 3009 Cape Henry Drive, Phone: 496-0272, represented the Lynnhaven Colony Civic
League
OPPOSED TO RESOLUTION.
Attorney Michael B. Hamar 555 Main Street. 14th Floor, Norfolk, represented Tidewater Westminister
Homes, Inc.
Manning C. Merritt, 1908 W. Twin Cove Road, Phone: 481-3007, represented Tidewater Westminister
Homes, Inc.
Upon motion by Councilman Harrison, seconded by Vice Mayor Sessoms, City Council ADOPTEI):
Resolution to confirm the intent and understanding of the City Council
re the Conditional Use Permit (CUP) granted to Tidewater Westminster
Homes, Incorporated, for a home for the aged at Shore Drive and
Sunstates Court (LYNNHAVEN BOROUGH).
(Sponsored by Councilman W. W. Harrison, Jr.)
Councilman Harrison stated: "The purpose of this Resolution is to do two things: One, to declare the
understanding and intent of this Council in this matter and state that the rental of less than all of 109
units for the amount represented, would be in clear violation of the Conditional Use Permit. Finally, it
requests the responsible parties to remove the burned structure as soon as possible, to remove a terrible
eye sore from a very attractive area of our City."
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Ilrailc& III. William W Ilarrison, Jr., IIarold
Heischober, Barbara M. Ileiiley, Louis R. Jones, Mayor Meyera F.
Oberndorf Nancy K I'arker, Price Mayor William D. Sessoms, Jr. and
Louisa M. Strayho"i
Council Members Voting Nay:
None
Council Members Abstaining:
Reba S. McClanan
Council Members Absent:
Non e
Council Lady McClanan ABSTAINED, as she was not a Member of the City Council during the
consideration of the applications of Tidewater Wevtmiiister Ilomes, Inc. and the ';unstates Bond
Resolution; ani4 therefore could not confirm the intent and understanding of the City CouticiL
August 27, 1996
Requested by Councilman W. W. Harrison, Jr.
1 A RESOLUTION CONFIRMING THE INTENT AND UNDERSTANDING OF
2 THE CITY COUNCIL CONCERNING THE CONDITIONAL USE PERMIT
3 GRANTED TO TIDEWATER WESTMINSTER HONES, INCORPORATED, FOR
4 A HOME FOR THE AGED AT SHORE DRIVE AND SUNSTATES COURT,
5 IN THE BOROUGH OF LYNNHAVEN
6 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
7 VIRGINIA:
8 WHEREAS, on June 27, 1995, upon the application of Tidewater
9 Westminster Homes, Inc. (hereinafter "the Applicant"), the City
10 Council granted a conditional use permit for a home for the aged,
11 consisting of 109 apartment units, on certain property located on
12 the southwest corner of Shore Drive and Sunstates Court, in the
13 Borough of Lynnhaven; and
14 WHEREAS, on July 11, 1995, by reason of concerns regarding the
15 density, design, bulk, siting, lot coverage and other features of
16 the proposed home for the aged, the City Council voted to
17 reconsider such application; and
18 WHEREAS, on August 22, 1995, in accordance with established
19 procedures, and after having given due notice to the Applicant and
20 others as required by law, the City Council held a public hearing
21 on reconsideration of the application, at which public hearing the
22 Applicant was represented by counsel; and
23 WHEREAS, at the said public hearing, it was represented to the
24 City Council by the Applicant's attorney that rents for the
25 apartment units in the home would be approximately ($550.00) per
26 month, including all utilities except cable television and
27 telephone; and
28 WHEREAS, in connection with the aforesaid representation
29 regarding the rent structure of the proposed home for the aged,
30 there was no mention or other indication that only some, but not
31 all, of the 109 units would be rented at approximately $550.00 per
32 month; and
33 WHEREAS, in reliance on the aforesaid representation, the City
34 Council concluded that rents for all 109 of the apartment units
35 would be approximately $550.00 per month, such that the granting of
3 6 the application and resulting construction of the home for the aged
37 would provide a substantial number of living units for elderly
38 persons of low and moderate income, thereby positively addressing
39 a serious and growing public need for affordable housing for
40 members of a rapidly-expanding segment of the population; and
41 WHEREAS, notwithstanding its expressed concerns about the
42 design, bulk, siting, lot coverage and other features of the
43 proposed home for the aged, the City Council made a legislative
44 determination that the provision of 109 units for elderly persons
45 of low and moderate income outweighed the aforesaid concerns, and
46 accordingly reaffirmed, with amended conditions, the prior granting
47 of the conditional use permit; and
48 WHEREAS, had it been represented or otherwise made to appear
49 to the City Council that less than all 109 units would have such
50 rental rates, it would have been the judgment of the City Council
51 that the design, bulk, siting, lot coverage and other features of
52 the proposed home for the aged would have rendered the granting of
53 the application contrary to the public interest and good zoning
54 practice, such that the City Council would have denied the
55 application; and
56 WHEREAS, Amended Condition No. 4 states, "[The] Project will
57 be financed and will comply with federal low/moderate income
58 housing requirements for the initial 15-year period"; and
59 WHEREAS, by letter of October 16, 1995, addressed to the Mayor
60 and members of the City Council, the attorney for Sunstates House
61 Limited Partnership (hereinafter "Sunstates"), of which the
62 Applicant is the controlling shareholder of the General Partner,
63 requested that the City Council "adopt a resolution (hereinafter
64 'Bond Resolution') approving the issuance by the City of Virginia
65 Beach Development Authority of its multifamily housing revenue
66 bonds in an amount not to exceed $7,300,000 for the benefit of
67 Sunstates to assist in financing the construction and development"
68 of the proposed home for the aged; and
2
69 WHEREAS, in such letter, the attorney for Sunstates stated
70 that only twenty per cent (20%) of the units, or a total of twenty-
71 two (22) units, would be set aside for rental to elderly persons of
72 low income, at a projected rental of $475.00 per month for a period
73 of fifteen (15) years, and that the remaining eighty-seven (87)
74 units would have a projected rental rate of $795.00 per month; and
75 WHEREAS, by letter of October 23, 1995, addressed to the Mayor
76 and members of the City Council, the attorney for Sunstates
77 explained the apparent discrepancies between the statements
78 concerning the projected rental rates contained in his letter of
79 October 16, 1995 and the representations concerning such rates made
80 by the Applicant's attorney on August 22, 1995 by stating that it
81 was the preference and intention of Sunstates to secure financing
82 (hereinafter "9% Credit Financing") which would, if granted, allow
83 it to rent all 109 apartment units at the rate of $538.50 per
84 month, but that, solely as an alternative, "fall back" position to
85 be used in the event it failed to qualify for such preferred method
86 of financing, Sunstates also would seek the approval by the City
87 Council of the issuance by the Development Authority of the
88 aforesaid multifamily housing bonds; and
89 WHEREAS, on October 24, 1995, the City Council considered the
90 proposed Bond Resolution, at which time it was clearly stated by
91 various members of the City Council that, in voting to reaffirm the
92 granting of the conditional use permit, they had relied on the
93 representation of the Applicant's attorney that all 109 units would
94 be rented for approximately $550 per month; and
95 WHEREAS, during the aforesaid hearing on the proposed Bond
96 Resolution, the attorney for, and other representatives of,
97 Sunstates stated that they could not guarantee that all 109 units
98 would be rented for such amount, as a result of which the City
99 Council indefinitely deferred action upon the Bond Resolution; and
100 WHEREAS, Sunstates, application for 9% Credit Financing was
101 thereafter rejected; and
3
102 WHEREAS, on August 7, 1996, the proposed home for the aged,
103 which was then under construction, was seriously damaged, or
104 substantially destroyed by fire;
105 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
106 VIRGINIA BEACH, VIRGINIA:
107 1. That the City Council hereby declares that, in its August
108 22, 1995 reaffirmance of the granting of the conditional use
109 permit, it relied upon the representation made on behalf of the
110 Applicant that rents for the apartment units would be approximately
ill $550.00 per month;
112 2. That it was the clear understanding of the City Council,
113 based upon such representation, that all 109 of the units, rather
114 than a lesser number thereof, would be rented for such amount;
115 3. That if it had been represented to the City Council that
116 fewer than all 109 units would be rented for such amount, it would
117 not have reaffirmed the granting of the conditional use permit, but
118 would instead have denied the application;
119 4. That, in imposing Amended Condition No. 4, it was the
120 intent of the City Council that rents for all 109 apartment units
121 would be required to be approximately $550.00 per month for the
122 initial 15-year period;
123 5. That it was only upon review of the letter of October 16,
124 1995, referred to hereinabove, that the City Council learned that
125 the Applicant or Sunstates contemplated renting fewer than all 109
126 units for approximately $550.00 per month; and
127 6. That in the event the proposed home for the aged is
128 reconstructed, and any of the 109 units are rented for amounts
129 substantially greater than $550.00 per month, the City Council
130 reserves the right to take such action to enjoin or abate such
131 violation, including, without limitation, revocation of the
132 conditional use permit pursuant to Section 221 of the City Zoning
133 Ordinance, as is allowed by law.
134 WHEREAS, the remains of the proposed structure are located in
135 the Shore Drive Corridor, a major entryway into the City's Resort
136 Area, a highly visible and prominent location; and
4
137 WHEREAS, in its present condition, the site is an eyesore and
138 a detriment to the area;
139 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
140 BEACH, VIRGINIA:
141 The owners of the property, or such other persons or entities
142 as are authorized to do so, are hereby requested to raze the
143 remains of the structure and restore the site to its pre-
144 construction condition as soon as possible.
145 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
146 BEACH, VIRGINIA:
147 That the City Clerk is hereby directed to forward a true copy
148 of this Resolution to the aforesaid attorneys of record for
149 Tidewater Westminster Homes, Inc. and Sunstates House Limited
150 Partnership.
151 Adopted by the Council of the City of Virginia Beach,
152 Virginia, on this 27 day of August 1996.
153 CA-96-6414
154 wmordres\sunstates.res
155 R-2
156 8-21-96
5
- 23 -
Item V-L4
CONSENT AGENDA
ORDINANCES/RESOLUTIONS ITEM # 41130
Upon motion by Vice Mayor Sessoms, sccotided by Council Lady Strayhorn, City Council ADOPTED:
Ordinance authorizing tax refunds in the amount of $4,151.18 upon
application of certain persons and upon Certification of the City
Treasurer for payment.
Voting: 11-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood 0. Ilranch, III, William W Harrison, Jr., Ilarold
Heischober, Barbara M. Henley, Louis R. Jones, Reba 5. McClanall,
Mayor Meyera E. Oberndorf, Naiicy K I'arker, tice Mayor William I).
Sessoms, Jr. and Louisa M. .5trayhont
Council Members Voting Nay:
None
Council Members Absent:
None
August 27, 1996
RM NO. C.A. 7
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for tax refunds upon certification of the Treasurer are hereby approved:
NAME Tax Type Ticket Exon 0ra. Date Penalty lnt. Total
Year of Tax Number tion No. P aid
Knight Dudley Clarke & Dolph 96 RE(1/2) 037919- 7 12/5/95 59.40
Knight Dudley Clarke & Dolph 96 RE(2/2) 037919- 7 6/5/96 59. 40
Knight Dudley Clarke & Dolph 95 RE(1/2) 0371 10 - 5 11/25/94 57. 00
Knight Dudley Clarke & Dolph 95 RE(2/2) 037110- 5 5/19/95 57. 00
Knight Dudley Clarke & Dolph 94 RE(1/2) -36898- 6 12/2/ 93 57. 00
Knight Dudley Clarke & Dolph 94 RE(2/2) 036898-6 5/31/94 57. 00
Signet Mortgage Corp 96 RE(1/2) 122111-3 12/5/95 580.11
Signet Mortgage Corp 96 RE(2/2) 122111-3 5/17/96 580.11
Signet Mortgage Corp 95 RE(1/2) 120460-5 12/5/94 417.50
Signet Mortgage Corp 95 RE(2/2) 120460-5 6/5/95 417.50
Signet Mortgage@Corp 94 RE(1/2) 119512-6 11/22/93 417,49
Signet Mortgage Corp 94 RE(2/2) 119512-6 5/23/94 417.49
Life Savings Bank FSB 96 RE(1/2) 068368-8 12/5/95 385.03
Long Island Savings Bank 96 RE(1/2) 087809-5 12/5/95 579.15
Walter DeForest 96 Dog V25352 7/17/96 10@oo
Total 4,151.18
This ordinance shall be effective from date of adoption.
The above abatements totaling Certi pa
$4,151.18 were approved by
the Council of the City of Virginia
Beach on the 27 day of August 1996
Johf.-AtiHns'(
Approved as to form:
Ruth Hodges Smith
City Clerk
Le@@
- 24 -
Item V-J.
PUBLIC HEARING ITEM # 41131
PLANNING
Mayor Oberndorf DECLARED a PUBLIC HEARING on:
PLANNING
a. LEDESA LAND COMPANY, STREET CLOSURE
A VIRGINIA GENERAL PARTNERSHIP
b. ROBIN L. ROSS CONDITIONAL USE PERMIT
c. JESSE FRANKLIN JACKSON CONDITIONAL USE PERMIT
d. ENTERPRISE LEASING - RAY MOSS CONDITIONAL USE PERMIT
e. NEIGHBORHOOD ASSEMBLY OF GOD CONDITIONAL USE PERMIT
f. CENTURY TOWING SERVICE, INC CONDITIONAL USE PERMIT
g. C & C DEVELOPMENT, L.L.C. CHANGE OF ZONING
h. McGINNIS REALTY AND DEVELOPMENT COMPANY CHANGE OF ZONING
i. CENTURY MARK DEVELOPMENT GROUP, L.L.C. CHANGE OF ZONING
j. OLIVE W. MALBON MODIFICATION OF
CONDITIONS
(6/22/97 COZ)
k. CITY ZONING ORDINANCE AMENDMENTS
(1) Set-back requirements Section 501(b)
(2) Drive - Thru Facilities Sections 701, 801, 901, 1001,
1501, 1511, 1521 and 1531 re
use regulations.
Sections 111, 203, 233 and 1305
Section 5 A Site Plan Ordinance
Comprehensive Plan
August 27, 1996
- 25 -
Item V-.L
PUBLIC HEARING ITEM # 41132
PLANNING BY CONSENT
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council APPROVED
in ONE MOTION Items 1a, c, d, f and g. of the PLANNING BY CONSENT Items.
Item J.I.f was WITHDRAWN BY CONSENT
Item il.g. was DEFERRED BY CONSENT until the City Council Session of September 24, 1996 BY
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Brancl; III, William W Harrison, Jr., Harold
Heischober, Barbara M Henley, Louis R Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Meinbers Voting Nay:
None
Council Members Absent:
None
August 27, 1996
- 26 -
Item V-J.Ia.
PUBLIC HEARING ITEM # 41133
PLANNING BY CONSENT
Upon motion by Vice Mayor Sessoms, seconded by Councilman Baum, City Council APPROVED the
application of LEDESA LAND COMPANY, a Virginia General Partnership, for the discontinuance,
closure and abandonment of a portion of a fifteen-foot (15) alley subject to compliance of conditions by
February 27, 1996.
Application of Ledesa Land Company, A Virginia General Partnership,
for the discontinuance, closure and abandonment of a portion of a 15
foot alley located between lots 9 and 21, Block 20, Croatan Beach. Said
parcel contains 750 square feet. LYNNHAVEN BOROUGH.
The following conditions shall be required:
1. The City Attorney's Office shall make the final determination
regarding ownership of the underlying fee. The purchase price
to be paid to the City shall be determined according to the
"Policy Regarding Purchase of City's Interest in Streets
Pursuant to Street Closures, " approved by City Council.
Copies of the policy are available in the Planning Department.
All funds generated from this purchase shall be deposited in the
Croatan Beach Access Account and utilized by the City to
purchase additional access to the beach in the Croatan area at
an appropriate location.
2. The applicant is required to resubdivide the property and
vacate internal lot lines to incorporate the closed area into the
adjoining parcels and create one residential lot. The plat must
be submitted and approved for recordation prior to final
approval.
3. The site shall be developed in accordance with Article 16,
Coastal Primary Sand Dune Zoning Ordinance.
4. Closure of the right-of-way shall be contingent upon
compliance with the above-stated conditions within 180 days
of approval by City Council (25 February 1997).
Voting: 11-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood 0. Branck III, William W Harrison, Jr., Harold
Heischober, Barbara M Henley, Louts R Jones, Reba S. McClanan,
MaYor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D.
Sesso?w, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent,-
None
August 27, 1996
- 27 -
Item V-J.Ib.
PUBLIC HEARING ITEM # 41134
PLANNING
The following spoke in SUPPORT of the application:
Robin Ross, 5156 Allyne Road, Phone: 497-0879
Serena Flick, 3121 Hilburn Drive, Chesapeake, Phone: 558-0835
Ronda Loftis, 709 Tucson Road, Phone: 467-2005
Samantha Springer, 1502 Dobbs Lane, Phone: 436-3808
Lorene Fogle, 5157 Allyne Road, Phone: 490-1010
Elaine Lawson, 741 Lord Nelson Drive, Phone: 495-0633
Gladys L. Perkins, 5152 Allyne Road, Phone: 497-0478
Elizabeth Crothers, 5149 Alyne Road
Dora Spruill,4 5153 Aners Road
The following spoke in OPPOSITION:
Bob S. Turner, 263 South Witchduck Road, Phone: 497-2338 (Petition submitted in Opposition)
D. L. McBride, 244 Brickhaven Road, Phone: 497-6666
Pattie A. Wharton, 5148 Allyne Road, Phone: 497-2278
Evelyn Marks, 5160 Allyne Road, Phone: 497-4703
Upon motion by Council Lady Strayhorn, seconded by Council Lady McClanan, City Council DENIED
Ordinance upon application of ROBIN L. ROSS for a Conditional Use Permit
ORDINANCE UPON APPLICATION OF ROBIN L. ROSS FOR A
CONDITIONAL USE PERMIT FOR A HOME OCCUPATION (child
care)
Ordinance upon application of Robin L. Ross for a Conditional Use
Permit for a home occupation (child care) on Lot 14, Kempsville Heights,
Section 2. Said parcel is located at 5156 Allyne Road and contains
15,000 square feet. KEMPSVILLE BOROUGH.
Voting: 6-5
Council Members Voting Aye:
Barbara M. Henley, Louis P, Jones, Reba S. McCianan, Mayor Meyera
E. Oberndorf, Nancy K Parker and Louisa M Strayhorn
Council Members Voting Nay:
John A. Baum, Linwood 0. Brancl; 111, William W. Harrison, Jr., Harold
Heischober and Vice Mayor William D. 5essoms, Jr.
Council Members Absent:
None
August 27, 1996
- 28 -
Item V-J.I.c.
PUBLJC HEARING ITEM # 41135
PLANNING BY CONSENT
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council ADOPTED an
Ordinance upon application of JESSE FRANKLIN JACKSON III for a Conditional Use Permit for a
day care and education center:
ORDINANCE UPON APPLICATION OF JESSE FRANKLIN JACKSON,
III FOR A CONDITIONAL USE PERMIT FOR A DAY CARE &
EDUCATION CENTER R08962056
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Jesse Franklin Jackson, III, for a
Conditional Use Permit for a day care & education center on the south
side of Dahlia Drive, 110 feet more or less west of Windmill Drive. Said
parcel is located at 1591 Dahlia Drive and contains 24,001.56 square
feet. KEMPSVILLE BOROUGH.
The following conditions shall be required:
1. Seven (7) parking spaces shall be reserved for the sole use of
the day care facility during its hours operation, and shall be
located directly adjacent to the facility.
2. All Health Department, Fire Department and Building Code
requirements must be met prior to occupancy.
3. The applicant must receive certification from Social Services of
the total capacity based on the final layout prior to occupancy.
4. The hours of operation shall be Monday through Friday from
6 AM to 7 PM.
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 Twenty-seventh of August.
Nineteen Hundred and Ninety-Six.
Voting: II -0 (By Consent)
Council Members Voting Aye:
John A. Bawn, Linwood 0. Brancl4 III, Wzlliam W. Harrison, Jr., Ilarold
Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McCianan,
Mayor Meyera E. Oberndorf Nancy K Parker, Kee Mayor William D.
Se,ssoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
August 27, 1996
- 29 -
Item V-J.I.d.
PUBLIC HFAR[NG ITEM # 41136
PLANNING BY CONSENT
Upon motion by Vice Mayor Sessom, seconded by Council Lady Strayhorn, City Council ADOPTED, an
Ordinance upon application of ENTERPRISE LEASING - RAY MOSS for a Conditional Use Permit
for motor vehicle rental.
ORDINANCE UPON APPLICATION OF ENTERPRISE LEASING - RAY
MOSS FOR A CONDITIONAL USE PERMIT FOR MOTOR VEHICLE
RENTALS R08962057
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CIIY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Enterprise Leasing - Ray Moss for a
Conditional Use Permit for motor vehicle rentals in the Holland Plaza
Shopping Center, #14 located at the northwest intersection of South Plaza
Trail and Holland Road. Said parcel contains 20 acres. KEMPSP7LLE
BOROUGH.
The following conditions shall be required:
1. A maximum of twenty (20) rental vehicles may be kept on the
site.
2. The use shall include passenger car rentals and a maximum of
two (2) vans or pick-up trucks, not to exceed cighice,, feet (189
fourteen feet (14') in length.
3. Hours of operation are to be limited to 7 AM to 9 PM.
4. Storage of rental cars shall be limited to the spaces specified
on the site plan.
This OrtUnance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance.
Adopted by the Council of the City of rzrginia Beach Virginia, on the Twenty-seventh of August,
Nineteen Hundred and Ninety-Six,
Voting: 11-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood 0. Branch, III, William W. Ilarrison, Jr., Ilarold
Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf, Naitcy K Parker, Vice Mayor William D.
Sessotm, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
August 27, 1996
- 30 -
V- I.e.
PLANNING ITEM # 41137
Kevin Milcarek, 5411 Buzzards Neck Road, Phone: 721-9080, represented the Neighborhood
Assembly of God.
Upon motion by Council Lady Henley, seconded by Vice Mayor Sessoms, City Council ADOPTED an
Ordinance upon application of NEIGHBORHOOD ASSEMBLY OF GOD for a Conditional Use Permit
for a church:
ORDINANCE UPON APPLICATION OF NEIGHBORHOOD ASSEMBLY
OF GOD FOR A CONDITIONAL USE PERMIT FOR A CHURCH
R08962058
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Neighborhood Assembly of God for a
Conditional Use Permit for a church on the east side of Princess Anne
Road, south of Vaughan Road Said parcel is located at 1196 Princess
Anne Road and contains 11.649 acres. PUNGO BOROUGH.
The following conditions shall be required:
1. Site development shall be in substantial conformance with the
site plan, renderings and landscape plan exhibited to the
Planning Commission and City Council.
2. The front yard setback must be measured from the ultimate
right-of-way line of Princess Anne Road, lying parallel to and
35 feet east of the existing fiont property line. The Health
Department has determined that the septic drain field must
encroach into the ultimate right-of-way, as there is no other
location on the site with suitable soils. This encroachment is
permitted, but must be kept to a minimum.
3. The temporary classrooms must be painted so as to blend with
the permanent building. The Northern, Eastern and Southern
sides should be landscaped with a single row of wax myrtles,
planted four feet (4') on center.
4. The temporary classroom component of this application is
approved for a period of four (4) years.
Ihis Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beacl, Virginia, on the Twenty-Seventh of August,
Nineteen Hundred and Ninety-Six.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branck 111, William W Harrison, Jr., Ilarold
Heischober, Barbara M. Henley, Louis R Jones, Reba S McCianan,
Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
August 27, 1996
- 31 -
item V-Jlf.
PUBLIC HEAWNG ITEM # 41138
PLANNING BY CONSENT
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council ALLOWED
WITHDRAWAL of an Ordinance upon application of CENTURY TOWING SERVICE, INC for a
Conditional Use Permit,
ORDINANCE UPON APPLICA4TION OF CENTURY TOWING SERVICE,
INC. FOR A CONDITIONAL USE PERMIT FOR AN AUTOMOBILE
BULK STORAGE YARD
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Century Towing Service, Inc. for a
Conditional Use Permit for an automobile bulk storage yard on the west
side of Davis Street, 573.05 feet north of Virginia Beach Boulevard Said
parcel is located at 409 Davis Street and contains 22,000 square feet.
BAYSIDE BOROUGH.
Voting: 11-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood 0. Branck III, William W Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis R Jones, Reba S. McCianan,
Mayor Meyera E. Oberndorf Nancy K Parker, rice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent.-
Non e
August 27, 1996
- 32 -
Item V-J.Ig.
PUBLIC HEARING ITEM # 41139
PLANNING BY CONSENT
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council DEFERRED
until the City Council Session of September 24, 1996, Ordinance upon application of C & C
DEVELOPMENT, L.L.C., for a Change of Zoning District Classification:
ORDINANCE UPON APPLICATION OF C & C DEVELOPMENT, L.L.C
FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-
7.5 and B-2 to CONDITIONAL B-1
Ordinance upon application of C & C Development, L.L.C. for a Change
of Zoning District Classification from R-7.5 Residential District and B-2
Community Business District to Conditional B-1 Neighborhood Business
District on certain property located at the southeast corner of Newtown
Road and Connie Lane. The proposed zoning classification change to
Conditional B-1 is for commercial land use. The Comprehensive Plan
recommends use of this parcel for suburban medium density residential
at densities that are compatible with single family use in accordance with
other plan policies. Said parcel contains 1.53 acres. BAYSIDE
BOROUGH.
Voting: 11-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood 0. Brancl; III, William W Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf Nancy K Parker, rice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
August 27, 1996
- 33 -
item V-J.I.h.
PUBLIC HEARING ITEM # 41140
PLANNING
Rick McGinnis, the applicant represented himself
Upon motion by Councilman Jones, seconded by Councilman Heischober, City Council ADOPTED an
Ordinance upon application of McGINNIS REALTY AND DEVELOPMENT COMPANY for a Change
of Zoning District Classification:
ORDINANCE UPON APPLICATION OF McGINNIS REALTY &
DEVELOPMENT COMPANY FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM R-40 and R-10 to CONDITIONAL R-10
Z08961497
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of McGinnis Realty & Development
Company for a Change of Zoning District Classification from R-40
Residential District to Conditional R-10 Residential District on 7.1 acres
of land, and from R-10 Residential District to Conditional R-10
Residential District on 10.553 acres of land, all located 400 feet more or
less east of Diamond Springs Road beginning at a point 920 feet more
or less north of Fallbrook Bend. The proposed zoning classification
change to conditional R-10 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 estate residential at densities
that are compatible with single family use in accordance with other Plan
policies. Said parcel contains 17.653 acres. BAYSIDE BOROUGH.
The following condition shall be required:
1. An 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 Beack Virginia, on the Twenty-seventh of August
Nineteen Hundred and Ninety-Six.
Vofing: 11-0
Council Members Voting Aye:
John A. Bawn, Linwood 0. Branci4 III, William W. Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis R. Jones, Reba S McCianan,
Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D.
Sessons, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
August 27, 1996
@it@ C)of Nrir-Igi@iEt
INTER-OFFICE CORRESPONDENCE
In @ly Rder To Our File No. DF-96-4145
DATE: August 8, 1996
TO: Leslie L. Lilley DEPT: City Attorney
FROM: William M. Macali DEPT: City Attorney
RE: Conditional Zoning Application
McGinnis Realty & Development Co.
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on August 27, 1996. I have reviewed the subject proffer agreement, dated July
17, 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.
Enclosure
AGREEMENT
THIS AGREEMENT made this 17th day of July, 1996, by and between DOROTHY
M. MILLER and HERBERT R. MOORE, SUCCESSOR CO-TRUSTEES under a certain
revocable trust established by Dorothy M. Moore on March 20, 1992, unrecorded and
identified as the DOROTHY M. MOORE REVOCABLE TRUST, hereinafter collectively
called "Grantor" and MCGINNIS REALTY AND DEVELOPMENT COMPANY, a Virginia
corporation (the "Applicant"), both Grantors for purposes of indexing and the CITY OF
VIRGINIA BEACH, a Municipal Corporation of the Commonwealth of Virginia, hereinafter
called "Grantee".
RECITALS:
R-1 The Grantor is the record fee simple owner of the property (the "Property") located
in Bayside Borougk City of Virginia Beach, Virginia and described in Exhibit A attached
hereto and incorporated into this Agreement.
R-2 Applicant which is the contract purchaser of the Property, has initiated an
Amendment to the zoning map of the City of Virginia Beach, Virginia, by petition of the
Applicant addressed to the Grantee, so as to change the zoning classification of a portion the
Property from R-40 Residential District to R-10 Residential District and to subject the
remaining portion of the Property which is already zoned R-10 Residential District to certain
conditions as set out hereinbelow. The proposed amendment is made pursuant to the terms
of the zoning ordinance of the City of Virginia Beach, Virginia, adopted April 18, 1988, as
amended and as in effect as of the date of this Agreement (the "Zoning Ordinance").
R-3 The Grantee's policy is to provide only for the orderly development of land, for
various purposes, including residential purposes, through zoning and other land development
legislation.
R-4 The Grantor and the Applicant acknowledge that competing and sometimes
incompatible uses conflict and that in order to permit different uses on and in the area of the
Property and at the same time to recognize the effect of the changes, 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 connnunity that are not generally applicable to land
similarly zoned R-10 are needed to cope with the situation which the Applicanfs rezoning
application gives rise to.
R-5 The Grantor and Applicant have voluntarily offered, in writing, in advance of and
prior to the public hearing before the Grantee, as part of the proposed amendment to the
zoning map with respect to the Property, in addition to the regulations provided for in the
existing R-10 zoning district by the Zoning Ordinance, the following reasonable conditions
related to the physical development operation and use of the Property to be adopted as part
I
Prepared by Harry R. Purkey, Jr., P.C.
of said amendment to the zoning map relative and applicable to the Property, which have a
reasonable relation to the rezoning and the need for which it is generated by the rezoning.
R-6 The conditions outlined in this Agreement have been proffered by the Grantor and the
Applicant and allowed and accepted by the Grantee as part of the amenchnent to the Zoning
Ordinance and the zoning map. These conditions shall continue in full force and effect until
subsequent amenchnent changes the zoning of the Property; 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
of Grantee, urdess, notwithstanding the foregoing, the conditions are amended or varied by
written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia
Beack Virginia and executed by the record owner of the Property at the time of recordation
of such instruments; provided further that said instrument is consented to by the Grantee in
writing as evidenced by a certified copy of the ordinance or resolution adopted by the
goveniing body of the Grantee, after a public hearing before the Grantee advertised pursuant
to the provisions of the Code of Virginia, Section 15.1-43 1, which said ordinance or
resolution shall be recorded along with said instrument as conclusive evidence of such
consent.
WITNESSETH:
NOW THEREFORE, the Grantor and the Applicant, for themselves, their
successors, personal representatives, assigns, grantees and other successors in title and
interest voluntarily without requirement by or exaction from the Grantee or its governing
body and without any element of compulsion or quid pro guo for zoning, rezoning, site plan,
building pemiit or subdivision approval hereby make the following declaration of conditions
and restrictions which shall restnct and govem the physical development operation and use
of the Property and hereby covenant and agree that this declaration shall constitute covenants
@g with the Property, which shall be binding upon the Property and upon all parties and
persons claiming under or through the Grantor and the Applicant, their successors, personal
representatives, assigns, grantees, and other successors in interest or title.
1 . The preliminary subdivision plan submitted by the Grantor and the Applicant
to the Department of Planning with this Agreement and entitled "Preliminary Subdivision of
Property Moore's Pond at Cypress Point North" dated February 2, 1996 and revised April
16, 1996 and revised June 6, 1996 (the "Plan") is incorporated herein by reference and
forms a part of this Agreement.
2. The Grantor shall cause to be recorded simultaneously with the subdivision
plat for the Property deed restrictions containing, among other things, the restrictive
covenants set out on Exhibit B attached hereto.
2
3. Colonial style street lights shall be installed in the public right of way with the
number, location, specifications and designs to be as required by the Department of Traffic
Engineering of the City of Virginia Beach and Virginia Power.
4. The Grantor and the Applicant covenant and agree that:
a. 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 and restrictions,
including the authority (i) to order in writing that any non-compliance with such conditions
be remedied and (ii) to bring legal action or suit to insure compliance with such conditions
including mandatory or prohibitory injunction, abatement, damages or other appropriate
action, suit or proceedings.
b. Failure to meet all conditions and restrictions shall constitute cause to deny the
issuance of any of the required building or occupancy permits as may be appropriate.
C. If aggrieved by any decision of the Zoning Administrator made pursuant to the
provisions, of the City Code, the Zoning Ordinance, or this Agreement, the Grantor shall
petition the governing body of Grantee for the review of such decision prior to instituting
proceedings in court.
d. The Zoning Map shall show by an appropriate symbol on the Map the
existence of conditions attaching to the zoning of the Property on the map and that the
ordinance and the conditions may be readily available and accessible for public inspection
in the office of the Zoning Administrator and in the Planning Department and that they shall
be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia
and indexed in the name of the Grantor and Grantee.
DOROTHY M. MILLER, SUCCESSOR CO-TRUSTEE
UNDER THE DOROTHY M. MOORE REVOCABLE
TRUS
By orothy P. hetll'er, Co-T stee (SEAL)
3
STATE OF
C4W/COLJNTY OF to-wit;
1, kl a Notary Public in and for the City and State
aforesaid, do hereby certify that Dorothy M. Miller, Successor Co-Tnistee under the Dorothy
M. Moore Revocable Trust, whose name as such is signed to the foregoing instrument
bearing date on the 17th day of July, 1996, have acknowledged the same before me in my
said City and State.
GIVEN under my hand thiswe@day of 1996.
Notary Public
My Comniission Expires:
HERBERT R. MOORE, SUCCESSOR CO-TRUSTEE
UNDER THE DOROT REVOCABLE
TRU
By.. SEAL)
Frerbirt R. Moore,@o-T@tee
STATE OF
CITY/COUNTY OF to-wit;
1, (SA @ , a Notary Public in and for the City and State
aforesaid, do hereby certify that Herbert R. Moore, Successor Co-Trustee under the Dorothy
M. Moore Revocable Trust, whose name as such is signed to the foregoing instrument
bearing date on the 17th day of July, 1996, have acknowledged the same before me in my
State.
GIVEN under my hand this 'da, of 199fi.
sion Expires:
4
McGfNNIS REALTY AND DEVELOPMENT
COMPANY, a Virginia corporation
By: AA EAL)
R.J. MjG"' "', Presid
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit;
L Kimberly L PUtsbury, a Notary Public in and for the City and State aforesaid, do
hereby cer* that R.J. McGinnis, President of McGinnis Realty and Development
Company, whose name as such is signed to the foregoing instrument bearing date on the
17th day of July, 1996, have acknowledged the same before me in my said City and State.
GIVEN under my hand this 17th day of July, 199@.
Notary PubW
My Comniission Expires:
September 30, 1996
/agt.moo
5
EXHIBIT "A"
ALL THOSE certain lots, pieces or parcels of land with the buildings and
improvements thereon, lying, situate and being in the City of Virginia Beach,
Virginia, being known, numbered and designated as "PARCEL B-1" and "PARCEL
B-2", as shown on that certain plat entitled "SUBDIVISION OF WEBLIN FARMS,
BAYSIDE BOROUGH, VIRGINIA BEACH, VIRGINIA" which said plat is on file
with the Department of Planning of the City of Virginia Beach, Virginia.
/webex
EXHIBIT "B"
A. All dwelling houses constructed on lots shown on the Plan shall contain a two
(2) car enclosed garage and shall be constructed upon a crawl space foundation.
B. The exterior facade of all houses constructed on lots shown on the Plan shall
be brick or a combination of brick and vinyl or wood, however at least 50% of the exterior
facade of each house must consist of brick. No exterior insulation finishing systems
("EIFS") sometimes referred to "dryvit" and "sto" and other trade names shall be used on
the exterior of the houses.
C. Metal storage sheds and other metal sheds and chain link fences are expressly
prohibited on all lots shown on the plan.
D. Each one story dwelling house is constructed on a Lot shown on the Plan shall
contain fully enclosed floor area of at least 2,200 sq. ft. Each two story dwelling house
constructed on a lot shown on the Plan shall contain a fiffly enclosed floor area of at least
2,600 sq. ft. Any single story dwelling house that contains a room (finished or @shed)
over a garage and any split-level dwelling house constructed on a lot shown on the plan shall
contain a fiilly enclosed floor area of at least 2,200 sq. ft. In computing such minimum
areas, the areas of porches, decks, garages, unheated storage areas and unfulished rooms over
garages shall not be included.
E. No satellite dish or television antenna having a diameter or a height and width
in excess of thirty (30) inches shall be installed on the exterior of any dwelling house
constructed on a Lot shown on the Plan.
/ea
- 34 -
item V-Jli.
PUBLIC HEARING ITEM # 41141
PLANNING
Attorney Robert G. Jones, 128 South Lynnhaven Road, represented the applicant
Upon motion by Council Lady McClanan, seconded by Councilman Jones, City Council ADOPTED an
Ordinance upon application of CENTURY MARK DEVELOPMENT GROUP, L.L.C for a Change of
Zoning District Classification:
ORDINANCE UPON APPLICATION OF CENTURY MARK
DEVELOPMENT GROUP, L.L.C, FOR A CHANGE OF ZONING
DISTRICT CLASSIFICATION FROM AG-1 and AG-2 TO
CONDITIONAL R-5S Z08961498
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINL4
Ordinance upon application of Century Mark Development Group, L.L.C.
for a Change of Zoning District Classification from AG-1 and AG-2
Agricultural Districts to Conditional R-5S Residential District an the
east side of Holland Road beginning at a point 140 feet more or less
north of Saville Garden Way. The proposed zoning classification change
to R-5S is for single family land use on lots no less than 5,000 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
contains 17.22 acres more or less. PRINCESS ANNE BOROUGH.
The following condition shall be required:
1. An Agreement encompassing proffers shall be recorded with the
Clerk of Circuit Court. Said agreement is hereby made a part
of the record.
This Ordinance shall be effective in accordance with Section 107 (t) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beack Virginia, on the Twenty-seventh of August
Nineteen Hundred and Ninety-Six,
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branch, III, William W Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E Oberndorf Nancy K Parker, Vzce Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Non e
August 27, 1996
Cit@ c3f 'Viirggi@iEt 13@Ei@ll
INTER-OFFICE CORRESPONVENCE
In Reply Refer To Our File No. DF-96-4102
DATE: August 8, 1996
TO: Leslie L. Lilley DEPT: City Attorney
FROM: William M. Macali DEPT: City Attorney
RE: Conditional Zoning Application
Century Mark Development Group, L.L.C.
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on August 27, 1996. I have reviewed dw subject proffer agreement, dated June
25, 1996, and have detemiine-d 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.
Enclosure
THIS AGREEMENT, made as of this 25th day of June, 1996, by
and between CENTURY MARK DEVELOPMENT GROUP, L.L.C., a Virginia
Limited Liability Company, P.D.J. Enterprises, a Virginia General
Partnership, and Marvin W. Lucas (hereinafter referred to
collectively as "Grantor"), and the CITY OF VIRGINIA BEACH, a
Municipal corporation of the Commonwealth of Virginia
(hereinafter referred to as "Grantee'').
W I T N E
WHEREAS, the Grantor initiated an amendment to the Zoning
Map of the City of Virginia Beach, Virginia, by petition of the
Grantor addressed to the Grantee, so as to change the zoning
classification on the Grantorts Property from AG-1 and AG-2
Agricultural Districts to R-5(s) Residential District
" n
(Conditional) on three certain parcels of land, more particularly
described on the attached "Exhibit All wherein the parcels are
identified as "Parcel 1," "Parcel 2" and "Parcel 3" for a total
of 17.446 acres, more or less, in the Princess Anne Borough of
the City of Virginia Beach, Virginia, hereinafter "the Property;"
and
WHEREAS, the Grantee's policy is to provide only for the
orderly development of land, for various purposes, including
residential purposes, through zoning and other land development
legislation; and
WHEREAS, the Grantor acknowledges that the competing and
sometimes incompatible uses conflict and that in order to permit
differing uses on and in the area of the subject Property and at
the same time to recognize the effects of the changes, and the
need for various types of uses, including those listed above,
certain reasonable conditions governing the use of the Property
for the protection of the community that are not generally
applicable to land similarly zoned R-5(s) are needed to cope with
the situation which the Grantor's rezoning application gives rise
to; and
WHEREAS, the Grantor voluntarily proffered in writing in
advance of and prior to the public hearing before the Grantee, as
part of the proposed amendment to the zoning Map, in addition to
the regulations provided for in the existing R-5(s) zoning
district by the existing Comprehensive Zoning ordinance, the
following reasonable conditions relating to the physical
development and operation of the Property to be adopted as a part
of said amendment to the new Zoning Map relative to the Property
described above, which have a reasonable relation to the rezoning
and the need for which is generated by the rezoning; and
WHEREAS, said conditions having been proffered by the
Grantor to be effective upon the rezoning of the Property and
having been allowed and accepted by the Grantee as part of the
amendment to the Zoning ordinance, such conditions shall continue
in full force and effect until a subsequent 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
Page 2 of 10
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 an
ordinance or resolution adopted by the governing body of the
Grantee, after a public hearing before the Grantee advertised
pursuant to the provisions of the Code of Virginia, Section 15.1-
431, which said ordinance or resolution shall be recorded along
with said instrument as conclusive evidence of such consent.
NOW, THEREFORE, the Grantor, for itself, its 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 any element of
compulsion of quid pro quo for zoning, rezoning, site plan,
building permit or subdivision approval, hereby makes the
following declaration of conditions and restrictions as to the
physical development and operation of the Property and governing
the use thereof and hereby tenders the following covenants
running with the said Property, which shall be binding following
the approval of Grantor's rezoning Petition by grantee upon the
Property and upon all parties and persons claiming under or
through the Grantor, its heirs, personal representatives,
assigns, grantees and other successors in interest or title,
namely:
1. Grantor shall develop the Property at a maximum density
of three units per acre in accordance with density calculations
to be based on total site area outside of water, marsh and
Page 3 of 10
wetlands, except that density credit shall not be calculated for
any land area reserved for future right-of-way acquisition by the
City of Virginia Beach. Land area dedicated to the City of
Virginia Beach may be included in density calculations.
2. Grantor shall grant to the City of Virginia Beach in
accordance with the plan entitled Alternate Alignment Seven of
London Bridge Road ("Alternate Alignment Seven of London Bridge
Road"), prepared by Kellam-Gerwitz Engineering, Inc. on July 19,
1996, and on file with the Planning Department of the City of
Virginia Beach, which has been presented to the City Council of
the City of Virginia Beach, an ingress-egress easement aligned
with the existing Monet Drive, to serve as initial temporary
access to the development from Holland Road. Grantor shall
construct thereon an access street in conformance with minimum
City standards. In addition, the final subdivision plat shall
dedicate to the City of Virginia Beach right-of-way for a future
access point connecting the site of London Bridge Road extended,
also as shown on Alternate Alignment Seven of London Bridge Road,
to be constructed by the developer as a stub street upon
development of the proposed subdivision. Upon construction of
London Bridge Road extended, at such time as is determined to be
appropriate by the City of Virginia Beach the stub street shall
be connected to London Bridge Road and the temporary access point
shall be closed.
The final subdivision plat shall provide a 30-foot right-of-
way dedication along the existing Holland Road frontage of the
site, and right and left turn lanes in accordance with minimum
Page 4 of 10
City standards shall be constructed by the developer. Shoulder
stabilization and street lighting shall be provided along the
Holland Road frontage, at locations to be determined by the City
Engineer.
The final subdivision plat shall provide for the reservation
or dedication of right-of-way for London Bridge Road extended and
the Holland Road intersection with London Bridge Road extended,
as shown on Alternate Alignment Seven of London Bridge Road.
3. Grantor shall preserve, to the extent practicable, all
trees with a calliper in excess of six inches located on the site
outside of proposed streets, driveways, dwellings, sidewalks,
pools and decks and located in excess of 10 feet from the home
sites. Grantor shall take all reasonable efforts to preserve the
trees so identified during the development of the Property unless
engineering studies indicate such trees must be removed for the
purposes of lot grading and drainage as required by the City. In
furtherance whereof, prior to final subdivision plat recordation
Grantor shall submit for approval by the City of Virginia Beach a
landscape plan prepared by a professional landscape designer
making significant use of native trees and shrubs.
4. Grantor shall provide and install a high-quality
entrance design for the subdivision, which shall include a
monument style sign and landscaping meeting or exceeding the
requirements of Sec. 214 of the City Zoning Ordinance.
5. Prior to final subdivision plat approval, Grantor shall
certify that all liens, judgments or other encumbrances on the
title to any property to be dedicated to the City of Virginia
Page 5 of 10
Beach have been removed.
6. Further conditions may be required by the Grantee during
detailed site plan and/or subdivision review and the
administration of applicable City Codes by all applicable City
agencies and departments to meet all applicable City Code
requirements.
All references hereinabove to zoning districts and to
regulations applicable thereto refer to the Comprehensive Zoning
Ordinance of the City of Virginia Beach, Virginia, in force as of
the date the conditional zoning amendment is approved by the
Grantee.
The Grantor covenants and agrees that (1) the Zoning
Administrator of the City of Virginia Beach, Virginia, shall be
vested with all necessary authority on behalf of the governing
body of the City of Virginia Beach, Virginia, to administer and
enforce the foregoing conditions, including (i) the ordering in
writing of the remedying of any noncompliance with such
conditions, and (ii) the bringing of legal action or suit to
ensure compliance with such conditions, including mandatory or
prohibitory injunction, abatement, damages or other appropriate
action, suit or proceedings; (2) the failure to meet all
conditions shall constitute cause to deny the issuance of any of
the required building or occupancy permits as may be appropriate;
(3) if aggrieved by any decision of the Zoning Administrator made
pursuant to the provisions of the City Code, the CZO or this
Agreement, the Grantor shall petition to the governing body for
the review thereof prior to instituting proceedings in court; and
(4) the Zoning Map shown by an appropriate symbol on the map the
Page 6 of 10
existence of conditions attaching to the zoning of the subject
the conditions may
property on the map and that the ordinance and
be made readily available and accessible for public inspection in
the office Of the zoning Administrator and in the Planning
Department, and that they sliall 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 Graiitor and Grantee.
WITNESS the following signature and seal:
CENTURY @ DEVELOPMENT GROUP, L.L.C.
By, _
Di Mem er
STATE OF VIRGINIA,
CITY OF VIRGINIA BEACII, TO-WIT:
Subscribed and sworn to before me this day of July, 1996, by
David S. Russotto, Managing Member of century Mark Development
Group, L.L.C.
my commission expires:
P.D.J. Enterprises
A Virginia General Partnership
By:
STATE OF VIRGINIA,
CITY OF VIRGINIA BEACII, TO-WIT:
ribed and sworn to before me this 71-@ day of July, 1996, by
a Partner of P.D.J.
Page 7 of 10
Marvin W. Lucas
STATE OF VIRGINIA,
CITY OF VIRGINIA BEACH, TO-WIT:
Subscribed and sworn to before me this/@ day of July, 1996, by
Marvin W. Lucas.
Notary Public
MY Commission Expires:
@2-20-JW7
Page 8 of 10
EXHIBIT A
PARCEL 1:
ALL THAT certain tract, piece or parcel of land, situated in the
City of Virginia Beach, Virginia, as shown on that certain plat
entitled "BOUNDARY LINE SURVEY OF EARL WILSON & LULA WILSON,
GEORGE B. WILSON, HOWARD ELBERT, STURGEON AND ANN MICHAEL
STURGEON, EUPHUS A. FENTRESS & THOMAS W. FENTRESS, ROGER H.
SAWYER & HELEN S. SAWYER, MARY PAGE RAINEY, CHARLES A. RAINEY &
HILDA S. CRAMER, ATRICE L. RICHARD, ADVANCE ASSOCIATES AND
WILLIAM E. BARCO & ELLA ELIZABETH BARCO, FOR P-997 RESTRICTIVE
EASEMENT FY-79 CONTRACT N62470-78-C-3842 NAVAL AIR STATION OCEANA
- PRINCESS ANNE BOROUGH - VIRGINIA BEACH, VIRGINIA" made by John
E. Sirine and Associates, LTD., Surveyors and Engineers, dated
November 14, 1978, and designated as Parcel 75, ROGER H. SAWYER
AND HELEN S. SAWYER (D.b. 856, P. 668), containing 8.827 acres
more or less, and recorded in the Clerk's office of the Circuit
Court of the City of Virginia Beach, Virginia in Map Book 137, at
page 3.
IT BEING the same property conveyed to the grantor herein by deed
of G. Earl Perry, unmarried, dated October 6, 1984, and recorded
in the aforesaid Clerk's office in Deed Book 2368, at Page 1961.
Parcel 2:
ALL THAT certain tract, piece or parcel of land, situated in the
City of Virginia Beach, Virginia, fronting 338.49 feet on the
eastern side of Holland Road as shown on that certain plat
entitled "BOUNDARY LINE SURVEY OF EARL WILSON & LULA WILSON,
GEORGE B. WILSON, HOWARD ELBERT, STURGEON AND ANN MICHAEL
STURGEON, EUPHUS A FENTRESS & THOMAS W. FENTRESS, ROGER H. SAWYER
& HELEN S. SAWYER, MARY PAGE RAINEY, CHARLES A. RAINEY & HILDA S.
CRAMER, ATRICE L. RICHARD, ADVANCE ASSOCIATES AND WILLIAM E.
BARCO & ELLA ELIZABETH BARCO, FOR P-997 RESTRICTIVE EASEMENT FY-
79 CONTRACT N62470-78-C-3842 NAVAL AIR STATION OCEANA - PRINCESS
ANNE BOROUGH - VIRGINIA BEACH, VIRGINIA" made by John E. Sirine
and Associates, LTD., Surveyors and Engineers, dated November 14,
1978, and designated as Parcel 73, HOWARD ELBERT STURGEON AND ANN
MICHAEL STURGEON (M.B. 62, P. 20) (D.B. 859, P. 376) TOTAL AREA
7.619 Acres, containing 7,619 acres more or less, and recorded in
the Clerk's Office of the Circuit Court of the City of Virginia
Beach, Virginia in Map Book 137, at page 3.
IT BEING the same property conveyed to the grantor herein by deed
of G. Earl Perry, unmarried, dated April 6, 1984, and recorded in
the aforesaid Clerk's Office in Deed Book 2325, at Page 901.
Page 9 of 10
Parcel 3:
ALL THAT certain tract, piece or parcel of land, with the
buildings and improvements thereon and the appurtenances
therounto belonging, situate, lying and being in Virginia Beach,
Virginia, on the Northerly side of Holland Road, formerly known
as Holland Swamp Road, and bounded and described as follows:
Beginning at a point in the edge of Holland Road, at the edge of
the intersection of the said road, the property hereby described
and the property of W.H. Land, and running in a Northerly
direction along a line ditch separating this property from the
property of W.H. Land to the intersection of said line ditch with
the main lead ditch of the Ballance Farm; thence turning and
running in a Westerly direction along the said lead ditch
separating the property hereby described from property now or
formerly of i.C. Sawyer to the edge of the right of way of the
said Holland Roadi thence turning and running along the North
side of said Road in an easterly direction to the point of
beginning, said tract containing approximately one (1) acre, more
or less, said property being a part of the tract designated 11120
Acres" on that certain Map of J.H. Brown and Lucullus Brown Farm
recorded in the said Clerk's office in Map Book 6, at page 235;
and being the same property designated "Now or Formerly Euphus A.
Fentress & Thomas W. Fentress (M.B. 6 pt. 2, P. 235) (D.B. 180,
P. 180)" on that certain Boundary Line Survey by John E. Sirine
and Associates, Ltd., for the Department of the Navy, Naval
Facilities Engineering Command, ATLANTIC DIVISION, Naval Station,
Norfolk, Virginia, which survey shows the location and some of
the dimensions of said property, which said survey is recorded in
the aforesaid Clerk's Office in Map Book 137, at page 3.
LESS AND EXCEPT that property conveyed to the City of Virginia
Beach by Certificate No. 1126, recorded in the Clerk's Office of
the Circuit Court of the City of Virginia Beach, Virginia, in
Deed Book 2964, at page 394.
Page 10 of 10
- 35 -
item V-Jlj.
PUBLiC HEARING ITEM # 41142
PLANNING
Norman Malbon 1208 Smith Cove Circle, Phone: 499-5657 represented the applicant
Upon motion by Council Lady McClanan, seconded by Councilman Harrison, City Council DENIED
Ordinance upon application of OLIVE W. MALBON for a Modification gf Conditions placed on a
rezoning (Approved 22 June 1987) from AG-2 Agricultural District to I-1 Light Industrial District:
ORDINANCE UPON APPLICATION OF OLIVE W. MALBON FOR A
MODIFICATION OF CONDITIONS
Ordinance upon application of Olive W. Malbon for a Modification of
Conditions placed on a rezoning from AG-2 Agricultural District to I-1
Light Industrial District on June 2Z 1987. Said parcel is located at the
northwest intersection of Dam Neck Road and Harper's Road and
contains 9.9 acres. PRINCESS ANNE BOROUGH.
Voting: 10-0
Council Members Voting Aye:
@n A. Baum, Linwood 0. Brancl; III, William W Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf Nancy K Parker and Vice Mayor William
D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Louisa M. Strayhorn
August 27, 1996
- 36 -
Item V-.Llkl.
PUBLIC HEARING ITEM # 41143
PLANNING
Upon motion by Council Lady McClanan, seconded by Councilman Jones, City Council DEFERRED
INDEFINITELY.
Applications of the CITY OF VIRGINIA BEACH to AMEND and
REORDAIN the City Zoning Orefinance:
Set-back Requirements - Section 501(b) re reduction of side and rear
yard set-back requirements for certain accessory structures within the
R-7.5, R-5D, R-5R and R-5S Residential Zoning Districts.
Voting: 11-0
Council Members Voting Aye:
John A. Baun4 Linwood 0. Branci4 111, William W Harrison, Jr., Harold
Heischober, Barbara Af. He?iley, Louis R Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf Naricy K Parker, Vice Mayor Williain D.
Sessoms, Jr. and Louisa M. Strayhoin
Council Members Voting Nay:
None
Council Meinbers Absent:
None
August 27, 1996
- 37 -
Item V-.Llk.2
PUBLIC HEARIIVG ITEM # 41144
PLANNING
John Russell, Post Office Box 675, Richmond (804) 648-4442, represented Pinnacle Convenience, Inc.
(Brew Thru) and stated drive-thru's should not be singled out as a type of business.
Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925, spoke in OPPOSITION to the Ordinance.
Michael Barrett, Chief Executive Officer - Runnymede Corporation, spoke in SUPPORT of the
Ordinance.
A motion was made by Councilman Branch to ADOPT, AS REVISED: Ordinance regulating Drive-
Through facilities in the RT-1 and RT-2 Resort Tourist Zoning Districts and in the RT-3 Resort
Tourist Zoning District east of Arctic Avenues.
Upon motion by Councilman Branch, seconded by Council Lady Strayhorn, City Council DEFERRED
until the City Council Session of September 3, 1996.
Ordinance regulating Drive-Through facilities in the RT-1 and RT-2
Resort Tourist Zoning Districts and in the RT-3 Resort Tourist Zoning
District east of Arctic Avenue.
Voting: 11-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood 0. Branci4 III, William W Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis R Jones, Reba S McClanan,
Mayor Meyera E. Oberndorf Nancy K Parker, rice Mayor William D.
Sessoms, Jr. and Louisa M Strayhorn
Council Members Voting Nay:
None
Council Members Absent.-
None
Vice Mayor Sessoms DISCLOSED he is an officer of Central Fidelity Bank, who has offices located in
the RT-1, RT-2 and RT-3 Resort Tourist Zoning Districts. 7his Ordinance, if adopted, will affect
drive-thru establishments including banks. However, he is able to participate fairly, objectively and in
the public interest. Vice Mayor Sessoms read said letter into the record.
Councibnan Louis Jones DISCLOSED he is on the Board of Directors of a Bank; owning more than 3%
of the stock and receiving more than $10,000 a year; however, said Bank is not located within the RT- 1,
RT-2 and RT-3 Resort Tourist Zoning Districts. 7he City Attorney advised he was able to participate
fairly, objectively and in the public interest.
Council Lady Strayhorn DISCLOSED she is on the Board of Directors of a Bank within the RT-1, RT-2
and RT-3 Resort Tourist Zoning Districts; however, did not receive income of $10, 000 or more nor own
3% of the stock, 7he City Attorney advised she was able to participate fairly, objectively and in the public
interest.
August 27, 1996
- 38 -
item V-Ki.
APPOINTMENTS ITEM # 41145
BY CONSENSUS, City Council RESCHEDULED the following Appointment:
COMMUNITY SERVICES BOARD
PUBLIC LIBRARY BOARD
SOUTHEASTERN VIRGINIA AREAWIDE MODEL PROGRAM (SEVAMP)
August 27, 1996
- 39 -
item V-L.I.
UNFINISHED BUSINESS ITEM # 41146
ADD-ON
Councilman Baum advised of his invitation to accompany three of the Sandbridge residents, a consultant
and an official on the four-hour trip re the Dredging. 3,000 cubic yards are brought back and pumped
into shore, which is very interesting to see. He was not aware that Dam Neck has installed a concrete
seawall on the top edge of the sand. Councilman Baum said this was a most interesting and worthwhile
trip.
August 27, 1996
- 40 -
item V-Ml.
NEW BUSINESS ITEM # 41148
City Council DESIGNATED, BY CONSENSUS, VOTING DELEGATES
National League of Cities (NLC)
Annual Conference - December 7-10, 1996
Mayor Meyera E. Oberndorf - Voting Delegate
Council Member Louisa M. Strayhorn - Alternate
Council Member Nancy K. Parker - Alternate
August 27, 1996
- 41 -
Item V-N.I.
ADJOURNMENT ITEM # 41149
Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 9:20 P.M.
B 0. Hooks, CMCIAAE
Chief Deputy City Clerk
---------- --------------------------
Ruth Hodges Smiti4 CMCIAAE Meyera E. Oberndorf
City Clerk Mayor
City of Virginia Beach
Virginia
August 27, 1996