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HomeMy WebLinkAboutAPRIL 9, 1991 MINUTESCit, o£ Virginia [ each "WORLD'S LARGEST RESORT CITY" CITY COUNCIL MAYOR MEYERA E. OBERNDORF, At-Large VICE ,MAYOR ROBERT E. FENTRESS, Virginia Beach Borough JOHN A, BAUM, Blackwater Borough ]AMES W. BRAZIER, JR, Lynnhaven Borough ROBERT W CLYBURN, Kempsmlle Borough HAROLD HEISCHOBER, At-Large LOUIS R. JONES. Bayside Borough PAUL J. LANTEIGNE, Pungo Borough REBA S. McCLANAN, Princess Anne Borough NANCY K. PARKER, At-Large WILLIAM D. SESSOMS, JR.. At-Large AUBREY V WATTS, JR.. City Manager LESLIE L. LILLEY, City Attorney RUTH HODGES SMITH, CMC/AAE, City Clerk CITY COUNCIL AGENDA APRIL 9, 1991 281 CITY HALL BUILDING MUNICIPAL CENTER VIRGINIA BEACtt, VIRGINIA 23456-9005 1804} 427-4303 ITEM I. CITY MANAGER'S BRIEFING - Council Chamber - 10=00 AM A. COX CABLE FRANCHISE DRAFT ORDINANCE E. Dean Block, Assistant City Manager for Analysis and Evaluation ITEM II. CITY COUNCIL WORKSHOP - Council Chamber - 10:30 AN A. FY 1991-1992 OPERATING BUDGET E. Dean Block, Assistant City Manager for Analysis and Evaluation ITEM III. INFORMAL SESSION - Council Chamber - 1=30 PM A. CALL TO ORDER - Vice Mayor Robert E. Fentress, Presiding B. ROLL CALL OF CITY COUNCIL C. RECESS TO EXECUTIVE SESSION ITEM IV. FORNAL SESSION - Council Chamber - 2:00 PM A. CALL TO ORDER - Vice Mayor Robert E. Fentress, Presiding B. INVOCATION= Reverend Ted E. David Thalia United Methodist 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 - April 2, 1991 G. CELEBRATION: HOMECOMING OF THE DESERT STORM TROOPS Thomas A. Barton, Co-Chair FIo McDanlel, Co-Chair H· CONSENT AGENDA All matters listed under the Consent Agenda are considered in the ordinary course of business by City Council and will be enacted by one motlon in the form listed. If an item is removed from the Consent Agenda, it will be discussed and voted upon separately. Resolutions requesting the Virginia Department of Transportation to accept streets for urban maintenance, beginning July 1, 1991: a. Correction of 3.16 lane miles which will not be eligible for urban maintenance. b. Additional 71.73 lane miles of urban streets which will be eligible for urban maintenance. Resolution directing the Director of Finance to authorize Citibank to make payment of $5,000 principal plus interest to date of maturity to owner Brian J. Davis, 10318 Grenadier Way, San Antonio, Texas, re General Obligation Public Improvement Bond, Series of 1984. Bond number R-5415 having been misplaced by the owner· ® Resolution referring to the Planning Commission proposed ~aaandaents to Sections 1501, 1503, 1506 and 1507 of the City Zonlng Ordinance re Ri-1 Resort Tourist District. Ordinance authorizing acqulsltlon, in fee simple, by purchase or condemnation, all the real property, permanent easements and temporary construction easements as needed for sewer and water projects, as shown on the following plans entitled: Old Dam Neck/Upton Landstown Municipal Property Deerwood Trace Force Main Busky Lane Princess Anne Hills Laurel Manor/Dogwood Acres Tanglewood Reon Drive Wltchduck Road Woodland Birdneck Pump Station Nimmo Pump Station CIP 6-993 CIP 6-004 CIP 6-975 CIP 6-976 CIP 6-944 CIP 6-941 CIP 6-940 CIP 6-949 CIP 6-019 CIP 6-011 CIP 5-063 CIP 5-065 Ordinance, upon SECOND READING, to ACCEPT and APPROPRIATE $1,746 re Virginia Housing and Community Development Emergency Home Repair Program. Ordinance, upon FIRST READING, to APPROPRIATE $1,200 to the Library Department's special gift fund re purchase of a Diagnostic Soft. are Package. Ordinance to TRANSFER $430,000 from various Capital Projects to Project 2-945 Newsome Farms Area Street Improvements to allow for completion of the project. 8. Ordinance authorizing tax refunds in the amount of $37,055.71. 9. Ordinance authorizing license refunds in the amount of $3,231.16. I. PUBLIC HEARING 1. PLANNING a. Ordinance for the discontinuance, closure and abandonment of a portion of Hutton Lane beginning at the Northern boundary of Virginla Beach Boulevard and running Ina Northerly direction a distance of 325 feet more or less, being variable in width and contalning 8,269 square feet more or less in the petition of DAVID THROCK.MORTON and FLORINE HORAY (LYNNHAVEN BOROUGH). Deferred for Compliance: October 9, 1990 Recommendation: FINAL APPROVAL b. Ordinance for the dlscontlnuance, closure and abandonment of a portion of Old Virginia Beach Road beginning at the Northern boundary of 22nd Street and running in a Westerly direction a distance of 339 feet more or less, containing 12,403 square feet in the petition of the CiTY OF VIRGINIA BEACH, VIRGINIA (LYNNHAVEN BOROUGH). Deferred for Compliance: August 28, 1990 Additional 90-Day Deferral: February 26, 1991 Recommendation: FINAL APPROVAL c. Authorizations for nonconforming uses (LYNNHAVEN BOROUGH): 1. 1148 Nlntervllle Court, property of DOROTHY WHITE, to replace the existing family home. 2. 3309 Ocean Shore Avenue, property of WlLLI~N R. BERGEY, to enlarge an existing single-family dwelling. d. Application of I~/~RVIN C. ETHERIDGE for a Variance to Section 4.4(b) of the Subdivision Ordinance which requlres that all lots created by subdivision meet all requirements of the City Zoning Ordinance, on the North side of Fitztown Road, 1319 feet West of Princess Anne Road (PUNGO BOROUGH). Recommendation: APPROVAL e. Application of VIRGINIA POWER for a Variance to Section 4.4(d) of the Subdivision Ordinance which requires that all lots created by subdivision have direct access to a public street, on the West side of Jarvis Road, South of West Neck Road (PUNGO BOROUGH). Recommendation: APPROVAL f. Applications of F. WAYNE McLESKEY, JR. for Conditional Use Permits: For a commercial marina (expansion) at the Southeast intersection of Winston Salem Avenue and Arctic Avenue (200 Winston Salem Avenue), containing 1.9 acres (VIRGINIA BEACH BOROUGH); AND, For boat slips (10 additional slips for a total of 16) on Lots 19, 20, 21 and 22, Block B, Rudee Heights (416 Southslde Drive), containing 16,585 square feet (LYNNHAVEN BOROUGH). Recommendation: APPROVE BOTH APPLICATIONS ge Application of LUKE B. and LORI A. BALDNIN for a Conditional Use Permit for a single-family dwellin9 in the AG-1 Agricultural District at the Southwest terminus of Blossom Hill Court on Lot 5, Blossom Hill Estates, containing 2.243 acres (PUNGO BOROUGH). Recommendation: APPROVAL he Application of NICHAEL R. and EILEEN A. WARE for a Conditional Use Permit for a single-family dwelling in the AG-1 Agricultural District at the Northwest terminus of Blossom Hill Court on Lot 6, Blossom Hill Estates, containing 2.213 acres (PUNGO BOROUGH). Recommendation: APPROVAL Applications of JOHNNIE B. and PAGE HARTLEY for Changes of Zonin~ District Classification (PRINCESS ANNE BOROUGH): From AG-1 Agricultural District to R-5D Residential Duplex District 600 feet South of Seaboard Road beginning at a point 950 feet more or less East of Bernadotte Street, containing 15 acres more or less; AND, From AG-2 Agricultural District to R-5D Residential Duplex District on the South side of Seaboard Road beginning at a point 950 feet more or less East of Bernadotte Street, containing 15 acres more or less. Deferred for the Adoption of the Comprehensive Plan Recommendation: DENIAL j. Applications of INDIAN RIVER PLANTATION, INC. (PRINCESS ANNE BOROUGH): Changes of Zonin~ District Classification: (1) AG-1 Agricultural District to R-lO Residential District, containing 56.1 acres: PARCEL 1: 720 feet more or less North of Indian River Road beginning at a point 5600 feet more or less West of West Neck Road. PARCEL 2: 700 feet more or less North of Indian River Road beginning at a point 4200 feet more or less West of West Neck Road. PARCEL 3: 640 feet more or less North of Indian River Road beginning at a point 3040 feet more or less West of West Neck Road. PARCEL 4: 840 feet more or less North of Indian River Road beginning at a point 640 feet more or less West of West Neck Road. (2) AG-1 Agricultural District to R-15 Residential District, containing 82.1 acres: PARCEL 1: 660 feet more or less North of Indian River Road beginning at a point 740 feet more or less West of West Neck Road. PARCEL 2: PARCEL 3: 1360 feet more or less North of Indian River Road beginning at a point 3850 feet more or less West of West Neck Road. 1920 feet more or less North of Indian River Road beginning at a point 5540 feet more or less West of West Neck Road. (3) (4) AG-1 A~ricultural District to R-20 Residential District, containing 101.9 acres: PARCEL 1: 700 feet more or less North of Indian River Road beginning at a point 1140 feet more or less West of West Neck Road. PARCEL 2: 1200 feet more or less North of Indlan River Road beginning at a point 900 feet more or less West of West Neck Road. PARCEL 3: 4000 feet more or less North of Indian River Road beginning at a point 700 feet more or less West of West Neck Road. PARCEL 4: 1900 feet more or less North of Indian River Road beginning at a point 4800 feet more or less West of West Neck Road. PARCEL 5: 2300 feet more or less North of Indian River Road beginning at a point 3650 feet more or less West of West Neck Road. PARCEL 6: 1400 feet more or less North of Indian River Road beginning at a point 3700 feet more or less West of West Neck Road. AG-2 A~ricultural District to R-lO Residential District, containing 52.9 acres: PARCEL 1: North slde of Indian River Road beginning at a point 5800 feet more or less West of West Neck Road. PARCEL 2: North side of Indian River Road beginning at a point 5200 feet more or less West of West Neck Road. PARCEL 3: North side of Indian River Road beginning at a point 2920 feet more or less West of West Neck Road. PARCEL 4: West side of West Neck Road beginning at a point 800 feet more or less North of Indian River Road. PARCEL 5: 2940 feet Northwest of the intersection of Indian River Road and West Neck Road. (5) AG-2 Agricultural District to R-15 Residential District, containing 22.8 acres: PARCEL 1: West side of West Neck Road beginning at a point 4440 feet more or less North of Indian River Road. PARCEL 2: 300 feet more or less North of Indian River Road beginning at a point 640 feet more or less West of West Neck Road. (6) AG-2 A~rlcultural District to R-20 Residential District, containing 14.6 acres: PARCEL 1: 700 feet more or less North of Indian River Road beginning at a point 1140 feet more or less West of West Neck Road. PARCEL 2: 3340 feet more or less North of Indian Ri~ver Road beginning at a point 1800 feet mdre or less West of West Neck Road. PARCEL 3: 3480 feet more or less North of Indian River Road beginning at a point 240 feet more or less West of West Neck Road. AND, Conditional Use Permit: For a recreational facility of an outdoor nature (golf course) at the Northwest intersection of Indian River Road and West Neck Road, containing 203.6 acres. Deferred Indefinitely and Referred to Planning Commission: May 14, 1990 Deferred for the Adoption of the Comprehensive Plan Recommendation: DENY ALL APPLICATIONS k. Applications of LAKE RIDGE ASSOCIATES for Conditional Zoning Classifications (PRINCESS ANNE BOROUGH): (1) AG-1 Agricultural District to A-12 Apartment District, containing 103.5 acres: PARCEL 1: 4000 feet more or less Southwest of the intersection of Princess Anne Road and Landstown Road. PARCEL 2: 6400 feet more or less Southwest of the intersection of Princess Anne Road and Landstown Road. (2) AG-1 Agricultural District to A-18 Apartment District 5050 feet more or less Southwest of the intersection of Princess Anne Road and Landstown Road, containing 23.6 acres. (3) AG-1 Agricultural District to B-2 Community Business District, containing 187.1 acres: PARCEL 1: 1200 feet more or less Southwest of Princess Anne Road, 4600 feet more or less Southeast of Landstown Road. PARCEL 2: 2200 feet more or less Southwest of Princess Anne Road, 3900 feet more or less Northwest of North Landing Road. PARCEL 3: 900 feet more or less West of Landstown Road, 2800 feet more or less Northwest of Princess Anne Road. (4) AG-1 Agricultural District to H-1 Hotel District 3400 feet more or less West of Princess Anne Road beginning at a point 4800 feet more or less Southwest of the intersection of Princess Anne Road and Landstown Road, containing 15 acres. (5) AG-1 Agricultural District to 0-2 Office District, containing 200 acres: PARCEL 1: 1200 feet West of Princess Anne Road beginning at a point 1400 feet more or less Southwest of the intersection of Princess Anne Road and Landstown Road. PARCEL 2: 1200 feet East of Landstown Road beginning at a point 3050 feet more or less South of the intersection of Landstown Road and Princess Anne Road. PARCEL 3: 1200 feet West of Landstown Road beginning at a point 1800 feet more or less Southwest of the intersection of Landstown Road and Princess Anne Road. PARCEL 4: 1200 feet West of Landstown Road beginning at a point 3250 feet more or less Southwest of the intersection of Landstown Road and Princess Anne Road. PARCEL 5: 1200 feet West of Landstown Road beginning at a point 4850 feet more or less Southwest of the intersection of Landstown Road and Princess Road. (6) AG-1 Agricultural District to 0-2 Office District located 1200 feet more or less Southwest of Princess Anne Road, 9100 feet more or less Southeast of Landstown Road, containing 155.6 acres. (7) AG-1 Agricultural District to 0-2 Office District, containing 180.1 acres: PARCEL 1: 7320 feet more or less Northeast of the intersection of Landstown Road and Salem Road. PARCEL 2: 1800 feet more or less Southwest of the intersection of Landstown Road and Princess Anne Road. (8) AG-1 Agricultural District to P-1 Preservation District 1200 feet West of Landstown Road beginning at a point 3000 feet more or less Southwest of the intersection of Princess Anne Road and Landstown Road, containing 117 acres. (9) AG-2 Agricultural District to B-2 Community Business District, on the Southwest side of Princess Anne Road, 4460 feet more or less Southeast of the intersection with Landstown Road, containing 18.5 acres. (10) AG-2 Agricultural District to 0-2 Office District 1200 feet more or less Southwest of the intersection of Landstown Road and Princess Anne Road, containing 3.3 acres. (11) AG-2 Agricultural District to 0-2 Office District, on the East and West sides of Landstown Road, South of the intersection with Princess Anne Road, containing 143.2 acres. (12) AG-2 A~ricultural District to 0-2 Office District on the Southwest side of Princess Anne Road, 9100 feet more or less Southeast of Landstown road, containing 17 acres. (13) AG-2 Agricultural District to P-1 Preservation District on the East and West sides of Landstown Road, 7200 feet more or less East of Salem Road, containing 20.1 acres. (14) R-5D Residential Duplex District to 0-2 Office District 1250 feet more or less Southwest of the intersection of Princess Anne Road and Landstown Road, containing 8.5 acres. Deferred for the Adoption of the Comprehensive Plan Recommendation: APPROVE ALL APPLICATIONS Applications of CITY OF VIRGINIA BEACH for Conditional Zoning Classifications (KEMPSVILLE BOROUGH): From R-lO Residential District to B-3 Central Business District 250 feet more or less Southwest of Independence Boulevard beginning at a point 950 feet more or less Southeast of Baxter Road, containing 3.79 acres; From I-2 Heavy Industrial District to B-3 Central Business District on the Southwest side of Independence Boulevard beginning at a point 600 feet more or less Southeast of Baxter Road, containing 8.16 acres; AND, From B-2 Community Business District to B-3 Central Business District on the following parcels: Parcel 1: At the Southeast intersection of Independence Boulevard and Baxter Road. Parcel 2: On the Southwest side of Independence Boulevard beginning at a point 860 feet more or less Southeast of Baxter Road. Total: 13.43 acres Recommendation: APPROVE ALL APPLICATIONS Staff Recommendation: DEFER TO APRIL 23, 1991 J. UNFINISHED BUSINESS K. NEW BUSINESS L. ADJOURNMENT SCHEDULE FY 1991-1992 OPERATING BUDGET APRIL 16, 1991 10:00 AM CITY COUNCIL WORKSHOP - CITY/SCHOOL BUDGET City Council Chamber APRIL 23, 1991 CITY COUNCIL WORKSHOP City Council Chamber APRIL 24, 1991 7:00 PM PUBLIC HEARING Green Run High School Audltorlum APRIL 30, 1991 CITY COUNCIL'S FINAL WORKSHOP City Council Chamber MAY 7, 1991 2:00 PM PUBLIC HEARING and FIRST READING APPROPRIATION ORDINANCE City Council Chamber MAY 14, 1991 2:00 PM SECOND READING APPROPRIATION ORDINANCE City Council Chamber 4/4/91 cmd -10- Item IV-F.1. MINUTES ITEM ~ 34328 Upon motion by Councilman Clyburn, seconded by Councilman Baum, City Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of April 9, 1991. ITEM # 34320, Page 51, APPOINTMENTS to the VIRGINIA MUNICIPAL LEAGUE POLICY COMMI~-rEES FOR 1991, shall be deleted from APPROVAL. City Council shall consider whether the City shall remain in the VIRGINIA MUNICIPAL LEAGUE during the ADOPTION of the FY 1991-1992 OPERATING BUDGET. Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf April 23, 1991 MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia April 9, 1991 Vice Mayor Robert E. Fentress called to order the CITY MANAGER'S BRIEFING relative the COX CABLE FRANCHISE DRAFT ORDINANCE of the VIRGINIA BEACH CITY COUNCIL in the Council Chambers, City Hall Building, on Tuesday, April 9, 1991, at 10:00 A.M. Council Members Present: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan and Nancy K. Parker Council Members Absent: Mayor Meyera E. Oberndorf William D. Sessoms, Jr. (UNDERGOING MAJOR SURGERY) (ENTERED: 2:00 P.M.) -2- CITY MANAGER'S BRIEFING COX CABLE FRANCHISE DRAFT ORDINANCE 10:00 A.M. ITEM # 34289 E. Dean Block, Assistant City Manager for Analysis and Evaluation, distributed information relative the CABLE TELEVISION FRANCHISE ORDINANCE DRAFT and EXHIBITS, which are hereby made a part of the record. Mr. Block recognized Randall Blow - Assistant City Attorney, and Gwen Cowart - Joint Cable Center Administrator, who assisted him in the development of the documentation. This process was under the auspices of the 1984 Federal Cable Communications Policy Act. In other words, there is a Federal Act passed in 1984, which changed the nature of the regulations of the cable industry significantly, placed restrictions on the authorities of local governments to regulate cable television and created a strong presumption of renewal for an existing Cable franchise. The local government is placed in the position of working with the existing Cable Franchise Provider. Over the last decade the environment of Cable television has changed dramatically. The value of cable systems has tended to decline in terms of assets and is now approximately $1500 per subscriber. The value of the Cox Cable assets approaches $150-MILLION with approximately 150,000 subscribers. Mr. Block referenced Page 5, Item 3.13 "Gross Revenues" of the document. The definition was revised significantly. This section is very extensive, more detailed and provides the City with revenue encompassing a variety of business operations related to Cable television which might not hve been clear in the old franchise. The fundamental premise of any cable television franchise in the City is granting a privilege to the Franchisee to use the streets and the rights-of-way owned by the City. The City is entitled to appropriate compensation for the utilization of these facilities as well as appropriation and control over the use of these facilities. This Franchise is granted for the territorial boundary of the City which shall include any new territory, which shall become a part of the City. Grantee shall provide service to any Person, Commercial Entity and Government Entity within the City according to the conditions, limitations and schedules set forth here - in requesting service. If any annexed area is served by another cable operation at the time of annexation, Grantee shall not be obligated to provide service to that area. The Grantee is required to serve any area, occupied dwelling units, which has the equivalent density of 30 homes per street mile of plant contiguous to the activated system. The applicant has agreed to provide service extensions as denoted in EXHIBIT A to extend service over the life of the franchise period throughout entire rural area of the City, whether or not it complies with the 30 houses per mile criteria. The Grantee has offered to accomplish this at the rate of three (3) cable miles per year. This is the trunk line. This does not get the service to one's door which still requires an installation fee depending upon the distance to the home. Mr. Block displayed a map reflecting the plan by COX CABLE in relationship to provision of service. The red dots represented subdivisions serviced. The dark green indicates areas already extended for service. During this current year, the areas to be built are shown in gold. This is primarily the Blackwater area. Beyond this, over a period of three-year segments, the Franchisee proposes to build various sections of these areas out with completion by the year '2003 or earlier depending upon development. The existence of the Transition Areas was explained to Cox Cable. The area to be serviced before December 31, 1994, is depicted in light blue, prior to December 31, 1997 in pink, prior to December 31, 2003, in mauve and yellow prior to December 31, 2003. After the completion of all of this construction, there will only remain a total of 282 houses, occupied dwelling houses, currently in existence, which are not served by cable. Mr. Block distributed copies of this map, which are hereby made a part of the record. The following construction-in-aid payment formula shall apply to service extension not otherwise required: SC = C - C LE 30 C = Actual cost of construction for the proposed service extension. LE = Number of homes passed committed to subscribing in the service extension area. SC = The dollar amount of construction-in-aid contribution to be paid per LE. April 9, 1991 -3- CITY MANAGER'S BRIEFING COX CABLE FRANCHISE DRAFT ORDINANCE ITEM # 34289 (Continued) The Franchise granted is non-exclusive. Commencing on Page 16, Section 5.05 the Technical Standards and Section 5.06 Testing are reiterated. The Technical Standards are basically linked to the Federal Communications Commission rules and regulations relating to cable communications systems. The City is limited by the 1984 Federal Cable Communications Policy Act with relation to regulation of programming and rates. However, one of the important considerations examined was securing a fairly low cost, basic service available to all. The Lifeline Basic Service consists of a minimum of twelve (12) channels. Cox shall maintain a diverse mix, quality and range of programming choices. This Franchise provides for an expansion of the system from 36 to 54 channels over the next four years. In addition to basic services, the Grantee shall initially offer a minimum of four (4) Pay Television services and retains the right to add, delete or modify the Pay Television services. Ail Programming decisions shall be the sole discretion of Grantee; provided however, that Grantee shall maintain a diverse mix, quality, and level of service and shall notify the City, prior to notification of Subscribers, of any proposed change. One of the key elements of the public service portion of the Cable Television function is Service to Public Facilities. Service shall be provided by Cox Cable to all classroom/instructional buildings designated by the City that are owned or leased by the School Board. Service will also be provided to all recreational centers owned or leased by the City. Service shall be provided to the Administration Buildings up to a total of 350 drops or service outlets and Cox Cable will provide Lifeline Basic Service and additional services to those sites without charge over the life of the Franchise. Another key aspect of cable franchise is the designation and support for Local Origination Public Forum and Access Channels (Section 6.08, page 23). Currently, there are three channels of this nature in existence (Channel 11, 28 and 29). Cox has agreed to assure these channels are maintained to the same technical standards as all other channels on the system. Cox will continue to operate Channel 11 (WCOX), set rules and regulations and control the programming. The City shall provide rules and regulations for the Educational and Government Access Channel. Cox shall provide, at no-cost, such appropriate technical services, as desired to assist in aspects related to the operation of Channel 28 and 29. At the completion of the upgrade from 36 to 54 channel capacity, the City will have the option of an additional access channel. Initial Rates are listed as EXHIBIT H (Effective December 1, 1990) on page 132. An agreement has been negotiated for the support of those access channels. Assuming the adoption of the Franchise, an initial cash grant in the amount of $1.00 per Subscriber located within the City shall be paid on July 1, 1991. The $1.00 would represent approximately $100,000, as there are slightly over 100,000 subscribers currently. In addition, Cox has agreed to purchase a multi-channel character generator and associated peripheral equipment for remote operation of the generator. This cost shall not exceed Thirty Thousand Dollars ($30,000.00) The Grantee shall provide four (4) cash grants based on a calculated Subscriber figure in the third, sixth, ninth and twelfth year of the Franchise. Each of those cash grants will be at the rate of $.375 per Subscriber, adjusted for the time value of money based upon the Prime Rate as determined by Chase Manhattan Bank, N.A. on February 1, 1991, plus two percent (2%), compounded annually from the effective date of the Franchise. Grantee shall provide an additional cash grant of $.50 per Subscriber upon activation of the additional Access Channel (See pages 27 and 28). It is estimated approximately $600,000, will be received from the aforementioned payments over the life of the franchise. Quarterly reports shall be provided. Relative Section 7.05 Construction of Facilities, Page 32, Facilities located on, over, under or within the property of the Grantor or private property shall be constructed, installed and maintained in accordance with all applicable City ordinances, rules, regulations and requirement. Cable shall be installed underground at Grantee's expense where both the existing telephone and electrical utilities are already underground (Section 7.08 Undergrounding of Cable). April 9, 1991 - 4- CITY MANAGER ' S BRIEFING COX CABLE FRANCHISE DRAFT ORDINANCE ITEM # 34289 (Continued) The City has access to Cox's Financial Books and Records (Section 8. OPERATION AND REPORTING PROVISIONS). Grantee shall file with the Grantor an extensive Annual Report containing a financial statement verifying total gross revenues, certified by a financial officer of the Grantee, a comfort letter prepared by an independent certified public accountant verifying Gross Revenues for the preceding year, a summary of the previous year's activities. A Subscriber survey shall be conducted once per year. The City shall participate in the development of the questions for that subscriber survey. Service call and complaint summaries must be provided. The Grantor shall have the right to inspect, upon five (5) working days written notice, at any time during normal business hours at the System office, all books, records, maps, plans, financial statements, service complaint logs, performance test results, record of requests for service and other like materials of Grantee which are reasonably necessary to monitor compliance with the terms of this Franchise. Beginning in 1992, the City may require annual evaluation sessions during the term of this Franchise; provided however, there not be more than one evaluation session during any calendar year. There shall be two mandatory Renegotiation Sessions at the discretion of the City during the fifth and tenth anniversary of this franchise which is proposed to have a term of fifteen years. SECTION 9. CONSUMER PROTECTION PROVISIONS advises the Grantor reserves the right to regulate rate increases for cable service to the extent permitted by federal or state law, through approval or disapproval of a rate revision request affording Grantee due process. During any calendar year, Cox may raise the rate for cable service by five percent (5%). Should they wish to go beyond this, Cox must apply to the City for approval by filing a proposed rate schedule with the Grantor. These authorities would be available upon passage by Congress. SECTION 10. GENERAL FINANCIAL AND INSURANCE PROVISIONS: At the time the Franchise is accepted, Grantee shall furnish and file with the Grantor a performance and payment bond, or performance and payment bond together with such other security as is approved by the Grantor. The bond shall run to the Grantor in the penal sum of Four Hundred Thousand Dollars ($400,000). The bond shall be conditioned upon the faithful performance of Grantee of all terms and conditions of the System upgrade. A letter of Credit must be maintained in the amount of $35,000 against violations of the Franchise and there are penalties for violations of specific areas of the Franchise on a per day basis, which are outlined in detail in the Ordinance. Concerned with the Sale or the Transfer of the System, the City negotiated a first Right of Refusal of any sale or transfer of a majority of the assets. This would assure that anyone coming in after COX would provide the type of service deserving of the community. A PUBLIC HEARING for consideration of a FRANCHISE AGREEMENT with COX CABLE HAMPTON ROADS has been SCHEDULED for the City Council Session of April 23, 1991, at 6:00 P.M. The Ordinance Granting a FRANCHISE to COX CABLE will be SCHEDULED for the City Council Session of May 7, 1991. Mr. Block will advise the number of cable miles and the dates installed by COX CABLE in the southern part of the City. Assistant City Attorney Blow cited Section 10.08 Grantor's Right To Revoke. Mr. Blow believed it to be a material provision of the Franchise that the Grantee is required to negotiate in good faith with respect to renewal or renegotiation of any item. Mr. Blow believed, after a thorough review, there was nothing in the document which would preclude the City from imposing a tax. Said document does not waive the right for the City to impose a tax. A copy of the document has been provided to Robert Vaughan, Commissioner of the Revenue. April 9, 1991 -5- CITY MANAGER ' S BRIEFING COX CABLE FRANCHISE DRAFT ORDINANCE ITEM # 34289 (Continued) Concern was expressed relative installation in the southern portion of the City at a faster rate than delineated. The City Staff shall inquire if negotiations might be possible between COX and RESORT SATELLITE SYSTEM, located in the Beach Borough, to enable RESORT subscribers to receive Government Access Channel 28 and 29. As there are approximately 100,000 subscribers and with only one main office, the possibility of an arrangement to enable COX CABLE payments be made in remote locations other than their main office shall be investigated. Mr. Block advised there are approximately 36-38 miles in the Southern portion of the City to be serviced and the cost for providing this service would be $8oo,ooo. Mr. Block referenced COX CABLE advised the provisions proposed in the document would not create a need for a rate increase. Information concerning juncture boxes at ground level will be provided. Mr. Block requested City Council's guidance relative the service in the southern portion of the City. April 9, 1991 -6- CITY COUNCIL WORKSHOP FY 1991 - 1992 OPERATING BUDGET ITEM # 34290 11:20 A.M. E. Dean Block, Assistant City Manager for Analysis and Evaluation, discussed the history of the Real Property Tax Rate 1982 - 1987 80¢ 1988 87.7¢ 1989 91.5¢ 1990 97.7¢ 1991 $1.032 1992 $1.09 increased by 7.7¢ increased by 3.8¢ increased by 6.2¢ increased by 5.5¢ increase of 5.8¢ (2.7¢ for schools 5¢ for roads) (3.8¢ specifically for recreation centers) (5.5¢ for school operations .7¢ for eliminating backlog in park land development and acquisition of parkland) (4.9¢ for schools .6¢ debt service for Judicial Center) (5.8¢ for school operations) Of the tax increases over the last 'half decade, the vast majority (approximately 2/3) have been specifically school related, including the proposed increase of 1992. The City receives nothing from the State for Capital construction of schools. This increase of 5.8¢ will result in funds still less than the increase in the local share of the School Budget. There has not been an increase in the real estate property tax rate in ten years for any City operations: Police, Fire, Libraries. Mr. Block distributed the following charts: Index of Service Demand City Operations Per Capita School Operations Per Capita In addition to the population growth, the Demand for Service is continuing to increase. It has historically not been the policy of the Government outside of its utilities, i.e. water and sewer and the golf courses, in more recent years to fully recover the cost of service from fees. Some different movements in the direction have been made in recent years with development fees, and in some cases, parks and recreation fees have been increased. However, on a general government basis, very few, if any cases, would be the fees charged for certain services to cover the costs. Mr. Block will provide information relative the fees charged, whether or not they are being subsidized and to what extent. April 9, 1991 -7- CITY COUNCIL WORKSHOP FY 1991 - 1992 OPERATING BUDGET ITEM # 34290 (Continued) The FY 1991-1992 OPERATING BUDGET WORKSHOP entailed discussion by the Courts and Constitutional Officers. CIRCUIT COURT GENERAL DISTRICT COURT JUVENILE AND DOMESTIC RELATIONS COURT CLERK OF CIRCUIT COURT CO~ONWEALTH ' S ATTORNEY SHERIFF COMMISSIONER OF THE REVENUE CITY TREASURER The Honorable Kenneth N. Whitehurst, Chief Judge - Circuit Court and Matthew Benefiel, Court Operations Supervisors, advised relative the Position Listing on Page 6-10, the Jury Commissioner Members only meet twice a year for a total budget of $140.00. The Legal Office Assistant was previously an Administrative Secretary. The State pays for the Mandatory Judicial Conference required by the Code. The City provides additional funds for other Training Conferences. Night Court would not be economically feasible. Judge Whitehurst referenced the proposed elimination from the Budget of the Court Services Unit of the Department of Social Services. This unit furnishes to the Juvenile Domestic Relations Court and to the Circuit Court, reports on all custody and visitation cases. J. A. Daniel Smith, Clerk of General District Court, advised the City furnishes $47,502.00 (2% of their total budget). The remaining portion is furnished by the State which is $2,104,508. The Police Department has been given access into the Court's case management system and the Court can tap into information needed. Mr. Smith does foresee in out years, the Court will have interfaces. Next year, the Court will be interfacing with the Central Criminal Record Exchange, which is operated by the State Police. Elizabeth E. Henley, Clerk of Juvenile and Domestic Relations District Court, advised the only new equipment requested is file cabinets. The State Budget is expected to be $1,124,000. The City is providing only $32,844. Juvenile and Domestic Relations District Court is not a revenue producing agency. Mrs. Henley advised the Judges of Juvenile and Domestic Relations, although unable to attend, requested the Court Services Unit of the Department of Social Services not be eliminated. The Honorable J. Curtis Fruit, Clerk of the Circuit Court, advised the proposed budget comprises $389,487. There is an annual savings is utilizing microfilming of records in the amount of $47,176. Ab Chapman, Administrator - Office of the Commonwealth's Attorney, advised his office is working with General Services and Telecommunications regarding securing Voice Mail with the City. The salary of the Commonwealth's Attorney is supplemented by the City in the amount of $13,500. Mr. Block will provide information relative the Contractual Services appropriation in the amount of $164,664 and Other Charges in the amount of $185,100. These appropriations are listed on page 6-9 under COURTS AND PUBLIC DEFENDER. April 9, 1991 -8- CITY COUNCIL WORKSHOP FY 1991 - 1992 OPERATING BUDGET ITEM # 34290 (Continued) The Honorable Frank H. Drew, Sheriff, advised only a small portion of his budget is City funded. The majority is derived through revenues and the State. In discussions with the City Attorney and Attorney General, their method of serving civil papers is incorrect and illegal. A Deputy cannot be forced to drive a civilian vehicle, even if the mileage on that personal vehicle is paid. Two Deputies have lost their insurance as when the vehicle was wrecked, the insurance was cancelled due to police work being handled in their private vehicle. A Lease process for 32 vehicles was investigated and it was determined same will provide approximately $10,000 a 'year savings over present method of paying mileage @ 24¢ a mile to Deputies. The Prisoner Work Force will perform the oil changes instead of the City Garage. There has been a slight increase in Federal revenue. The Honorable John T. Atkinson, City Treasurer, advised beginning in FY 1991- 92, the City Treasurer will assume responsibility for the Set-Off Debt Program and the distribution of food stamps. Relative food stamps, the City will actually gain approximately $24,000 a year following this procedure over the current one in place. There will be a net reduction of three personnel in the Budget by the City Treasurer's Office assuming the Set-Off Debt Program function which will be automated. The City has taken over the billing procedure for the Department of Solid Waste which will result in the reduction of one person. The Honorable Robert P. Vaughan, Commissioner of the Revenue, advised the Office was operating with 2 1/2% less funds in the projected budget than currently. The current level of services of the Commissioner of the Revenue will be maintained. As the contract of manpower formally under Contractual Services has been placed under Personal Service, Mr. Block will provide a description of the consultant type fees. City Council RECESSED for LUNCH at 1:10 P.M. April 9, 1991 -9- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL April 9, 1991 2:00 P.M. Vice Mayor Robert E. Fentress called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chambers, City Hall Building, on Tuesday, April 9, 1991, at 2:00 P.M. Council Members Present: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Nancy K. Parker and William D. Sessoms, Jr. Council Members Absent: Mayor Meyera E. Oberndorf (UNDERGOING MAJOR SURGERY) INVOCATION: Reverend Ted E. David Thalia United Methodist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA April 9, 1991 - 10- Item IV-E.1. CERTIFICATION OF EXECUTIVE SESSION ITEM # 34291 CERTIFICATION was not necessary as no EXECUTIVE SESSION was held. April 9, 1991 - 11- Item IV-F.1. MINUTES ITEM # 34292 Upon motion by Councilman Heischober, seconded by Councilman Sessoms, City Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of April 2, 1991. Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf April 9, 1991 - 12- Item IV-G.i. ITEM # 34293 CELEBRATION: HOMECOMING OF THE DESERT STORM TROOPS Thomas A. Barton and Flo McDaniel, Co-Chairs, distributed a NEWS RELEASE entitled: "VIRGINIA BEACH READIES FOR STAR SPANGLED SALUTE: City to Celebrate Area Military". The gala events will kick off with a patriotic parade -- replete with marching bands, all-American floats and a VIP Motorcade -- to travel down Atlantic Avenue from 12th to 31st Streets beginning at 9:30 A.M. on Saturday, June First. Representative veterans from each of the World Wars will be in attendance riding in vehicles pertinent to that particular time period. Priscilla Beede and Joseph N. Hawa are Co-Chairs of the Parade. Following the Parade, there will be an informal luncheon for the VIP's invited to participate in the day's activities at the Arts Center. A picnic and concert at Camp Pendleton will follow from 2:00 P.M. to 7:00 P.M. Some very prominent names in the entertainment field will entertain. The City is not allowed to release their names at the present time. The catering for the picnic is being done by McDonald's Corporation and Eddie's Ice Cream and will provide refreshments for up to 50,000 participants. A spectacular fireworks display at the oceanfront will commence at 9:30 P.M. Captain James Mulligan, Fund Raising Co-Chair, a very prominent citizen in Virginia Beach, was a Prisoner of War in Viet Nam for seven years. Donations may be made payable to "Star Spangled Salute" and sent to Princess Anne Commercial Bank, Attention: Morgan Davis, Post Office Box 8850, Virginia Beach, Virginia 23450. Any funds remaining will be donated to the Veteran's Memorial in Virginia Beach. April 9, 1991 - 13- Item IV-H. CONSENT AGENDA ITEM # 34294 Upon motion by Councilman Sessoms, seconded by Councilman Heischober, City Council APPROVED in ONE MOTION, Items 1 a.b., 2, 3, 4, 5, 6, 7, 8, and 9 of the CONSENT AGENDA. Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf April 9, 1991 - 14- Item IV-H. la. CONSENT AGENDA ITEM # 34295 Upon motion by Councilman Sessoms, seconded by Councilman Heischober, City Council ADOPTED: Resolution requesting the Virginia Department of Transportation to accept streets for urban maintenance, beginning July 1, 1991: Correction of 3.16 lane miles which will not be eligible for urban maintenance. Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf April 9, 1991 RESOLUTION WHEREAS, the Virginia Department of Transportation requires a council resolution prior to accepting corrections to the revised road inventory for urban maintenance payments; and WHEREAS, city personnel have reviewed the revised road inventory prepared by the Virginia Department of Transportation and have determined that some inaccuracies exist; and WHEREAS, a representative from the Virginia Department of Transportation has inspected and approved these corrections to the revised road inventory; now THEREFORE BE IT RESOLVED, that the Council of the City of Virginia Beach, Virginia does hereby request the Virginia Department of Transportation to accept these corrections and to begin paying urban maintenance payments to the City of Virginia Beach based upon the established rate. Adopted this 9 day of April , 1991 CITY OF VIRGINIA BEACH CITY MANAGER ATTEST P~-H HODG~S SMITH CLERK OF COUNCIL - 15- Item IV-H.lb. CONSENT AGENDA ITEM # 34296 Upon motion by Councilman Sessoms, seconded by Councilman Heischober, City Council ADOPTED: Resolution requesting the Virginia Department of Transportation to accept streets for urban maintenance, beginning July 1, 1991: Additional 71.73 lane miles of urban streets which will be eligible for urban maintenance. Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf April 9, 1991 RESOLUTION WHEREAS, the Virginia Department of Transportation requires a council resolution prior to accepting additional streets for urban maintenance payments; and WHEREAS, the attached streets have been constructed in accordance with standards established by the Virginia Department of Transportation; and WHEREAS, the City of Virginia Beach has accepted these streets and has agreed to maintain these streets, and WHEREAS a representative from the Virginia Department of Transportation has inspected and approved these streets; now THEREFORE BE IT RESOLVED, that the Council of the City of Virginia Beach, Virginia does hereby request the Virginia Department of Transportation to accept these streets and to begin paying urban maintenance payments to the City of Virginia Beach based on the established rate. Adopted this 9 day of April CITY OF VIRGINIA BEACH, VIRGINIA A~BR~V. W~T~, JR. CITY MANAGER ATTEST ROTH ~ODG~S S~ITH CLERK OF COUNCIL , 1991 - 16- Item IV-H.2 CONSENT AGENDA ITEM # 34297 Upon motion by Councilman Sessoms, seconded by Councilman Heischober, City Council ADOPTED: Resolution directing the Director of Finance to authorize Citibank to make payment of $5,000 principal plus interest to date of maturity to owner Brian J. Davis, 10318 Grenadier Way, San Antonio, Texas, re General Obligation Public Improvement Bond, Series of 1984. Bond number R- 5415 was misplaced by the owner. Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf April 9, 1991 A RESOLUTION TO AUTHORIZE REPLACEMENT OF A LOST BOND 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 WHEREAS, Brian J. Davis of 10318 Grenadier Way, San Antonio, Texas, has affirmed that he is the sole legal and beneficial owner of a City of Virginia Beach 10.0% General Obligation Public Improvement Bond, Series of 1984, R/N/O Wilfred Davis & Brian J. Davis, Joint Tenants, Bond number R-5415, at $5,000 denomination, bearing 10% annual rate of interest, dated July 15, 1984 and due July 15, 1990; WHEREAS, Brian J. Davis, has also affirmed that the said security has been lost.; and WHEREAS, Brian J. Davis has complied with all legal provisions to effect replacement of payment of said security by providing the appropriate affidavit and indemnity; NOW, THEREFORE, BE IT RESOLVEDBY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that the Director of Finance is directed to authorize Citibank, N.A., Paying Agent on said bond issue, to make payment to Brian J. Davis of 10318 Grenadier Way, San Antonio, Texas, of Five Thousand Dollars ($5,000) principal amount plus interest to date of maturity on said bond. 21 22 Adopted by the Council of the City of Virginia Beach, 9 April Virginia, on the day of , 1991. 23 24 25 CA-91-4158 RES\NONCODE\CA-4158 R2 SIGNATURE D EPA'~,~'t~,ENT AF"PROVED AS TO LEGAL SUFFICIENCY AND FORN~. "CITY ATTORNEY CHUBB GROUP of Insurance Companies 15 MolJntain View Ftoad, Wat~en, NI 07f)Gf) BOND OF INDEMNITY FEDERAL INSURANCE COMPANY Incorporated under the lewe of New Jereey 8000-28-49 BOND NO. 9]-737 KNOW ALL MEN BY THESE PRESENTS, that FEDERAL INSURANCE COMPANY, a corporation duly organized and existing under and by virtue of the laws of the State of New Jersey and duly authorized to transact the business of Insurance in the State of New York and all other States in the United States of America and having an office and place of business in New York State at 100 William Street, New York, N. Y. 10038, and in the State of as Obligor(hereinaftercalledthe"Obligor")is held and firmly bound unto CITY OF VIRGINIA BEACH CITIBANK, N.A. NYC individually and/or as Trustee, Depositary, Fiscal, Paying or Disbursing Agent, Registrar, Transfer Agent, (and unto any other Trustees, Depositaries, Fiscal, Paying or Disbursing Agents or Agencies, Registrars and/or Transfer Agents,) their respective legal representatives, successors and assigns (hereinafter collectively called "Obligees"), in an aggregate sum, lawful money of the United States of America, sufficient to indemnify the Obligees under the conditions of this bond as hereinafter set forth, but not exceeding the maximum amount for which Obligor may obligate itself on the date of this bond in respect of any one risk or hazard under any law governing the validity or performance of this bond, said sum to be paid to Obligees, their respective legal representatives, successors or assigns, as interest may appear; for which payment well and truly to be made the Obligor binds itself, its legal representatives, successors and assigns, jointly and severally, firmly by these presents. SEALED with its seal and executed in January, 1991 counterparts, as of the 14th day of WHEREAS, the Obligor represents that Brian J. Davis is/are the unqualified owner(s) of City of Virginia Beach ]0.0% Public & Brian J. Davis Jt. Ten. Bond # R-5415 for $5,000.00 R/N/O Wilfred Davis (such security or securities being hereinafter called "original" or "originals"), and that the same has/have been mislaid, lost, destroyed or wrongfully taken and cannot be found or produced, by virtue of which the Obligor has requested Obligees to issue and deliver to Brian J. Davis or his/her order a new or duplicate instrument or instruments (hereinafter sometimes called "duplicate" or "duplicates"), or to pay to Brian J. Davis or credit to his/her account the amount due on said original or originals without surrender or presentation there- of for cancellation or stamping or for any other purpose; and PflI~NTE'O Form 30-02-01 (Rev. 5-66) (Formerly 403F (1)) P-85481 (15M} PAGE 1 US*,, WHEREAS, on the faith of the foregoing representations and in consideration of this bond of indemnity, Obligees have complied or have agreed to comply with said requests; NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE, that if the Obligor, the legal rep- resentatives, successors or assigns of the Obligor or any of them, shall in case the original or originals be found or come into the hands, custody or power of any of them, or into the hands, custody or power of any person, deliver or cause the same to be delivered unto Obligees in order to be cancelled, and shall also at all times de- fend, indemnify and save harmless Obligees from and against any and all claims, actions and suits, whether groundless or otherwise, and from and against any and all liabilities, losses, damages, costs, charges, counsel fees and other expenses of every nature and character by reason of the original or originals and/or the issuance of a duplicate or duplicates in lieu thereof or in lieu of any instrument or instruments of purported like issue and amount which because of alteration, change or counterfeit may or may not be identified asthesaid mislaid, lost, stolen or destroyed original or originals, or the making of any payment, credit, transfer, registration, conversion, exchange or delivery in respect of the original or originals without surrender thereof and/or in re- spect of the duplicate or duplicates, whether or not caused by, based upon or arising out of the honoring or refusing to honor the original or originals when presented by anyone, and/or whether or not caused by, based upon, or arising out of inadvertence, accident, oversight or neglect on the part of Obligees, or any of them, or their respective officers, agents, clerks or employees and/or ommission or failure to inquire into, contest or liti- gate the right of any applicant to receive any payment, credit, transfer, registration, conversion, exchange, issue or delivery in respect of the original or originals and/or the duplicate or duplicates issued in lieu thereof, and/or caused by, based upon or arising out of the release of any security or the satisfaction of any instrument or instru- ments, under which the original or originals and/or duplicate or duplicates are issued or secured, and/or caused by, based upon or arising out of any other matter or thing whatsoever, then this Obligation shall be void; other- wise shall remain in full force and effect. Obligor further agrees that if the mislaid, lost, stolen, or destroyed original or originals be found or come into the hands, custody or power of any person or into the hands, custody or power of the Obligees or any of them for any purpose other than cancellation without reissue, the Obligor will forthwith on demand obtain and deliver to the Obligees either such original or originals or such duplicate or duplicates or will pay to the Obligees a sum of money sufficient to enable the Obligees to purchase in the open market securities of the same issue and amount as the original or originals. Obligor further agrees that, in case of any default under the conditions of this bond, the Obligor waives and releases any and all right or claim against Obligees, or any of them whether by way of subrogation or otherwise, for any loss, expense or liability incurred by the Obligor caused by, based upon or arising out of the enforce- ment of this bond by the Obligees or any of them. (No inaccuracy in the description of the securities herein referred to as original or originals shall alter, modify or affect the obligations of the Obligor hereunder.) Obligor agrees that its liability hereunder shall be absolute, subject only to the conditions herein expressed. FEDE~_I, NSURANCE C O/~I~Y~ BY [.~.~ .~-.-' .-.~.~ ~.~'...~... ......... Patricia V0n Posch Attorney-in-Fact Form 30-02-01 (Rev. 5-67) (Formerly 403F(2)) PAGE POWER OF ATTORNEY Know nil Men by these Presents, That the FEDERAL INSURANCE COMPANY, 15 Mountain View Road, Warren, New Jersey, an Indiana Corpor~ lion, has constituted and appoinled, and does hereby constitute and appoin! Toni Percoco, Ed Van Name, Thelma Rather and Part,cia Von Posch of New York, New York ......... thereoneaCh its ortrUeotherwise,and lawfUlbondsAttorney.in-FaCtof any of that° executefollowingUnderclasses,SUChlo.wit:designation in its name and to affix its corporate seal to and deliver for and on ils behalf as surer 1. Bonds and Undertakings (other than Bail Bonds) filed in any suit. matter or proceeding in any Court, or filed with any Sheriff or Magislrate, for Ihs doinl or not doing of anything specified in such Bond or Undertaking. . 2. Surety bonds to the United States of Amer ca or any agency thereof, including those required or permitted under Ihs laws or regulations relatin~ lo Custom~ or Internal Revenue; License and Permit Bonds or olher indemnity bonds under the laws, ordinances or regulations of any State, City, Town, Village, Boar¢ or olher body or organization, public or private; bonds to Transportation Companies, Lost Ins!rumenl bonds; Lease bonds, Workers' Compensation bonds Miscellaneous Surety bonds and bonds on behalf of Notaries Public, Sheriffs, Deputy Sheriffs and similar public officials. 3. Bonds on behalf of conlrac!ors in connection wilh bids, proposals or conlracts. In Wllnesl Whereof. the said FEDERAL INSURANCE COMPANY has, pursuanl fo its ByLaws, caused Ihexe presents Io be S'gned by r~ Vice P~ident and Aasistafll Secretary end It~ Corporate sea to be hereto aff,xed ,.~ 1st deyof May ,9 90 Corporate Seal STATE OF NEW JERSEY '~ County of Somerset ,~ ss. Ja .~ O. Dixon  / vice Pmaidem ~. u ich. to u. ~J c. onnor onmg Dy me duty 9,~'n, did deDOse and sly Ihet he ~s Assistant ~cr~sry of FEDERAL INSURANCE COMPANY and knows the corDorete seal thereof: Ih,Il the seal affixed lo the Ioregoing Power of Attorney is such corporate seal and wis thereto affixed by authority of fha By-Laws of said Company, and Ihat he signed said Power of Attorney ss Assistant Secretary of se~d Company by like Sulhority: and that he is acquainted with James D D~xon and knows him Io be the Vice Pmaldenl of laid Company. and thai Ihs signature of said James O Dixon subscribed Io said Power of Allorney is in the genuine handwribng of said James O Dixon and was ther~ sul~crfl3~d by authority of said By-Laws and ~ depo~enl's Notarial : N~W STATE OI JE~EY County of Somerset ~ ss. CERTIFICATION Acknowledg, ecl Iud Sw~n to before me on the d~e NICOLETTE T. PASCULU N~ary Pu~c Notary Public, SI3~e o~ New Jer~y No 2066518 Commission E xp~tes I. Ihs undersigned. Assistant Secrelary of Ihs FEDERAL INSURANCE COMPANY, do hereby certify that the following is a true excerpt from the By-laws of the se~d Company ss adopted by tte ~oard of Directors March 2, 1990 end Ihet this By-I.~w is in full force and effecI ' "ARTICLE XVIII. Section 2' All bonds, undertakings, contracts and other inSlruments other than IlS above for and on behs'f of the Co~'lpsny which il is authorized by law' or its charter to ex~cuta, may and shall be evacu~<l in the name and on behalf of the Company either by Ihs Chairman or the Vice Chairman or Ihs President or S V~Ce President. jointly with the Secretary Of an A~s~stant Secretary. under their resl:)e~h~ designat'Ons, excspl that any one or more officers or attorneys-in.last designated in any resOlul~on ol Ihs Board Of Direc'lors or the Execuliva Commillee. or in any purer of attorney executed Il provided E)r i~ Section 3 below, may execute any such bond. undertaking or ether obligetion as provided in such resetulion or power of sttorr~y S~clio~ 3 All powers of atlomey for and on behalf of Ihs Company may and ~hail be executed ~n fha name and or1 behalf ol the Company. e~her by Ihs Chamois or the Vice Chairman or the P~idenl or a Vice P~idenl or an Assset,~nt Vi~.e Preside~l' jo~ntl~ with the Secretary or an Assistant S~,cretary. under their respecliw designatems. The signature of such officers may be engrlvad, print ed or Itlhographed. The signalum ol each of the tollowmg off,cs~. Chairman' V~ce Chmrman, Preside.rtl. any Vice President. any Assistant Vice President. any Secretary, any Asslstanl Secretary and Ihs seal of the Company may be affixal by facsimile to any ~ of attorney or to any corhficate reletmg lhereto aDf:x~ng Assistant Secr~ar-,es or Attorr~/s4n-Fset for purposes o~ly of esecuting and effesting bonds I~d unde~laking~ end ether wrilmgs o/oligatory in Ihs nature thereof, and any such power of etlorney or certificate bearing such facsimile signature or facsimile ~eal shall be valid and binding upo~ the Company am9 any such po*mr 9o executed sod cetltfiod by such facsimile aignelure and facsimile seal shall be valid and binding upon Ihs Company w~th respecl to any bond or undertaking to which il is etlached." I furthe~ certify that said FEDERAL INSURANCE COMPANY is duly licensed Io franseet fidelity and surety business in each of Ihs States of the United States d America. Dietriet d Columbia. Puerto Rico, and each of the Provinces of Canada with Ihs exception of Prince Edward Island'. end is also duly licensed to become sole surety o~ bo~dl, undertakings, etc , permilled or required by law I, the undersigned Assietanl Secretary of FEDERAL INSURANCE COMPANY, do hereby certify that the foregoing Power of Attorney is in full force and e~eet. Given under my hand and the seal of said Company et Warren, N.J. this ! 4 t h GENERAL January 91 dayof 19 P~ D ACKNOWLEDGMENT OF ANNEXED INSTRUMENT STATE OF New York COUNTY OF New York Onthis 14th dayof January Patricia Von Posch _19 91 . before me Persona/ly came _who, being by me duly sworn, did depose and say thal he is an Afforney-in-Fact of the FEDERAL INSURANCE COMPANY. and knows the coq3orale seal theeeof; th~l the seal affixed to said annexed inslrument is such coq3orate Seal, and was tbefelo affixed b Power of Attnm~, ,., .,:.., ..... . Y luthoHly Of the ..... , ~,, ==,u ~,ompany, of which a Certified Copy is hereto attached, and that he signed ~ In- mmmem as an Attorney-in-Fact of said Company by like authority. My Oommi.~ion Expir~ BETSY £. MONTGOMERY Notary Public State of New YoHI No. 4651615 Qualified In Nassau C~un~, Certificate filed in New York County Commission Exp/res~ 30, FEDERAL INSURANCE COMPANY STATEMENT OF ASSETS, LIABILITIES AND SURPLUS TO POLICYHOLDERS Statutory Basis DECEMBER 31, 1989 (in thousands of dollars) ASSETS United States Treasury Bonds .......... $ 369,271 United States Government and Federal Agency Guaranteed Bonds ........... 322,546 State and Municipal Bonds ............ 1,876,348 Other Bonds ........................ 451,754 Common Stocks ..................... 268,469 Preferred Stocks ..................... 240 Other Invested Assets ................. 57,838 Short Term Investments ............... 33,333 Real Estate ......................... 5,429 TOTAL INVESTMENTS .............. 3,385,228 LIABILITIES AND SURPLUS TO POLICYHOLDERS Outstanding Losses and Loss Expenses.. $ 2,668,438 Unearned Premiums .................. 833,581 Accrued Expenses ................... 74,351 Non-Admitted Reinsurance ............. 42,658 Dividends to Policyholders ............. 23,840 Loss Portfolio Transfer ................ (141,624) Other Liabilities ...................... 180,214 TOTAL LIABILITIES ................. 3,681,458 Investments in Affiliates: Vigilanl Insurance Company ......... 173,621 Great Northern Insurance Company ... 55,990 Pacific Indemnity Company .......... 288,784 Bellemead Development Corporation... 336,518 C.C. Canada Holdings Ltd ........... 62,616 Other ~ ........................... 46,140 Cash .............................. 13,12t Net Premiums Receivable ............. 428,505 Reinsurance Recoverable on Paid Losses 45,982 Other Assets ........................ 137,576 TOTAL ADMITTED ASSETS .......... $ 4,974,081 Capital Stock ........................ 13,987 Paid-in Surplus ...................... 472,986 Unassigned Funds ................... 457,187 Unrealized Appreciation of Investments .. 348,463 SURPLUS TO POLICYHOLDERS ..... ,292,623 TOTAL LIABILITIES AND SURPLUS TO POLICYHOLDERS ............. $ 4,974,081 Investments are valued in accordance with requirements of the National Association of Insurance Commissioners. Investments valued at $8,014 are deposited with government authorities as required by law. State, County & City of New York, -- ss: Richard Hight, Assistant Secretary of the Federal Insurance Company being duly sworn, deposes and says that the foregoing Statement of Assets, Liabilities and Surplus to Policyholders of said Federal Insurance Company on December 31, 1989 is true and correct and is a true abstract of the Annual Statement of said Company as filed with the Secretary of the Treasury of the United States for the 12 months ending December 31, 1989. Subscribed and sworn to before me this 1st day of April, 1990. Notary Public Assistant Secretary DORIS E VILLEGAS (SPARKS) NOTARY PUBLIC, Stale ol New York No. 01VI461267~ Qualified in Putnam Counly Certificate Filed in New York County Commission Expires June 30, 1991 Form 27-10-0071A (Rev. 4-90) PRINTEr) CHUBB GROUP of Insurance Companies 51 John F Kennedy Par'kway .Short H~lls New Jersey 07978 file# 501676 FEDERAL INSURANCE COMPANY LOST ORIGINAL INSTRUMENTS AFFIDAVIT AND AGREEMENT IN CONNECTION WITH BLANKET LOST ORIGINAL INSTRUMENTS BOND Transfer Agent, please complete prior lo signalure of affiant: 1. Blanket Bond No. 8000 - 28 * 49 in favor of CITIBANK, N.A. 2. Coverage required: (X) open penalty; ( ) fixed penalty $ 3. Current market value of security $ ~ , O O O 4. Surety bond premium $ (first named obllgee) 5. CompletedescriptlonofLostOriglnallnslruments: CITY OF VIRqINIA BEACH !0.0% PUBLIC T~POV~.Mw.~. BOwn Sw.~!w.S l qR4 _mTD 7/15/84 ~ DUE 7/15/1990 R/N/O WILFRED DAVIS ~ BR~AN J DAVIS JT TEN State of County of Fex~r Affiant, Brian J. Davis ss. residing 40318 Grenadier Way San Antonio Texas (Street) (Clly) (State) being first duly sworn, states that: 1. Affiant is 42 years of age; that affiant's business or occupation is U.S, Government ; and that affiant, unless otherwise stated herein, is the lawful owner and is ~ntitled ~o possession of above described securllies (herein collectively called ttie "LoSt Original Instruments"). "Affiant," as used herein, means the person who makes this affidavit and who, unless otherwise stated herein, claims to be the lawful owner of the Lost Original Instruments. If such owner is a corporation, partnership, or is acting as a trustee or other fiduciary, state such facts here:. 2. Said Lost Original Instruments became such on or about July t~nder f~rstate move on that dace the. foIIowing.circumstaoces: (State ave not oeen z~enti~ea s~nce an . ,19 87, 3. Said Lost Original Instruments t were not ( were-.- the exact manner of endorsement.) endorsed. (Strike out inapplicable words. If endorsed, describe 4. Neither said Lost Original Instruments nor the rights of affiant in said Lost Original Instruments have, in whole or in part, been cashed, negotiated, sold, assigned, transferred, hypothecated, pledged, deposited under any agree- ment or Other~vise disposed of; and to the knowledge of affiant no claim of right, title or interest, adverse to affiant, or the owner thereof, in or to said Lost Original Instruments has been m~de or advanced by any person. 5. Affiant ha~ m~de ~r cau.~Rd tn b.. mRd~. clilig~.nt .ee~rch for said I.ost Original Instruments, and has been unable to find or recover the same; and makes this affidavit and agreement for the purpose of inducing the issuance of new or replacement Original Instruments in lieu of the said Lost Original Instruments, or the distribution to affi- ant or the owner thereof, of liquidation proceeds thereof. Affiant hereby agrees immediately to surrender said Lost Original Instruments for cancellation should such Lost Original Instruments at any time hereafter come into the hands, custody or power of affiant or any other person. 6. Affiant agrees that this affidavit and agreement is delivered to accompany a bond of indemnity (herein called "Blanket Bond") which the above referenced first named obligee holds for the protection of parties in interest in connection with Lost Original Instruments the issuance of replacement Original Instruments, or in connection with distributing liquidation proceeds of said Lost Original Instruments, which Blanket Bond is underwritten by the FEDERAL INSURANCE COMPANY, (hereinafter called "Surety Company"). Affiant hereby requests said Surety Comparly .to a.ssume liability under said Blanket Bond for the new or replace- ment .ce.rt!ficate or certificates, or the liquidation proceeds thereof, herein applied for by afliad{; ~ Affiant hereby agrees, for himself, his hsirs, assigns and personal representatives, or if the owner of the Lost Orig- inal Instruments is a Corporation or a Partnership, for and in behalf of such owner, (affiant hereby warrants that he Fo~'n 15-O2-155{Rev 4~82) R-32322(3M) ,",".'~e has the authority from such owner to execute this instrument) in consideration of the issue and delivery of such new or replacement Original Instruments, of the distribution to affiant or to the owner thereof, of the liquidation proceeds.of, sai.d Lost Original Instruments, and in consideration of the assumption by said Surety Company of liability therefor under its Blanket Bond, tllat affiant a.grees, for himself, his heirs, assigns and personal represen- tatives, or if the owner of the Lost Original Instruments is a Corporation or a Partnership, for and in behalf of such owner, to completely indemnify, protect and save harmless, as a continuing obligation under which successive recoveries may be had, jointly and severally, each of the Obligees named in said Blanket Bond (the references therein as to the names and descriptions of the Obligees therein being incorporated herein by reference and are hereby made a part hereof) and the Surety Company, from and against a!l loss, costs and damages including' court costs and attorneys' fees, to wllich they may be subject to or liable for in respect of any and all the Lost Orig- inal Instruments, the issuance of replacement Original Instruments, the distribution of liquidation proceeds of said Lost Original Instruments, the requested action or associated therewith, or the assumption of liability. Affiant ~grees that this affidavit and agreement may be attached to and made part of said Blanket Bond; and affiant hereby further agrees for himself, or if the owner of the Lost Original Instruments is a Corporation or a Partner- ship, for and in behalf of such owner, to furnish the Obligees (without expense to Obligees) with a new bond of in- demnity with satisfactory surety or sureties in case said Blanket Bond and this Indemnity Agreement should not at · .,,,:~ ,,,, o, for any reason in the open;on of '~'- '""-': ..... ' (Following information requested by the Surety Company): 7. Affiant represents that he or the owner of the Lost Origina~ Instruments owns in his own name real estate at. 10318 Grenad-[er Way worth $ 80,000 , and mortgaged for$_aa , and cash and securities, in excess of debts, valued at $ 25,000 or more; and refers to (Bank) Broadway Bank Address San Antonio, Texas , and , Address as to affiant's reputation and integrity and as to affiant's financial condition. 8. Affiant hereby agrees that other persons may join herein by supplementary affidavit and that when so joined this Affidavit and the requests and the agreements herein made and contained shall be joint and several among the affiant herein and each and every of such other affiants. Any person who, knowingly and with intent to defraud any insurance company or other person, files an application for insurance, containing any materially false information, or conceals for the purpose of misleading, information concerning any fact material.thereto, commits a fraudulent insurance act, which is a crime. Signed, sealed and delivered by affiant, the_ ,'~._~_~_ _de~of SUPPLEMENTARY AFFIDAVIT AND .AGREEMENT Affiants (name residing at (SEAL) __and refer.~ to (Bank) located at (Address). __, and (Name) residing at and refers to (Bank) located at (Address) being first duly sworn, each state that the foregoing Affi- davit is true and correct, and that affiants join therein and in the requests and agreements herein contained as fully and with the same effect as though each of affiants were the affiant therein. (Signature) State of Texas County of Bexar On this 23RD 19_ 9__0_, before me personally appeared and and (Signalure) ....................... Do Not Write Below This Line ....................... ASSUMPTION CERTIFICATE We hereby liabil._.._jity under Blanket Lost Original Inst.~ments Bond No. assume executed on the day of , 19 -'~ in respect of the Lost Original Instruments mentioned in .the above Affidavit.' f~' Such liability is ) fimft~.~/U~ \ t r~i~i~d eXc~/t~ s~.~ied in said Blanket Bond Signed, sealed and delivered atU ~(-') / ~ ~ ~) ,, this. ~ day of / / ~°. ~ n.";. No , / ~_) By .J _ described in and who executed the foregoing instrument, and, being by me ..du~ sworn, did depose and say t6at the statements therein co~~.,~e true. ~:~--~ HOPEExp..08 ~ 26 ~.:~ MEDINA' . ~ "'~*~ Notary Public, State of Tex'~ I~btary Public ~' My commission expires ...... -"7/-- day of OCTOBER Brian J. Davis ~ and , to me known and known to me to be the individual(s) FORM NO. P.S, In Reply Refer To Our File No. CA-4158 DATE: April 2, 1991 TO: Giles G. Dodd DEPT: Finance FROM: Nianza E. Wallace II~ DEPT: City Attorney / RE: Lost Municipal Bond Crestar Bank Enclosed, please find the following original documents: 1. Letter from Citibank, N.A. 2. Agenda Request 3. Resolution to Authorize Replacement of a Lost Bond 4. Indemnity Bond 5. Affidavit Please advise when the matter will be placed on Council's agenda. NEW/klp Enclosures $0-09 20 e~¢nange lplaee DATE: 1-16-91 TROY TRITAMME R OEPUTY CITY TREASURER CITY OF VIRGINIA BE~CH, VA MUNICIPAL CENTER P.O.BOX 6157 VIRGINIA BEACH, VIRGINIA 23456 RE: · '~J~IPAL. BOND. REPLAC~L~IENT D-FF, R~US~N.":T~EL~:..(2Z2) V68-(/542 ~ ILit_' 5_01676 ' CITY OF V'IRGINIA BEACH 1'0.0% PUBLIC BOND SERIES 1984 DTD 7/15/84 DUE 7/15/1990 BOND # R-5415 FOR $5,000 P.A. R/N/~ WILFRED DVIS & BRIAN J DAVIS JT TEN DEAR SIR: gE ENCLOSE A COUNTERPART OF THE DOCUNENT FURNISHED TO US TO INDUCE YOUR AUTHORIZATION OF OUR ISSUING A REPLACENENT OF THE 'ABOVE'SECURITY. THE DOCU#ENTATZON FLEETS I/ITH OUR APPROVAL AND IF FOUND TO 8E IN ORDER, i/E SHALL APPRECIATE YOUR FURNISHING US #ITH THE NECESSARY AUTHORZZATION, IN DUPLICATE, TO COMPLY ¥ITH THIS REQUEST. SINCER EL Y, ' DAPHNE FERGUSON MUNI BOND REPLACEMI~NT CC: BRIAN J. DAVIS 10318 GRENADIER WAY SAN ANTONIA, TX 78217 - 17- Item IV-H.3 CONSENT AGENDA ITEM # 34298 Upon motion by Councilman Sessoms, seconded by Councilman Heischober, City Council ADOPTED: Resolution referring to the Planning Commission proposed Amendments to Sections 1501, 1503, 1506 and 1507 of the City Zoning Ordinance re RT-! Resort Tourist District. Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf April 9, 1991 A RESOLUTION REFERRING TO THE PLANNING COMMISSION PROPOSED AMENDMENTS TO SECTIONS 1501, 1503, 1506 AND 1507 OF THE CITY ZONING ORDINANCE, PERTAINING TO THE RT-1 RESORT TOURIST DISTRICT 6 7 8 9 10 11 12 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That there is hereby referred to the Planning Commission, for its consideration and recommendation, proposed amendments to Sections 1501, 1503, 1506 and 1507 of the City Zoning Ordinance, pertaining to the RT-1 Resort Tourist District. A true copy of such proposed amendments is hereto attached. 13 14 Adopted by the City Council of the City of Virginia Beach, Virginia, on the 9 day of April , 1991. 15 16 17 CA-91-4162 ~noncode~RT-l.res R-1 DEPA~'FM/:NT APPIJOVED AS 'TO LEC?AL .,) /JJUFEICIEN~:YAND ~ITY ~TTORNEY 1 2 3 4 5 AN ORDINANCE TO AMEND AND REORDAIN SECTIONS 1501, 1503, 1506 AND 1507 OF THE CITY ZONING ORDINANCE, PERTAINING TO THE RT-1 RESORT TOURIST DISTRICT 6 7 8 9 10 11 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, That Sections 1501, 1503, 1506 and 1507 of the City Zoning Ordinance, pertaining to the RT-1 Resort Tourist District, be, and hereby are, amended and reordained, and shall read as follows: 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 8ea. 1501. (a) (1) Use regulations. Principal Uses and structures: Hote.ls and motels, which may have in conjunction with them any combination of restaurants, outdoor cafes, retail commercial use and convention facilities, provided that uses in conjunction with hotels and motels may not occupy more than ten (10) percent of the floor area of all structures (excluding parking) located on the lot, =~ ..... ~'~ +~=+ ~ ~+~ ~ subject to the following: following conditions: no entrance or ezit to ~+ .... ~ .... facing Ohm ~n:w~ .... I ~ U~~ ................. ~ ......... co 'ard 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 wa ! k. council (i) The structure enclosinq the uses permitted in conjunction with hotels and motels shall be fully enclosed at all times by solid exterior walls and roof with no exterior openinq, other than passaqe- way doors as may be required by the Virqinia Uniform Statewide Buildinq Code; ~--, ~ ............................... permitted in be permitted, a ~=~;~ o~=~ ~ ...... with suitable ~ ......... ~ f ..... f .... ~=f=~f ............. capable of duration of the use permit. It sha~l~ either side of the enc!esure not facing the ocean. -~ ........ , ............... permanent part o ~4~- ~s ............. which ~ ~a.faa towards the beach· .(ii) Such enclosed structure shall be located entirely within the same structure enclosinq the principal use; and (iii) No entrance or exit to a use permitted in conjunc- tion with hotels and motels shall be located on the 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 side of the structure facing the boardwalk, unless such entrance or exit provides access to a courtyard or intervening open area, in which case such open area shall be fully fenced or walled to a height of at least four (4) feet and without any entrances or exits facing the boardwalk. The only exceptions to this condition apply to boardwalk cafes as permitted by special regulations esta- blished in franchise agreements approved by City Council. (iv) Parking structures shall be permitted in conjunction with hotels and motels provided that ground level parking fronting Atlantic Avenue, the boardwalk, or any public park or open space is prohibited except for necessary access drives and ramps. (2) Public buildings and grounds; (3) Public utilities installations and substations includ- ing offices; provided storage or maintenance facilities shall not be permitted; and provided, further, that utilities substations, other than individual trans- formers, shall be surrounded by a wall, solid except for entrances and exits, or by a fence with a screening hedge five (5) to six (6) feet in height; and provided also, transformer vaults for underground utilities and the like shall require only a landscaped screening hedge, solid except for access opening. (4) Bicycle rental establishments in conjunction with hotels and motels, subject to the following: (i) Such establishments shall be no less than two hundred (200) feet in area and shall have minimum dimensions of ten (10) feet by twenty (20) feet; (ii) The area upon which bicycles are displayed shall be paved and the perimeter thereof delineated by 8" ~ 8" timber curbing, except at the point of ingress 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 and egress; (iii) No more than twenty (20) bicycles shall be stored or displayed in the rental area at any one time, repairs shall not be conducted in the rental area, and no rental activity shall be conducted on public property; (iv) No more than one (1) sign identifying any such establishment shall be permitted, and no such siqn shall exceed four (4) square feet per face in surface area, be illuminated, or encroach into any portion of the public right-of-wayF and .(v) Points of ingress and egress of any such establishment located adjacent to public property shall be directly connected to the boardwalk bicycle path by means of an existing sidewalk, street or connector park. (b) Conditional uses and structures: Uses and structures hereinafter specified, subject to compliance with the provisions of part C of article 2 hereof: (1) Commercial parking lots and parking garages. (2) Heliports and helistops. the use ~ ~:~m ,.,~h~ fifty 127 128 129 130 131 132 133 134 135 Seotlon ~503. Sign regulations. (a) Within the RT-1 Resort Tourist District, sign regula- tions pertaining to hotels and motels shall be as follows: (1) For each twenty (20) feet of frontage and for each forty (40) feet of lot line adjoining a street, but not constituting frontage, not more than one (1) sign and not more than forty (40) square feet of surface area of signage shall be permitted; provided, however, that no establishment shall have more than four (4) signs of 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 which one (1) may be a freestanding sign; and provided further, that no establishment having a frontage of less than one hundred (100) feet shall have a freestanding sign. No establishment having a frontage of at least one hundred (100) feet but less than or equal to two hundred (200) feet shall have a freestanding sign exceeding thirty-two (32) square feet of surface area per face, and no establishment having a frontage of more than two hundred (200) feet shall have a freestanding sign exceeding seventy-five (75) square feet of surface area per face. No freestanding sign shall exceed two (2) faces, and no sign of any other type shall exceed one hundred fifty (150) square feet of surface area. Any establishment or property having less frontage or lot line adjoining a street than required above may have one sign not exceeding thirty (30) square feet of surface area. (b) Within the RT-1 Resort Tourist District, sign regula- tions pertaining to multiple-family dwellings, parks, playgrounds, community ce~ers, botanical and zoological gardens and other public buildings and uses shall be as specified in the district where the use is first permitted as a principal use. (c) Identification signs for boardwalk cafes and mobile ~ permitted as part of a city council approved franchise agreement shall not be counted against the sign allowance specified elsewhere in this section. (d) Identification signs for bicycle rental establishments, as permitted in Section !5©!(a) (1) (ii) 1501(a) (4), shall not be counted against the sign allowance specified elsewhere in this section. (e) Sign regulations pertaining to all other uses and structures shall be as a~ specified in the RT-2 Resort Tourist District. 169 Section 1506. Maximum density ratings. 5 170 171 172 173 174 The maximum density of hotel and motel development shall be one hundred sixty (160)~v_u~.u~~ units per acre for the entire zoning lot, of which no more than ten (10) percent shall be dwellinq units, even if partially occupied by other principal uses or conditional uses. 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 Section 1507. Desired design features and incentives. (a) For those uses which incorporate all of the following desired design features: (1) Minimum lot size of twenty thousand (20,000) square feet. (2) Setback from east-west streets of at least ten (10) feet with the area landscaped in accordance with the landscaping, screening and buffering specifications and standards. Notwithstanding any provision to the contrary above, the maximum density of hotel and motel use shall be one hundred sixty (160) lodging units per acre, of which no more than ten (10) percent shall be dwelling units, and uses in conjunction with hotels and motels may occupy up to but not more than twenty (20) percent of the floor area of all structures (excluding parking) located on the lot. (b) For those uses which incorporate all of the following desired design features: (1) Minimum lot size of forty thousand (40,000) square feet. (2) Setback from east-west streets of at least fifteen (15) feet with the area landscaped in accordance with the landscaping, screening and buffering specifications and standards. Notwithstanding any provision to the contrary above, the maximum density of hotel and motel use shall be one hundred seventy-five (175) lodging units per acre, of which no more than ten (10) percent shall be dwellinq units, and uses in conjunction with hotels and motels may occupy up to but not more than twenty-five (25) percent of the floor area of all structures located on the 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 lot. (c) For those uses which incorporate all of the following desired design features: (1) Minimum lot size of eighty thousand (80,000) square feet or the accumulation of multiple parcels under common ownership totalling at least eighty thousand (80,000) square feet of land, such that the parcels are separated solely by a public street, of no more than one hundred (100) feet in width and by a distance not exceeding the width of the public street. (2) At least twenty (20) percent of the floor area of the hotel shall be used for convention and/or related facilities. (3) The entire lot or accumulated parcels are developed in a functionally integrated fashion. Upon complying with the foregoing conditions, the following shall apply, notwithstanding any other provision to the contrary: (1) The maximum density for hotel and motel use shall be one hundred ninety (190)~-u~~-.~ units per acre, of which no more than ten (10) percent shall be dwellinq units, for the entire accumulation of parcels. (2) Uses in conjunction with a hotel may occupy up to fifty (50) percent of the floor area of the structures. (3) Required parking shall be at least one (1) space per lodging or dwelling unit or one (1) space per two hundred (200) square feet of floor area used for uses in conjunction with the hotel, whichever is greater. 231 232 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 1991. 233 234 235 CA-90-3629 XordinXproposedX45-1501et.pro R-1 7 - 18- Item IV-H.4 CONSENT AGENDA ITEM # 34299 Upon motion by Councilman Sessoms, seconded by Councilman Heischober, City Council ADOPTED: Ordinance authorizing acquisition, in fee simple, by purchase or condemnation, all the real property, permanent easements and temporary construction easements as needed for sewer and water projects, as shown on the following plans entitled: Old Dam Neck/Upton Landstown Municipal Property Deerwood Trace Force Main Busky Lane Princess Anne Hills Laurel Manor/Dogwood Acres Tanglewood Reon Drive Witchduck Road Woodland Birdneck Pump Station Nimmo Pump Station CIP 6-993 CIP 6-004 CIP 6-975 CIP 6-976 CIP 6-944 CIP 6-941 CIP 6-940 CIP 6-949 CIP 6-019 CIP 6-011 CIP 5-063 CIP 5-065 Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf April 9, 1991 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 AN ORDINANCE TO AUTHORIZE THE ACQUISITION OF REAL PROPERTY, EASEMENTS, EITHER BY AGREEMENT OR BY CONDEMNATION, FOR SEWER AND WATER PROJECTS - OLD DAM NECK/UPTON 6-993 LANDSTOWN MUNICIPAL PROPERTY 6-004 DEERWOOD TRACE FORCE MAIN 6-975 BUSKY LANE 6-976 PRINCESS ANNE HILLS 6-944 LAUREL MANOR/DOGWOOD ACRES 6-941 TANGLEWOOD 6-940 REON DRIVE 6-949 WITCHDUCK ROAD 6-019 WOODI2~ND 6-011 BIRDNECK PUMP STATION 5-063 NIMMO PUMP STATION 5-065 17 18 19 20 2] 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 41 42 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH: WHERFAS, in the opinion of the Council of the City of Virginia Beach, a public necessity exists for the expansion of these important projects and for public purposes for the preservation of the safety, health, peace, good order, comfort, convenience, morals and for the welfare of the people of the City of Virginia Beach: NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1. That the City Attorney is hereby authorized and directed to acquire by purchase or condemnation, pursuant to §15.1-236 et seq. and §25-46.1 e__t ~eq.., Code of Virginia of 1950, as amended, all the real property, permanent easements, temporary construction easements as needed, in fee simple, as shown on the following plans entitled: Old Dam Neck/Upton Sewer Improvements Landstown Municipal Property Sanitary Gravity Sewer & Force Main Project Deerwood Trace Force Main Busky Lane Sewer Improvements Princess Anne Hills Laurel Manor/Dogwood Acres Tanglewood Reon Drive Witchduck Road Woodland Birdneck Pump Station Ni~o Pump Station CIP 6-993 CIP 6-004 CIP 6-975 CIP 6-976 CIP 6-944 CIP 6-941 CIP 6-940 CIP 6-949 CIP 6-019 CIP 6-011 CIP 5-063 CIP 5-065 43 44 45 46 4'7 48 49 5O 51 These plans to be filed in the Department of Public Utilities, Municipal Center, City of Virginia Beach, Virginia. Section 2. The City Attorney is hereby authorized to make, or cause to be made, on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable offer to owners or persons having an interest in said lands; if refused, the City Attorney is hereby authorized to institute proceedings to condemn said property. Adopted by the Council of the City of Virginia Beach, Virginia, on the 9 day of April , 19 91. APPROVED AS TO CONTENT: Date QL LA S TOMCAT POST CT CT ,EY CREEK LA EN GLEN LA CORPORATI IRoN Li SALTy ~IST~, 8ERKNoi Red Win Red Wing Nature Tra GC ~opose~ PROJECT AREA LANDING INDUSTRIAL, RD PARK IOi 1 CEOARHURST I 2 BROADLAWN iq ELSON OLD DAM NECK/UPTOI~ ~, CIP 6-993 Marsh % \\ POWDER RIOGE CT CT CT 5 IRVINGTON ROCK Princess Anne Park :r's Mark~ / / ID CT PROJECT AREA LANDSTOWN MUNICIPAL PROPERTY ClP 6-004 8A CO DA ELL RO RA LO4 DR I~First Colonia HS Great No 8 ST MATTHEWS SQ )R6. PRINCE ARTHUR CT CT 7' PRINCE ,JAMES CT 8. QUEEN CATHERINE CT i BUTTERNUT DJ PROJECT AREA FREOERICK CTc, '~ ~ ~ GEORGE CT '~ ~ DALEBROOK CT CHELTENHAM 'KWY CLOSE ISTON MUSE GATE MUSE DEERWOOD TRACE Oceana r, FORCE MAIN CIP 6-975 OR Great CT No 8 CT ~T MATTHEWS SQ oR6PRINCE ARTHUR CT 7~ PRINCE JAMES CT 8. OUEEN CATHERINE CT ~ BUTI'ERNUT D FREDERICK CT GEORGE CT ~ PROJECT AREA KWY CHELTENHAM AVE T~,,,..~, ,,...~, SKY LANE tERGLEN MUSE~ ~ '" """"""" '~ .... ~ ClP 6'976 SHORE STATE PAR'I~:~'~, PROJECT AREA each G e nera,~,~ PRINCESS ANNE HILLS · CIP 6-944 _ _ _ .~,--_--- _ _ . ~ ~: :-_- ~,,, CT [;teat ~First Colonial ItS EDEN OR 9:: ", CT TEMPLETON ',:~,, V §mia Beach Genera~¢' Oceana : A UTUMN~----~ U~-~ WOOD, GRASS PROJECT AREA gT FREDERICK CT' ~ GEORGE CT ~ SQ IR6 PRINCE ARTHUR CT 7' PRINCE JAMES CT · 8. QUEEN CATHERINE CT ~ 4TH 3RJ~ CT ,.~'~\ 1 HILL MEAOOW CT ~,\',,, ~_-~, 2 HILL MEADOW DR -~'~, ~, ~ 4 TWIN OAKS LA - -~:i 'i, 5 OAKSHIRE OR LAUREL MANoR/DOGWOOD AcREs '~q~. ~ 941'~ -, PROJECT AREA COVE ES HARLIE ~ CLI TANGLEWOOD CBN University PROJECT AREA ES CBN University ,~,~ REON DRIVE C.I.P. 6-949 i Brando, epen~ence JH: ORU~CAST/.E PROJECT AREA CZ WITCHDUCK RD. C.I.P. 6-0 19 PROJECT AREA D L6 BC~A N~ H LA .r-~CT I'O-OON A'L"O 8LVO NEW ,: GOLDEN APPLE CT PROJECT AREA BLVD HILL MEADOW CT HILL MEADOW OR GREEN OAKS DR TWIN OAKS LA OAKSHIRE DR ¥ RIDGE CT EAN SIDE CT CT ATLANTIS DR RIVER BIRCH CT ST, ¢ CO~o~w4i _ _.~_~, .,._~"n_ ~,_~ ~ OCEAN PEBBLE WAY ~'--'-~ ~ 6TH ST SAWGRASS 8ENO ~ SHIPSHOAL '~AY , FR~EE ,i 1 MARSH DU , ::/ri ~ 2 CANVASBA ~ 3 8EDHEAD TATioN~USN BIRDNECK PUMP STATION "\ ~- C.I.P. $-063 ', ~ I ~ ~ ,~, Vir ,\ FOREST6RO0! PARK PINES ,/ -' PROJECT AREA 6UTTERCNURN CT ~" WELL WATER LA / "'" BARN STALl. LA " ..... ,,.,C~ RD WOODS HOLE - 19- Item IV-H.5 CONSENT AGENDA ITEM # 34300 Upon motion by Councilman Sessoms, seconded by Councilman Heischober, City Council ADOPTED upon SECOND READING: Ordinance to ACCEPT and APPROPRIATE $1,746 re Virginia Housing and Community Development Emergency Home Repair Program. Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf April 9, 1991 ORDINANCE TO ACCEPT AND APPROPRIATE $1,746 FROM THE VIRGINIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR THE EMERGENCY HOME REPAIR GRANT PROGRAM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 WHEREAS, the City currently operates and Emergency Home Repair Grant Program fUnded by the Virginia Department of Housing and Community Development, and, WHEREAS, the City has been notified that an additional $1,746 will be made available under the existing contract for this program, NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH that a grant of $1,746 from the Virginia Department of Housing and Community Development be accepted and appropriated. BE IT FURTHER ORDAINED that the City of Virginia Beach will comply with all requirements of the grant agreement and regulations of the Virginia Department of Housing and Community Development regarding such funds. Adopted by the Council of the City of Vir§inia Beach this day of April , 1991 Approved as to content: Approved as to legal form: First Reading: Second Reading: April 2, 1991 April 9, 1991 on - 20 - Item IV-H.6 CONSENT AGENDA ITEM # 34301 Upon motion by Councilman Sessoms, seconded by Councilman Heischober, City Council APPROVED upon FIRST READING: Ordinance to APPROPRIATE $1,200 to the Library Department's special gift fund re purchase of a Diagnostic Software Package. Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf April 9, 1991 1 2 3 AN ORDINANCE TO APPROPRIATE $1,200 TO THE LIBRARY DEPARTMENT'S SPECIAL GIFT FUND FOR THE PURCHASE OF A DIAGNOSTIC SOFTWARE PACKAGE 4 5 6 7 WHEREAS, in November 1987, the Library Department installed a new central processing unit to support inventory and circulation of over 600,000 items and has updated the system three times since its installation due to greater than anticipated demands; 8 9 10 WHEREAS, to meet current projected demands, the Library Department has used a diagnostic software package on a trial basis to increase the system's response capability; 11 12 13 WHEREAS, the purchase of the software will cost $1,200 with funding to be provided from private donations collected and residing in the fund balance of the Library Department's Special Gift Fund. 14 15 16 17 NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that funds in the amount of $1,200 be appropriated from the fund balance of the Library Department's Special Gift Fund for the purchase of the diagnostic software package; 18 This ordinance shall be effective from the date of its adoption. 19 20 Adopted by the Council of the City of Virginia Beach, Virginia on the of , 1991. 21 22 First Reading Second Reading April 9, 1991 23 24 25 Approved as to Contentj~~~_~,~ Walter ~. 'Kr~emer, J .~ Office of Budget and Evaluation - 21 - Item IV-H.7 CONSENT AGENDA ITEM # 34302 Upon motion by Councilman Sessoms, seconded by Councilman Heischober, City Council ADOPTED: Ordinance to TRANSFER $430,000 from various Capital Projects to Project 2-945 Newsome Farms Area Street Improvements to allow for completion of the project. Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf April 9, 1991 1 2 3 4 5 AN ORDINANCE TO TRANSFER FUNDS IN THE AMOUNT OF $430,000 FROM VARIOUS CAPITAL PROJECTS TO PROJECT 2-945 NEWSOME FARMS AREA STREET IMPROVEMENTS TO ALLOW FOR COMPLETION OF THE PROJECT WHEREAS, the Capital Improvement Program includes project 2-945 Newsome Farms Area Street Improvements for the construction of full street and drainage improvements on all streets in the Newsome Farms Neighborhood and to construct a drainage outfall to Lake Smith; 10 11 12 13 WHEREAS, due to construction of drainage outfall and wetlands as required by the U.S. Army Corps, unforseen utility conflicts with the roadway, and undercutting poor roadway subgrade, the project account will need an additional $430,000 to complete the work; 14 15 16 17 WHEREAS, the amount needed is available through transfers from various capital projects which are either completed and have excess funds or do not presently need the funds until the next fiscal year when the transferred funds can be replaced, and from surplus administration funds. 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That funds from existing capital projects be transferred as shown below to allow for the completion of project 2-945 Newsome Farms Area Street Improvements' Transfer From: 2-712 2-947 2-979 2-813 2-981 2-982 2-984 Dredging Eastern Branch Lynnhaven River Mill Dam Streets Burton Station Newlight Streets Seatack Streets Phase III Seatack Streets - Phase IV Seatack Streets - Phase IIB Surplus Administration Funds Transfer To: 2-945 Newsome Farms Area Street Improvements $ 206:132 36440 33~545 4 967 12.318 7 770 81.204 47,624 $ 430,000 35 This ordinance shall be effective on the date of its adoption. 36 37 38 Adopted by the Council of the City of Virginia Virginia on the 9 day of April , 1991. ~P~OV~O AS TO Approved as to Content using - 22- Item IV-H.8 CONSENT AGENDA ITEM # 34303 Upon motion by Councilman Sessoms, seconded by Councilman Heischober, City Council ADOPTED: Ordinance authorizing tax refunds in the amount of $37,055.71 upon application of certain persons and upon certification of the City Treasurer for Payment. Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf April 9, 1991 ~o,, ~o. c.^. 7 3/4/91 FNC 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 ~funds upon certification of the Treasurer are hereby approved: NAME Tax Type Ticket Exonera- Date Penalty Int. Year of Tax Number tion No. Paid Total Mellon Bank Mellon Bank Paul G. Traub 91 RE(l/2) 11015-0 2/5/90 91 RE(l/2) 11017-8 2/5/90 87 PP 172100-1 1/9/91 1,910.99 1,739.18 40.04 Total 3,690.21 This ordinance shall be effective from date of adoption. The above abatement(s) totaling (~ $3,690,21 were approved by the Council of ~jhe City of Virginia Beach on the day of April ~ 1991 - j~ Ruth Hodges Smith City Clerk flied i~t° ~ ~:.~/~tkir~'~n~ ~'~easurer Approved as to form: FO,M ,0. C.^. 7 2/25/91 EMC AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for tax refunds upon certification of the Treasurer are hereby approved: NAME Tax Type Ticket Exonera- Date Penalty Int. Total Year of Tax Number tion No. Paid Cenit Bank 91 RE(l/2) 41079-0 12/5/90 103.20 Cenit Bank 91 RE(l/2) 41082-4 12/5/90 439.68 Hortense P. Parkerson 91 RE(l/2) 87455-7 11/30/90 258.00 Lynnhaven Commerce Ctr Assoc 91 RE(l/2) 69178-1 12/5/90 1,254.35 Stackhouse, Rowe & Smith 91 RE(l/2) 106916-8 12/5/90 79.62 Sharon M. Carero 90 RE(l/2) 17717-9 11/29/89 376.99 Countrywide Funding Corp 90 RE(l/2) 37509-9 12/5/89 1,465.50 GMAC of Iowa 90 RE(2/2 127974-4 5/14/90 343.22 Glynis Williams N/A Pkng. 260396 1/10/91 20.00 Clay C. Dills N/A Pkng. 314853 12/27/90 12.00 John Schimonsky N/A Pkng. 331447 1/22/91 30.00 Shelia D. Ferguson N/A Pkng. 327253 1/15/91 20.00 Debra Aldridge N/A Pkng. 323772 12/11/90 25.00 Virginia Drywall Inc. N/A Pkng. 320290 2/8/91 50.00 Total 4,477.56 This ordinance shall be effective from date of adoption. T h ~ 4a,b~:~/~. ~J~a t e m e n t(s) totaling were approved by the Council of ~e City of Vjirginja Beach on the___day of ~pz~_J_, 199]. Ruth Hodges Smith City Clerk C erlj/ii f i~jd as t_.o pa},~/~t; Approved as to form: Lesh'-~"e-L. Lille~, C,t~'~~ ~OR,~ .O.c.^. 7 1/16/91 EMC AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for tax refunds upon certification of the Treasurer are hereby approved: NAME Tax Type Ticket Exonera- Date Penalty Int. Year of Tax Number tion No, Paid Total Aloha Motel Associates 91 Mattie Louise Ames 91 Inland Mortgage 91 Horace B & Helen Malbone 91 Southport Associates 91 Northeast Savings 91 Michael D & Susan Bacle 91 G Nichosl & C Timberlake 91 First Union Mortgage/Income 91 John W Smith et als 91 Cityfed Mortgage 91 John Lumpkin, Attorney 90 John Lumpkin, Attorney 90 Atlantic Permanent FSB 90 Atlantic Permanent FSB 90 George H & Grace Ginn 90 George H & Grace Ginn 90 Security Homestead FSA 90 Security Homestead FSA 90 Security Homestead FSA 90 Security Homestead FSA 90 First Union Mortgage 90 First Union Mortgage 90 Frank J Santoro 89 Pender & Coward 86 Robert Malkowski 91 Sharon Nicholas 91 RE(l/2) 1884-9 12/5/90 1,701.49 RE(l/2) 2201-3 12/3/90 20.64 RE(l/2) 106970-1 12/4/90 31.86 RE(l/2) 70069-1 12/5/90 29.62 RE(l/2) 107994-1 11/19/90 174.26 RE(l/2) 92348-8 11/26/90 54.12 RE(l/2) 4545-4 10/25/90 62.72 RE(l/2) 83302-1 11/23/90 96.39 RE(l/2) 98677-6 12/5/90 4,252.30 RE(l/2) 106666-0 11/6/90 12,402.51 RE(l/2) 117516-9 11/26/90 23.22 RE(l/2) 111002-4 8/3/90 397.19 RE(2/2) 111002-4 8/3/90 381.50 RE(l/2) 104690-6 12/5/89 1,272.51 RE(2/2) 104690-6 6/5/90 1,272.51 RE(l/2) 41640-1 12/1/89 1,142.04 RE(2/2) 41640-1 6/1/90 1,142.04 RE(l/2) 33414-2 1/11/90 344.51 RE(2/2) 33414-2 5/31/90 310.71 RE(l/2) 33413-3 1/11/90 388.70 RE(2/2) 33413-3 5/31/90 350.56 RE(l/2) 33415-1 12/1/89 374.91 RE(2/2) 33415-1 5/31/90 374.91 RE(2/2) 218454-1 10/30/90 101.99 RE 27024-2 12/26/90 172.73 Dog V01773 1/2/91 5.00 Dog V20803 12/5/90 7.00 Total 28,887.94 This ordinance shall be effective from date of adoption. The b..o v~e~ abat. e m e n t(s) $~2~,~/.~z~ were totaling approved by the Council of the City of Virginia Beach on the__9__9 _day of A]~-11, 1991 Ruth Hodges Smith City Clerk Ce Ap as to pa " in T. A(kinson, Treasurer )roved as to form: Leslie ~. Lilley,~ity ~ - 23 - Item IV-H.9 CONSENT AGENDA ITEM # 34304 Upon motion by Councilman Sessoms, seconded by Councilman Heischober, City Council ADOPTED: Ordinance authorizing license refunds in the amount of $3,231.16 upon application of certain persons and upon certification of the Commissioner of the Revenue. Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf April 9, 1991 FORM NO. C.A. 8 REV, AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Thal the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME License Date Year Paid Base Penalty Int. Total Virginia Vision Optometrist, 5600 Huntington Place Norfolk, VA 23509 Zanin, Frank J. 1020 Ranchero Road Virginia Beach, VA 23456 PC 1989-90 Audit 1,097.12 1989-90 Audit 90.24 1,097.12 90.24 This ordinance shall be effective from date of adoption. The above abatement(s) totaling $ 1,187.36 of the City of Virginia Beach on the 9 day of Certified as to Payment: C~J~ob~rt ~. Vaug'han ~ Commissioner of the Revenue Approved as to form: Leslie L. l_illey /-------~ City Attorney ~ were approved by the Council April , 19 91 Ruth Hodges Smith City Clerk FORM NO. C.A. 8 REV. AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME License Date Year Paid Base Penalty Int. Total Property Valuation Advisors, Inc. 999 Waterside Drive #1900 1989 Norfolk, VA 23510 Soon Gain Restaurant, Inc. 5360 Bosworth Road Virginia Beach, VA 23462 Super Convenience Inc. T/A Gas & Food Masters 1900 Centerville Turnpike Virginia Beach, VA 23464 Audit 123.22 1989-90 Audit 77.58 1988-90 Audit 64.84 123.22 77.58 64.84 This ordinance shall be effective from date of adoption. The above abatement(s) totaling $ 265.64 9 of lhe City of Virginia Beach on the ~ day of Certified as to Payment: (--'Frobed P, Vaughan <2r Commissioner of the Revenue Approved as to form: L-~i~r [. Lille," City Attorney were approved by the Council April 91 Ruth Hodges Smith City Clerk FORM NO. C.A. 8 REV. 3/86 AN ORDINANCE AUTHORIZING LICENSE REFUNDS · UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME License Date Year Paid Base Penalty Int. Total Flowers Baking Co. 1209 Corprew Avenue Norfolk, VA 23501 1989 Audit 34.97 London Bridge Auto Service Center T/A London Bridge Auto Service 2 1705 Herford Way 1990 Virginia Beach, VA 23454 McIvor, James F. 4012 Thomas Jefferson Drive Virginia Beach, VA 23452 Audit 1,218.34 1990 5-11-90 100.00 34.97 1,218.34 100.00 This ordinance shall be effective from date of adoption. The above abatement(s) totaling $ 1,353.31 of the City of Virginia Beach on the 9 day of Certified as to Payment: C-R~ert P. Vaughan ~ Commissioner of the Revenue Approved as to form: Leslie L. Lille;/ City Attorney were approved by the Council April , 19 91 Ruth Hodges Smith City Clerk FORM NO. C.A.. 8 REV. AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME License Date Year Paid Base Penalty Int. Total Bates, Barbara A. 1989 Audit 30.00 T/A Bates Specialty Dist. International 6309 Knob Hill Drive Virginia Beach, VA 23464 Brannock, David W. & Lee, Leland R. T/A D & B Associates 1989-90 Audit 25.56 110 Kimberly Lane Norfolk, VA 23502 Crinchlow, Robert C. 1989-90 T/A Crinchlow Data Sciences 2005 Old Greenbriar Road, Suite 103 Chesapeake, VA 23320 Audit 369.29 30.00 25.56 369.29 This ordinance shall be effective from date of adoption. The above abatement(s) totaling $ 424.85 of the City of Virginia Beach on the 9 day of Certified as to Payment: 1~"6~rt P. Vaughan ~/' Commissioner of the Revenue Approved as to form: Leslie L. Lilley ~ J- ] City Attorney were approved by the Council April , 19 91 Ruth Hodges Smith City Clerk - 24- Item IV-I.1 PUBLIC HEARING PLANNING ITEM # 34305 Vice Mayor Robert E. Fentress DECLARED a PUBLIC HEARING on: PLANNING (a) DAVID THROCKMORTON AND FLORINE HORAY STREET CLOSURE (b) CITY OF VIRGINIA BEACH, VIRGINIA STREET CLOSURE (c) DOROTHY WHITE AND WILLIAM R. BERGEY NONCONFORMING USES (d) MARVIN C. ETHERIDGE VARIANCE (e) VIRGINIA POWER VARIANCE (f) F. WAYNE McLESKEY, JR. CONDITIONAL USE PERMITS (g) LUKE B. AND LORI A. BALDWIN CONDITIONAL USE PERMIT (h) MICHAEL R. AND EILEEN A. WARE CONDITIONAL USE PERMIT (i) JOHNNIE B. AND PAGE HARTLEY CHANGES OF ZONING (j) INDIAN RIVER PLANTATION, INC. CHANGE OF ZONING AND CONDITIONAL USE PERMIT (k) LAKE RIDGE ASSOCIATES CONDITIONAL ZONING CLASSIFICATIONS April 9, 1991 - 25 - Item IV-I.la PUBLIC HEARING PLANNING ITEM # 34306 Upon motion by Councilman Brazier, seconded by Councilman Sessoms, City Council AUTHORIZED FINAL APPROVAL of the petition of DAVID THROCKMORTON and FLORINE HOP, AY for the discontinuance, closure and abandonment of a portion of Hutton Lane. Ordinance upon application of David Throckmorton and Florine Horay for the discontinuance, closure and abandonment of a portion of Hutton Lane beginning at the northern boundary of Virginia Beach Boulevard and running in a northerly direction a distance of 325 feet more or less. The parcel is variable in width and contains 8,269 square feet more or less. LYNNHAVEN BOROUGH. Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf April 9, 1991 COX AND COX Attorneys at Law Virginia Beach, Virginia ORDINANCE NO. CITY OF VIRGINIA BEACH, GRANTOR TO DAVID THROCKMORTON AND FLORINE HORAY, GRANTEE IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET OF VARIABLE WIDTH, KNOWN AS HUTTON LANE, AS SHOWN UPON THAT CERTAIN PHYSICAL SURVEY 'ENTITLED "LOT 20, SUBDIVISION OF HUTTON TERRACE BEING SITE A RESUBDIVISION OF SITE NO. I OCONEE PARK ( M.B. 149, P. 25) AND SITE 8 + 8B AS SHOWN ON REVISED PLAT SHOWING RIGHT-OF- WAY DEDICATED TO THE CITY OF VIRGINIA BEACH, VIRGINIA (M.B. 115, P.34), FOR DAVID THROCKMORTON AND FLORINE HORAY" WHICH PLAT IS ATTACHED HERETO. WHEREAS, it appearing by affidavit that proper notice has been given by David Throckmorton and Florine Horay, that they would make application to the Council of the City of Virginia Beach, Virginia, on August 14, 1990, to have the hereinafter described street discontinued, closed, and vacated; and WHEREAS, it is the judgment of the Council that said street be discontinued, closed, and vacated; NOW'THEREFORE, SECTION I BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia, that the hereinafter described street be discontinued, closed and vacated: Beginning at a pin at the northernmost point of Lot 20 on the west side Old Hutton Lane, thence along a curve to the left with a radius of 340.00 feet an arc distance of 82.28 feet to a pin; thence, along a curve to the right with a radius of 280.00 feet an arc distance of 87.21 feet to a pin; thence S 08° 05' 15" W 102.56 feet to a pin in the northern boundary of the right-of-way of Virginia Beach Boulevard; thence turning and running S 72° 14' 45" E, 30.43 feet along the right-of way of Virginia Beach Boulevard to a pin; thence turning and running N 08° 05' 15" E, 107.67 feet to a pin; thence, along a curve to the left with a total radius of 310.00 feet an arc distance of 43.88 feet to a pin and an arc distance of 52.67 feet to a pin; thence, along a curve to the right with a radius of 310.00 feet an arc distance of 75.02 feet to a point; thence turning and running N 85° 53' 33" W 30.00 feet to the point of beginning. GPIN#1 497-85-0418 COX AND COX Al:lorney$ at Law Virginia Beach. V~rgtn~a SAVE AND EXCEPT/that certain lot, tract or parcel of land, together with the improvements thereon belonging, lying, situate and being in the City of Virginia Beach, Virginia and designated and described as the 15' UTILITY EASEMENT DEDICATED TO THE CITY OF VIRGINIA BEACH, as shown on that certain plat entitled "RESUBDIVISION OF LOT 20, SUBDIVISION OF HUTTON TERRACE BEING SITE A RESUBDIVISION OF SITE No. 1 OCONEE PARK (M.B. 149, P.25) AND SITE 8 & 8B AS SHOWN ON REVISED PLAT SHOWING RIGHT-OF-WAY DEDICATED TO THE CITY OF VIRGINIA BEACH, VIRGINIA (M.B. 115, p. 34), to be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia upon adoption of this ordinance to which reference is made for a more particular description. Said street to be discontinued, closed and vacated designated as "Hutton Lane" on the above identified plat of property in Virginia Beach, Virginia, which plat is to be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, upon adoption of this ordinance closing a portion of Hutton Lane to which is made a part hereof by reference. SECTION II A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the City of Virginia Beach as Grantor and in the name of David Throckmorton and Florine Horay, as Grantee. Adopted: April 9, 1991 FINAL APPROVAL COX AND COX AItorneya at Law Virginia Beach, Virginia THIS DEED OF EASEMENT, made this 29th day of March, 1991, by and between DAVID THROCKMORTON and JOANIE THROCKMORTON, hi s wi fe and FLORI NE HORAY, widow and Grantors unremarried, · parties of the first part, and the CITY OF VIRGINIA BEACH, a municipal corporation in the Commonwealth ~--Grantee of Virginia,t part of the second part: WITNESSETH: That for and in consideration of the premises and the benefits accruing or to accrue to the parties of the first party, and other good and valuable consideration, the party of the first part does hereby grant and convey or release with GENERAL WARRANTY their respective interest in and to the hereinafter described perpetual right of way and easement, to the party of the second part, and/or its successors and assigns, to construct, reconstruct, alter, operate and maintain that fifteen foot utility easement in, under, upon and across lands and property of the parties of the first part, including the right of ingress and egress to the same, described as follows: ALL THAT certain lot, tract or parcel of land, together with the improvements thereon belonging, lying, situate and being in the City of Virginia Beach, Virginia and designated and described as the 15' UTILITY EASEMENT DEDICATED TO THE CITY OF VIRGINIA BEACH, as shown on that certain plat entitled "RESUBDIVISION OF LOT 20, SUBDIVISION OF HUTTON TERRACE BEING SITE A RESUBDIVISION OF SITE No. 1 OCONEE PARK (M.B. 149, P.25) AND SITE 8 & 8B AS SHOWN ON REVISED PLAT SHOWING RIGHT-OF-WAY DEDICATED TO THE CITY OF VIRGINIA BEACH, VIRGINIA (M.B. 115, p. 34), to be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia upon adoption of the ordinance closing a portion of Hutton Lane to which reference is made for a more particular description. IT BEING a part of the same property acquired by the parties of the first part from C. Ray Scroggs and Delma W. Scroggs, his wife and Hoyt W. Freeman and Mary Elizabeth Freeman, husband and wife by deed dated March 15, 1990' and recorded in Deed Book 2897 at page 1540 in the City of Virginia Beach, Virginia and re-recorded in the Deed Book 2972, at page 747. It is agreed between the parties hereto that the party of the second part and its agents, assigns, and/or successors shall have the right to inspect the said easement and to cut GPIN#1497-85-041 8 COX AND COX Attorneys at Law Virginia Beach, Virginia and clean all undergrowth and other obstructions in and along the said fifteen foot utility easement or adjacent thereto that may in any way endanger or interfere with the proper use of same. The said parties of the first part covenant that they are seized in fee simple of the said property; that they have the right to convey the same unto the said party of the second part; that the party of the second part shall have quiet and peaceable possession of the same, free from all encumbrances; and that the parties of the first part will execute such further assurances of title as may be requisite. The parties of the first part agree that the said party of the second part shall not be liable for any maintenance work whatsoever to the areas encompassed in these easements except if said party of the second part is required to perform excavation within the easements in order to effectuate maintenance or repair of the fifteen foot utility easement that was dedicated to the City. All other maintenance of the land encompassed by these easements shall be done by the parties of the first part and the City shall have no duty or liability to perform any routine maintenance work in these easements other than that work which arises out of maintaining or repairing the fifteen foot utility easement. The Owner agrees that when requested by the City, they shall remove any fence(s), structure(s), landscaping or vehicle parking within 48 hours of receipt of written notice requesting such removal. Except that in an emergency or failure to remove after written notice the party of the second part will remove, or have removed by others, any impediment to access, maintenance or operation and parties of the first Part agree they are responsible for replacement of said fence(s), structure(s), landscaping or vehicle parking at their sole expense. COX AND COX Attorneys al Law Virginia Beach. Virginia The parties of the first part covenants ana agrees ~or their heirs, assigns and successors, that the consideration aforementioned shall be in lieu of any and all claims of compensation . and damages by reason of the location, construction, reconstruction, alternation or maintenance of said facility. WITNESS the STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: , a notary public in and for the city and state aforesaid, do hereby certify that David Throckmorton, whose name is signed to ~he foregoing writing, bearing date the C~q4~- day of /~el~ , 1991, has acknowledged aforesaid. the same before me in my city and state Given under my hand this ~c~-- day of , 9c /. My commission expires: STATE OF VIRGINIA CITY OF V~NIA BEACH, to-w~: I, '-'7"~! ¢v~F3%~'Lt.,,.._/ /J r,~J~/2- , a notary public in and for the city and state aforesaid, do hereby certify that Joanie Throckmorton, whose name is signed to the foregoing COX AND COX Attorneys at Law Virginia Beach. Virginia writing, bearing Gate the C~ Gay oi /~m-~¢~ , ~,, nas acknowledged the same before me in my city and state aforesaid. Given under my hand this ~h. day of ~/~ 199;. My commission expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, ~/Mq~%~m~-~, /~' /~/AJ/-/-t-'~ , a notary public in and for the city and state aforesaid, do hereby certify that Florine Horay, whose name is signed to the foregoing writing, the ~-- day of ~P_c_~- , 1 991, has bearing date acknowledged aforesaid. the same before me in my 'city and state Given under my hand this ~9~ay of ~WZO-~-- My commission expires: \ I m YE Pco ( //' _! - 26 - Item IV-I.lb PUBLIC HEARING PLANNING ITEM # 34307 Upon motion by Councilman Brazier, seconded by Councilman Heischober, City Council AUTHORIZED FINAL APPROVAL of the Ordinance upon application of the CITY OF VIRGINIA BEACH, VIRGINIA, for the discontinuance closure and abandonment of a portion of Old Virginia Beach Road: Application of the City of Virginia Beach, Virginia, for the discontinuance, closure and abandonment of a portion of Old Virginia Beach Road beginning at the northern boundary of 22nd Street and running in a westerly direction a distance of 339 feet more or less. Said parcel contains 12,403 square feet. More detailed information is available in the Department of Planning. LYNNHAVEN BOROUGH. Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf April 9, 1991 ORDINANCE NO. IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET OF VARIABLE WIDTH, KNOWN AS OLD VIRGINIA BEACH ROAD, AS SHOWN UPON THAT CERTAIN PLAT ATTACHED HERETO. WHEREAS, it appearing by affidavit that proper notice has been given by the City of Virginia Beach that it would make application to the Council of the City of Virginia Beach, Virginia, on June 25, 1990, to have the hereinafter described street discontinued, closed, and vacated; and WHEREAS, it is the judgment of the Council that said street be discontinued, closed, and vacated; NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia, that the hereinafter described street be discontinued, closed, and vacated: ALL THAT certain lot, piece or parcel of land designated as "STREET CLOSURE BY CITY OF VIRGINIA BEACH. AREA TO BE RETAINED AS DRAINAGE, UTILITY AND ACCESS EASEMENT. AREA = 12,403 SQ. FT. = 0.285 ACRES" as shown on that certain plat entitled "PLAT SHOWING STREET CLOSURE OF PORTION OF OLD VIRGINIA BEACH ROAD BY CITY OF VIRGINIA BEACH ..." prepared by Bureau of Surveys and Mapping, Engineering Division, Department of Public Works, City of Virginia Beach, Virginia, dated June, 1989, and revised May 31, 1990, Scale: 1" = 100', to which reference is hereby made for a more particular description. Ail of the above is shown upon that certain plat entitled "PLAT SHOWING STREET CLOSURE OF PORTION OF OLD VIRGINIA BEACH ROAD BY CITY OF VIRGINIA BEACH VIRGINIA BEACH BOROUGH - VIRGINIA BEACH, VIRGINIA," which plat is attached hereto and made a part hereof and intended to be recorded with the Ordinance closing the afore- described street. Save and except that Public Utility Easement shown as the "hatched" area on that certain plat entitled "PLAT SHOWING PUBLIC UTILITY EASEMENT & VACATION OF RIGHT OF WAY LINES & RESUBDIVISION GPIN #2417-78-6049 OF PROPERTY TO THE NORTH & SOUTH OF OLD VIRGINIA BEACH ROAD FOR THE CITY OF VIRGINIA BEACH ..." dated Nov. 26, 1990 and made by the Bureau of Surveys and Mapping which plat shall be recorded simultaneously herewith in the Circuit Court Clerk's Office of the aforesaid city in Map Book , at page . Adopted this 9 day of April the City of Virginia Beach, Virginia. 1991, by the Council of CITY OF VIRGINIA BEACH APPROVEO;. ' ":" ;'**' :* , DATF' ~ O~RECTOR...O..~,*eUe~'C q~eR.~S, CITY or VmG~NIA B~ACH, Vf,GWIA City OF V/RGU~I"~t~ACJ~ VIRCINIA I ' ~ ~6 ~.EDS AND PLATS SItOWN HEREON AND IS NOT INTENDED TO REPRESENT A **~O~/~DA~Y SURVEY NOTE(2~.'MERiDiAN SOURCE IS BASED ON VIRGINIA STATE PLANE COORDINATES, SOUTH ZONE NAD 1983. DENOTES STREET CLOSURE OF PORTION OF OLD VIRGINIA BEACH ROAD BY CITY OF VIRGINIA BEACH. AREA TO BE RETAINED AS DRAINAGE. UTILITY AND ACCESS EASEMENT** AREA -- 12,~0~ SO. FT =0.28§ ACRES. NOW OR FORMERLY DAVID E. El MARY J. GIRARD ,~ NOW OR FORMERLY D. B. 2579 PG. 1516 OF VIRGINIA BEACH M.B. 7 PG. 98%~ ~ D.B. 495 PG. 447 ~ M,B. 36 PG. 40 ~ ~ o : D.B. 2456 PG. 785 ~ ~ , 175.98' ~ S 74'~5'59"E ~39'29 o OLD VIRGINIA EXIST 40' ~ ~ ~ DRAINAGE EASI ~ ~ I(VA. OEPT OF HWYS] .~ COMMONWEALTH OF VIRGINIA D.B 886 PG. 373 HW~ PLAT BK. 5 PG. 295 B 295A PL AT SHOWlNG STREET CLOSURE OF PORTION OF OLI~ VIRGINIA BEACH ROAD 8Y CITY OF VIRGINIA BEACH VIRGINIA BEACH BOROUGH ~ VIRGINIA BEACH~VIRGINIA BUREAU OF SURVEYS AND MAPPING ENGINEERING DI VISION DEPARTMENT OF PUBLIC WORKS CITY OF V,RGIN,A BEACH, VIRG,NIA DATE:JUNE 19 ~ [SCALE:,"~: lO0'I ~[FIELDBOOK:'B"89 FILE: VERTICAL 58 - 27- Item IV-I.c.1. PUBLIC HEARING PLANNING ITEM # 34308 Upon motion by Councilman Brazier, seconded by Councilman Sessoms, City Council ADOPTED: Resolution Authorizing the Reconstruction of a Nonconforming Use Located at 1148 Winterville Court, Property of Dorothy White, Borough of Lynnhaven The following conditions shall be required: a. The new structure shall comply with all applicable ordinances of the City. b. The new structure shall be connected to City sewer and water facilities. Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf April 9, 1991 ~,~OVED A~ ~ ' DEPA~MIENT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 RESOLUTION AUTHORIZING THE RECONSTRUCTION OF A NONCONFORMING USE LOCATED AT 1148 WINTERVILLE COURT, PROPERTY OF DOROTHY WHITE, BOROUGH OF LYNNHAVEN WHEREAS, Dorothy White, hereinafter referred to as the Applicant, is the owner of a single-family dwelling located at 1148 Winterville Court, Borough of Lynnhaven, in the A-12 Apartment District; and WHEREAS, the Applicant desires to demolish the said single-family dwelling and construct a new single-family dwelling in its place; and WHEREAS, the present use of the property does not conform to the provisions of the City Zoning Ordinance because single-family dwellings are not permitted uses within the A-12 Apartment District; and WHEREAS, pursuant to Section 105(d) of the City Zoning Ordinance, the City Council may authorize the reconstruction of a nonconforming use if it finds that the use as reconstructed is equally appropriate or more appropriate to the zoning district than is the existing nonconformity; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That City Council hereby finds that the proposed single- family dwelling of the Applicant is equally appropriate or more appropriate to the zoning district in which it is located than is the existing nonconformity. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City CoUncil hereby authorizes the reconstruction of the applicant's dwelling, upon the condition that the new structure comply with all applicable ordinances of the City, and 33 34 upon the further condition that the new structure be connected to City sewer and water facilities. 35 36 Adopted by the City Council of Beach on the 9 day of April the City of Virginia , 1991. 37 38 39 CA-91-4170 \ordin\noncode\white.res R-1 - 28 - Item IV-I .c.2. PUBLIC HEARING PLANNING ITEM # 34309 William R. Bergey, 2502 Berkley Avenue, Chesapeake, Phone: 545-2078, the applicant and represented himself. Upon motion by Councilman Brazier, seconded by Councilman Sessoms, City Council ADOPTED: ' Resolution Authorizing the Reconstruction of a Nonconforming Use Located at 3309 Shore Avenue, Property of Willlam R. Bergey, Borough of Lynnhaven The following condition shall be required: a. The enlargement of the applicant's dwelling shall be in accordance with the plans submitted with the application. Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf April 9, 1991 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 AFPROVED(~;;~ .~, · ~/ SIGNATURE DEPA RTtjjASNT APPROVED AS TO LEGAL /~ FICIEN A FOR ....... t~ITY A~YI'dRN~' ' RESOLUTION AUTHORIZING THE ENLARGE- MENT OF A NONCONFORMING USE LOCATED AT 3309 OCEAN SHORE AVENUE, PROPERTY OF WILLIAM R. BERGEY, BOROUGH OF LYNNHAVEN WHEREAS, William R. Bergey, hereinafter referred to as the Applicant, is the owner of a single-family dwelling located at 3309 Ocean Shore Avenue, Borough of Lynnhaven, in the B-4 Resort Commercial District; and WHEREAS, the Applicant desires to enlarge the said single-family dwelling by constructing an addition to it; and WHEREAS, the present use of the property does not conform to the provisions of the City Zoning Ordinance because single-family dwellings are not permitted uses within the B-4 Resort Commercial District; and WHEREAS, pursuant to Section 105(d) of the City Zoning Ordinance, the City Council may authorize the enlargement of a nonconforming use if it finds that the use as enlarged is equally appropriate or more appropriate to the zoning district than is the existing nonconformity; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That City Council hereby finds that the proposed single- family dwelling of the Applicant, as enlarged, would be equally appropriate to the zoning district in which it is located as is the existing nonconformity. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Council hereby authorizes the enlargement of the Applicant's dwelling in accordance with the plans submitted in connection with the application. 32 33 Adopted by the City Council of the City of Virginia Beach on the 9 April day of , 1991. 34 35 36 CA-91-4171 \ordin\noncode\bergey.res R-1 - 29 - Item IV-I.d. PUBLIC HEARING ITEM # 34310 Marvin Rollins, 1521 Mill Landing Road, Phone: 426-6459, represented the applicant Upon motion by Councilman Lanteigne, seconded by Councilman Sessoms, City Council APPROVED the application of MARVIN C. ETHERIDGE for a Variance to Section 4.4(b) of the Subdivision Ordinance which requires that all lots created by subdivision meet all requirements of the City Zoning Ordinance. Appeal from Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Marvin C. Etheridge. Property is located on the north side of Fitztown Road, 1319 feet west of Princess Anne Road. PUNGO BOROUGH. Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf April 9, 1991 - 30 - Item IV-I.d. PUBLIC HEARING ITEM # 34311 Frank Patterson, 2104 Crew Court, Phone: 491-5257, Manager of Virginia Power's Virginia Beach East District. Upon motion by Councilman Lanteigne, seconded by Councilman Sessoms, City Council APPROVED the application of VIRGINIA POWER for a Variance to Section 4.4(b) of the Subdivision Ordinance which requires that all lots created by subdivision meet all requirements of the City Zoning Ordinance. Appeal from Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Virginia Power. Property is located on the west side of Jarvis Road, south of West Neck Road. PUNGO BOROUGH. The following conditions shall be required: 1. A recorded agreement or notation on the final plat is required between Virginia Power and the City restricting the use of Parcel B solely to that of an electrical utility substation and major transmission line. Approval of a conditional use permit is required prior to construction. 2. The applicant shall restrict all development, except that needed for the access road and transmission line, to the cleared portion of the site. A 50-foot wide vegetated buffer upland of the limits of the wetland fringe is required to reduce development impacts on the adjacent wetlands area. The buffer must be shown on the recorded plat. Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf April 9, 1991 Item IV-I.e.1. - 31 - PUBLIC HEARING ITEM # 34312 Attorney Grover Wright represented the applicant F. Wayne McLeskey, Jr., the applicant, represented himself Upon motion by Councilman Heischober, seconded by Councilman Jones, City Council ADOPTED an Ordinance upon application of F. WAYNE McLESKEY, JR. for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF F. WAYNE McLESKEY, JR. FOR A CONDITIONAL USE PERMIT FOR A COMMERCIAL MARINA (EXPANSION) R04911360 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of F. Wayne McLeskey, Jr., for a Conditional Use Permit for a commercial marina (expansion) at the southeast intersection of Winston Salem Avenue and Arctic Avenue. Said parcel is located at 200 Winston Salem Avenue and contains 1.9 acres. VIRGINIA BEACH BOROUGH. 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 Ninth day of April, Nineteen Hundred and Ninety-One. Councilwoman Parker requested the Planning Commission investigate adequate parking concerns related to commercial marinas. Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf April 9, 1991 Item IV-I.e.2 - 32 - PUBLIC HEARING ITEM # 34313 Attorney Grover Wright represented the applicant F. Wayne McLeskey, Jr., the applicant, represented himself Upon motion by Councilman Brazier, seconded by Councilman Sessoms, City Council ADOPTED an Ordinance upon application of F. WAYNE McLESKEY, JR. for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF F. WAYNE McLESKEY, JR. FOR A CONDITIONAL USE PERMIT FOR BOAT SLIPS (10 ADDITIONAL SLIPS FOR TOTAL OF 16) RO4911361 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of F. Wayne McLeskey, Jr., for a Conditional Use Permit for boat slips (10 additional slips for a total of 16) on Lots 19, 20, 21 and 22, Block B, Rudee Heights. Said parcels are located at 416 Southside Drive and contain 16,585 square feet. LYNNHAVEN BOROUGH. 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 Ninth day of April, Nineteen Hundred and Ninety-One. Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf April 9, 1991 - 33 - Item IV-I.8. PUBLIC HEARING ITEM # 34314 PLANNING Attorney R. E. Bourdon, Pembroke One Building, Fifth Floor, Phone: 449-8971, represented the applicant The following registered in OPPOSITION: Joyce Salmons, 809 Princess Anne Road, Phone: 426-6470. Mrs. Salmon's letter in OPPOSITION and attached documentation is hereby made a part of the record Robert Dean, 1204 Shawn Drive, Phone: 427-6606 Georgette Constant-Davis, 110 82nd Street, Phone: 422-2948 Upon motion by Councilman Lanteigne, seconded by Councilman Baum, City Council ADOPTED an Ordinance upon application of LUKE B & LORI A. BALDWIN for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF LUKE B. & LORI A. BALDWIN FOR A CONDITIONAL USE PERMIT FOR A SINGLE FAMILY DWELLING IN THE AG-1 AGRICULTURAL DISTRICT R04911362 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Luke B. & Lori A. Baldwin for a Conditional Use Permit for a single family dwelling in the AG-1 Agricultural District at the southwest terminus of Blossom Hill Court on Lot 5, Blossom Hill Estates. Said parcel contains 2.243 acres. PUNGO BOROUGH. The following conditions shall be required: 1. A 50-foot wide vegetated buffer upland of the limit of the wetland fringe must be maintained on this site. The applicants understand and acknowledge that their property is located in an agricultural district and may be subject to noise, dust, odor, chemical spraying and the like as a result of the raising of crops and livestock and other agricultural operations on nearby property, and that such operations are protected by the Virginia Right to Farm Act (Sections 3.1-22.28 and -22.29 of the Code of Virginia). 3. The applicants further understand and acknowledge that several agribusinesses are located directly South of this development, with a major hog-raising operation across Princess Anne Road, and the rights of these businesses or operations to continue to exist and to expand are recognized and accepted by the applicants. April 9, 1991 - 34 - Item IV-I.~. PUBLIC HEARING ITEM # 34314 (Continued) PLANNING 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 Ninth day of April, Nineteen Hundred and Ninety-One. Voting: 8-2 Council Members Voting Aye: John A. Baum, James Clyburn, Vice Mayor Heischober, Louis R. William D. Sessoms, Jr. W. Brazier, Jr., Robert W. Robert E. Fentress, Harold Jones, Paul J. Lanteigne and Council Members Voting Nay: Reba S. McClanan and Nancy K. Parker Council Members Absent: Mayor Meyera E. Oberndorf Items IV-I.l.g and IV-I.l.h. were voted upon in ONE MOTION - 35 - Item IV-I.h. PUBLIC HEARING ITEM # 34315 PLANNING Attorney R. E. Bourdon, Pembroke One Building, Fifth Floor, Phone: 449-8971, represented the applicant The following registered in OPPOSITION: Joyce Salmons, 809 Princess Anne Road, Phone: 426-6470. Mrs. Salmon's letter in OPPOSITION and attached documentation is hereby made a part of the record Robert Dean, 1204 Shawn Drive, Phone: 427-6606 Georgette Constant-Davis, 110 82nd Street, Phone: 422-2948 Upon motion by Councilman Lanteigne, seconded by Councilman Baum, City Council ADOPTED an Ordinance upon application of MICHAEL R. and EILEEN A. WARE for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF MICHAEL R. AND EILEEN A. WARE FOR A CONDITIONAL USE PERMIT FOR A SINGLE- FAMILY DWELLING IN THE AG-1 AGRICULTURAL DISTRICT RO4911362 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Michael R. and Eileen A. Ware for a Conditional Use Permit for a single family dwelling in the AG-1 Agricultural District at the northwest terminus of Blossom Hill Court on Lot 6, Blossom Hill Estates. The parcel contains 2.213 acres. PUNGO BOROUGH The following conditions shall be required: 1. A 50-foot wide vegetated buffer upland of the limit of the wetland fringe must be maintained on this site. The applicants understand and acknowledge that their property is located in an agricultural district and may be subject to noise, dust, odor, chemical spraying and the like as a result of the raising of crops and livestock and other agricultural operations on nearby property, and that such operations are protected by the Virginia Right to Farm Act (Sections 3.1-22.28 and -22.29 of the Code of Virginia). 3. The applicants further understand and acknowledge that several agribusinesses are located directly South of this development, with a major hog-raising operation across Princess Anne Road, and the rights of these businesses or operations to continue to exist and to expand are recognized and accepted by the applicants. April 9, 1991 - 36 - Item IV-l.h. PUBLIC HEARING ITEM # 34315 (Continued) PLANNING 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 Ninth day of April, Nineteen Hundred and Ninety-One. Voting: 8-2 Council Members Voting Aye: John A. Baum, James Clyburn, Vice Mayor Heischober, Louis R. William D. Sessoms, Jr. W. Brazier, Jr., Robert W. Robert E. Fentress, Harold Jones, Paul J. Lantelgne and Council Members Voting Nay: Reba S. McClanan and Nancy K. Parker Council Members Absent: Mayor Meyera E. Oberndorf Items IV-l.l.g and IV-I.l.h. were voted upon In ONE NOTION April 9, 1991 - 37 - Item IV-I.i. PUBLIC HEARING ITEM # 34316 PLANNING Bill Davenport, 804 Circuit Court Phone: 481-2291, represented the applicant and is the contract-purchaser of the property Attorney R. E. Bourdon, represented the owners of the Fox Fire development The following registered in OPPOSITION: Rae H. LeSesne, 5325 Thornburg Lane, Phone: 497-8008, represented the Citizens Action Coalition Robert Dean, 1204 Shawn Drive, Phone: 427-6606 Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925 Upon motion by Councilman Heischober, seconded by Councilman Baum, City Council REFERRED TO THE PLANNING COMMISSION, at no cost to the applicants, all matters of downzoning, specifically the Applications of JOHNNIE B. and PAGE HARTLEY for Changes of Zoning District Classification (PRINCESS ANNE BOROUGH): ORDINANCE UPON APPLICATION OF JOHNNIE B. & PAGE B. HARTLEY FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-1 TO R-5D AND, Ordinance upon application of Johnnie B. and Page B. Hartley for a Change of Zoning District Classification from AG-1 Agricultural District to R-5D Residential Duplex District on certain property located 600 feet south of Seaboard Road beginning at a point 950 feet more or less east of Bernadotte Street. The proposed zoning classification change is for residential development land use. The Comprehensive Plan designates this site for prime agricultural land with a density no greater than 1 dwelling unit per acre. Said parcel contains 15 acres more or less. PRINCESS ANNE BOROUGH. ORDINANCE UPON APPLICATION OF JOHNNIE B. & PAGE B. HARTLEY FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-2 TO R-5D Ordinance upon application of Johnnie B. and Page B. Hartley for a Change of Zoning District Classification from AG-2 Agricultural District to R-5D Residential Duplex District on certain property located on the south side of Seaboard Road beginning at a point 950 feet more or less east of Bernadotte Street. The proposed zoning classification change is for residential development land use. The Comprehensive Plan designates this site for prime agricultural land with a density no greater than 1 dwelling unit per acre. Said parcel contains 15 acres more or less. PRINCESS ANNE BOROUGH. The Planning Commission shall examine all facets of the downzoning issue, determine how the City may address the appropriate restoration of property rights and make its recommendation expediently to City Council. April 9, 1991 - 38 - Item IV-I.i. PUBLIC HEARING ITEM # 34316 PLANNING Voting: 9-1 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: Reba S. McClanan Council Members Absent: Mayor Meyera E. Oberndorf April 9, 1991 - 39 - Item IV-I .j. PUBLIC HEARING ITEM # 34317 PLANNING Thomas C. Broyles, Phone: 491-4002, represented the applicant Tuck Bowie, 1709 Oxen Court, Phone: 481-2741, represented the applicant The following registered in OPPOSITION: Colonel Henry L. Gordner, 1928 Weybridge Circle, Phone: 427-6858 Rae H. LeSesne, 5325 Thornburg Lane, Phone: 497-8008 Melvin H. Eaton, 2600 West Landing Road, Phone: 426-6020 Charles Traub III, 784 Glasgow Court, Phone: 340-9056 Maurice Jackson, 1125 Ditchley Road, Phone: 428-1470, represented the Council of Civic Organizations Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925 Robert Dean, 1204 Shawn Drive, Phone: 427-6606 Upon motion by Councilman Heischober, seconded by Councilman Baum, City Council ADOPTED Ordinances upon application of INDIAN RIVER PLANTATION, INC. for Conditional Zoning Classifications and a Conditional Use Permit: ORDINANCE UPON APPLICATION OF INDIAN PLANTATION, INC. FOR A CONDITIONAL CLASSIFICATION FROM AG-1 TO R-lO Z04911300 RIVER ZONING BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Indian River Plantation, Inc. for a Conditional Zoning Classification from AG-1 Agricultural District to R-lO Residential District on the following parcels: Parcel 1: Located 720 feet more or less north of Indian River Road beginning at a point 5600 feet more or less west of West Neck Road. Parcel 2: Located 700 feet more or less north of Indian River Road beginning at a point 4200 feet more or less west of West Neck Road. Parcel 3: Located 640 feet more or less north of Indian River Road beginning at a point 3040 feet more or less west of West Neck Road. Parcel 4: Located 840 feet more or less north of Indian River Road beginning at a point 640 feet more or less west of West Neck Road. Said parcels contain 56.1 acres. More detailed information is available in the Department of Planning. PRINCESS ANNE BOROUGH. A N D, ORDINANCE UPON APPLICATION OF INDIAN PLANTATION, INC. FOR A CONDITIONAL CLASSIFICATION FROM AG-1 TO R-15 Z04911301 RIVER ZONING BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Indian River Plantation, Inc. for a Conditional Zoning Classification from AG-1 Agricultural District to R-15 Residential District on the following parcels: Parcel 1: Located 660 feet more or less north of Indian River Road beginning at a point 740 feet more or less west of West Neck Road. Parcel 2: Located 1360 feet more or less north of Indian River Road beginning at a point 3850 feet more or less west of West Neck Road. Parcel 3: Located 1920 feet more or less north of Indian River Road beginning at a point 5540 feet more or less west of West Neck Road. Said parcels contain 82.1 acres. More detailed information is available in the Department of Planning. PRINCESS ANNE BOROUGH. April 9, 1991 - 40 - Item IV-I.j. PUBLIC HEARING ITEM # 34317 (Continued) PLANNING AND, ORDINANCE UPON APPLICATION OF INDIAN PLANTATION, INC. FOR A CONDITIONAL CLASSIFICATION FROM AG-1 TO R-20 Z04911302 RIVER ZONING BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Indian River Plantation, Inc. for a Change of Zoning District Classification from AG-1 Agricultural District to R-20 Residential District on the following parcels: Parcel 1: Located 700 feet more or less north of Indian River Road beginning at a point 1140 feet more or less west of West Neck Road. Parcel 2: Located 1200 feet more or less north of Indian River Road beginning at a point 900 feet more or less west of West Neck Road. Parcel 3: Located 4000 feet more or less north of Indian River Road beginning at a point 700 feet more or less west of West Neck Road. Parcel 4: Located 1900 feet more or less north Indian River Road beginning at a point 4800 feet more or less west of West Neck Road. Parcel 5: Located 2300 feet more or less north of Indian River Road beginning at a point 3650 feet more or less west of West Neck Road. Parcel 6: Located 1400 feet more or less north of Indian River Road beginning at a point 3700 feet more or less west of West Neck Road. Said parcels contain 101.9 acres. More detailed information is available in the Department of Planning. PRINCESS ANNE BOROUGH. A N D, ORDINANCE UPON APPLICATION OF INDIAN PLANTATION, INC. FOR A CONDITIONAL CLASSIFICATION FROM AG-2 TO R-lO Z04911303 RIVER ZONING BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Indian River Plantation, Inc. for a Change of Zoning District Classification from AG-2 Agricultural District to R-lO Residential District on the following parcels: Parcel 1: Located on the north side of Indian River Road beginning at a point 5800 feet more or less west of West Neck Road. Parcel 2: Located on the north side of Indian River Road beginning at a point 5200 feet more or less west of West Neck Road. Parcel 3: Located on the north side of Indian River Road beginning at a point 2920 feet more or less west of West Neck Road. Parcel 4: Located on the west side of West Neck Road beginning at a point 800 feet more or less north of Indian River Road. Parcel 5: Located 2940 feet northwest of the intersection of Indian River Road and West Neck Road. Said parcels contain 52.9 acres. More detailed information is available in the Department of Planning. PRINCESS ANNE BOROUGH. April 9, 1991 - 41 - Item IV-I.j. PUBLIC HEARING ITEM # 34317 (Continued) PLANNING A N D, ORDINANCE UPON APPLICATION OF INDIAN PLANTATION, INC. FOR A CONDITIONAL CLASSIFICATION FROM AG-2 TO R-15 Z04911304 RIVER ZONING BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Indian River Plantation, Inc. for a Conditional Zoning Classification from AG-2 Agricultural District to R-15 Residential District on the following parcels. Parcel 1: Located on the west side of West Neck Road beginning at a point 4440 feet more or less north of Indian River Road. Parcel 2: Located 300 feet more or less north of Indian River Road beginning at a point 640 feet more or less west of West Neck Road. Said parcels contain 22.8 acres. More detailed information is available in the Department of Planning. PRINCESS ANNE BOROUGH. AND, ORDINANCE UPON APPLICATION OF INDIAN PLANTATION, INC. FOR A CONDITIONAL CLASSIFICATION FROM AG-2 TO R-20 Z04911305 RIVER ZONING BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Indian River Plantation, Inc., for a Conditional Zoning Classification from AG-2 Agricultural District to R-20 Residential District on the following parcels: Parcel 1: Located 700 feet more or less north of Indian River Road beginning at a point 1140 feet more or less west of West Neck Road. Parcel 2: Located 3340 feet more or less north of Indian River Road beginning at a point 1800 feet more or less west of West Neck Road. Parcel 3: Located 3480 feet more or less north of Indian River Road beginning at a point 240 feet more or less west of West Neck Road. Said parcels contain 14.6 acres. More detailed information is available in the Department of Planning. PRINCESS ANNE BOROUGH. AND, ORDINANCE UPON APPLICATION OF INDIAN RIVER PLANTATION, INC. FOR A CONDITIONAL USE PERMIT FOR A RECREATIONAL FACILITY FOR AN OUTDOOR NATURE (GOLF COURSE) R04911363 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Indian River Plantation, Inc. for a Conditional Use Permit for a recreational facility of an outdoor nature (golf course) on certain parcels located at the northwest intersection of Indian River Road and West Neck Road. Said parcels contain 203.6 acres. More detailed information Ts available in the Department of Planning. PRINCESS ANNE BOROUGH. April 9, 1991 Item PUBL I C HEAR I NG PLANN I NG - 42 - ITEM # 34317 (Continued) The following condition shall be required: 1. All INDIAN RIVER PLANTATION applications shall be subject to the proffers contained in an agreement presented to City Council on April 9, 1991; and, the agreement being recorded with the Clerk of the Circuit Court. These 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 Ninth day of April, Nineteen Hundred and Ninety-One. Voting: 6-3 Council Members Voting Aye: John A. Baum, Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, and William D. Sessoms, Jr. Council Members Voting Nay: James W. Brazier, Jr., Paul J. Lanteigne and Parker Nancy K. Council Members Abstaining: Reba S. McClanan Council Members Absent: Mayor Meyera E. Oberndorf *Councilwoman McClanan DISCLOSED pursuant to Section 2.1-639.14(G) of the Code of Virginia, ownership of four to six acres of property on West Neck Road, which is adjacent to the property of Indian River Plantation, Inc. Her property is valued in excess of $10,000. Although the City Attorney had advised she is able to participate in the transaction fairly, objectively, and in the public interest as a member of a group, the members of which are affected by the transaction, Councilwoman McClanan wished to disclose this interest and ABSTAIN on the Ordinances of Indian River Plantation, Inc. Councilwoman McClanan's letter of April 8, 1991, is hereby made a part of the record. *Vice Mayor Fentress DISCLOSED pursuant to Section 2.1-639.14(G) of the Code of Virginia, receiving retirement benefits in excess of $10,000.00 annually from Commerce Bank. Attorney Thomas Broyles is an officer of Indian River Plantation, Inc. and is also the Chairman of the Board of Directors of Commerce Bank. Although the City Attorney had advised he ls not required to disclose this interest, as it does not meet the criteria of a personal interest in the transaction under the Conflict of Interests Act, Vice Mayor Fentress wished to disclose this interest and declare that he is able to participate in this transaction fairly, objectively, and in the public interest. Vice Mayor Fentress's letter of March 12, 1991, is hereby made a part of the record. April 9, 1991 FOI:t'M NO. I~.S. le t)£ Vix-gix-iia Bcacl- INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. CA-3950 DATE: April 4, 1991 TO: FROM: RE: Leslie L. Lilley Gary L. Fentress~ Indian River Plantation Conditional Zoning Proffer Agreement DEPT: DEPT: City Attorney City Attorney The proffer agreement application is acceptable as agreement is enclosed herewith. submitted with the referenced to legal form. A copy of the Comments As To The Adequacy of Security of Performance For Dedications and Payment of Cash Section 107(h)(3) of the CZO requires the City Attorney to advise the City Council as to the adequacy of provisions securing to the City the timely performance of conditions f6~ the dedication of real property or payment of cash when the performance of such obligation is delayed until the facilities for which such proffer is offered are included in the Capital Improvement Program. Proffer number 6 contains an offer to pay to the City a certain amount of cash for each residential lot created within the development, to be applied to CIP needs impacted by the develop- ment. The funds proffered have been designated for right-of-way acquisition and improvement costs associated with a 150-foot major arterial shown on the Master Street and Highway Plan but not yet programmed in the 5-year CIP. The City's position as concerns the enforcement of this proffer is secure. First, the proffer provides that payment for each lot will be made prior to the recordation of a plat creating that lot. Therefore, unless appropriate payments are made, no residential lots will be created. Secondly, although the payments have been earmarked for a 150 foot roadway which has not been included in the 5-year CIP, the grantor has further provided that the City may, at its discretion, apply payments to TO: FROM: RE: DATE: PAGE: Leslie L. Lille¥ Gary L. Fentress Indian River Plantation April 4, 1991 2 any other roadway in the 5-year CIP in or adjacent to Transition Areas I or II. The Planning Director advises that improvements to roadways within such areas are currently scheduled in the 5-year CIP. It is further anticipated that road improvements in such areas will remain in the 5-year CIP well into the future. Therefore, there exists a high degree of certainty that payments may be accepted on an on-going basis as lots are created. Additionally, in the event that the improvements for which such funds are designated are not utilized for such purpose within 20 years of collection, the City shall apply the funds to educational expenses generated by the development. Such provision negates the possibility that any funds collected will ever have to be returned to the developer. If any questions remain, please advise. GLF/dhh Enclosure INDIAN RIVER PLANTATION GIVEN ! INDIAN RIVER PLANTATION, INC., a Virginia corporation TO: (COVENANTS AND CONDITIONS) CITY OF VIRGINIA BEACH, a Municipal'corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 26th day of March, 1991, by and between INDIAN RIVER PLANTATION, INC., a Virginia corporation, INDIAN RIVER COUNTRY CLUB ESTATES, L.P., a Virginia limited partnership, JAMES L. MILLER, TRUSTEE OF WHEELGATE LAND TRUST, DOCKERY LAMBERT, JR. and MILDRED W. LAMBERT, husband and wife, ALICE M. BRITT, unmarried, THELMA B. HARRIS, widow and unremarried, and MARY E. BRITT, unmar- ried ("Grantors"), of the one part, and CITY OF VIRGINIA BEACH, a Municipal corporation of the Commonwealth of Virginia ("Grantee"), of the other part. WITNESSETH THAT: WHEREAS, the Grantors have initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition of the Grantors addressed to the Grantee, so as to rezone the Grantors' property from AG-1 and AG-2 Agricul- tural Districts to R-20, R-15 and R-10, Residential Dis- tricts, with a Conditional Use Permit for a Recreational and Amusement facility (i.e., golf course), on certain property located at the Northwest corner of the intersection of Indian River Road and West Neck Road, containing 534 acres, more or less, in Princess Anne Borough, in the City of Virginia Beach, Virginia; said property being referred to hereinafter as the "Property", more particularly described on Exhibit A attached hereto and incorporated herein. WHEREAS, the Grantee's policy is to provide only for the orderly development of land, for residential use and recreation of an outdoor nature (i.e., golf course and amenity normally associated with a golf club) through zoning and other land development legislation; and WHEREAS, the Grantors acknowledge that in order to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land in a Residential Zoned classification are needed to cope with the situation which the Grantors' proposed development gives rise to; and WHEREAS, the Grantors have voluntarily proffered in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the Residential Zoning district or zone by the existing overall zoning ordinances, the following reasgnable condi- tions related to the physical development and operation of the property to be adopted as a part of said amendment to the new Zoning Map relative to the property described above, which have a reasonable relation to the rezoning and the need for which is generated by the rezoning and proposed development; and WHEREAS, said conditions having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the zoning ordinance, such conditions shall continue in full force and effect until a subsequent amend- ment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwith- standing the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virgin- ia, 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 be the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grant- ee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, ~ection 15.1-431, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW, THEREFORE, the Grantors, for themselves, their assigns, grantees, and other successors in title or inter- est, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restric- tions as to the physical development and operation of the subject property and governing the use thereof and hereby covenants and agrees that this declaration shall constitute covenants running with the said Property, which shall be .binding upon the Property and upon all parties and persons claiming under or through the Grantors, their heirs, per- sonal representatives, assigns, grantees and other succes- sors in interest or title, namely: 1. Grantors agree to complete Golf Course prior to the issuance of any occupancy permits for residences. 2. Grantors agree that no dwelling units shall be occupied prior to January 1, 1993 and that no more than two 3 hundred sixty-seven (267) of the proposed dwelling units will be occupied prior to December 31, 1996. 3. Property to be developed substantially in conformity with the Land Use Plan entitled "REZONING AND CONDITIONAL USE PLAN OF INDIAN RIVER PLANTATION", dated April 12, 1990, which said Land Plan has been exhibited to the City Council and is on file in the Department of Plan- ning. Density shall not exceed one (1) unit per acre based upon the gross area of the project including the golf course, but shall not exceed 534 residential units. 4. The Grantors agree that a comprehensive stormwater management plan will be developed for the entire property prior to any development approval, including construction of the golf course. This plan will include the following elements: (a) A description of the existing environmental hydrologic conditions of the site and receiving waters and wetlands; (b) Changes in topography resulting ~rom con- struction of the golf course and all subsequent devel- opment; (c) Areas where naturally occurring vegetation, including trees, will be preserved to protect wetland area, wildlife habitat, and natural drainageways; and (d) Areas where regional Best Management Prac- tices facilities will be located. 5. Prior to development of the Property, the Grantors shall install (or bond, if appropriate) at its own 4 expense an on-site roadway system as may be reasonably required to meet the demands created by this development without cost to the Grantee. The Grantor further agrees to provide the following offsite roadway and traffic improve- ments at Grantor's own expense to include the following: Intersection of West Neck Road and Indian River Road A. West Neck Road Southbound (1 right turn lane, 1 through lane, 1 left turn lane) Northbound (1 left turn lane, 1 combination through/right turn lane) B. Indian River Road Both approaches (1 left turn lane, 1 combination through/right turn lane) C. Traffic signal Grantor agrees that these improvements will be completed, or bonded if appropriate, prior to the recordation of the last residential lot in the subject site or December 31, 2001, whichever comes first. 6. The Grantor recognizes that the subject site is located within the limits of Transitional Area II iden- tified in the Comprehensive Plan of the City of Virginia Beach, adopted by City Council on March 5, 1991.. The Comprehensive Plan states that all development within Transitional Area II shall pay its pro rata share of all needed capital improvements. Grantor agrees to pay their pro rata share subject to the following: A. Grantor will make payments on a residential lot basis (hereinafter per unit pro rata cost). As of the permitted commencement date for platting of residential lots (January 1, 1993), the per unit Pro rata cost will be $2,088.00. Grantor recognizes that the per unit pro rata cost will be paid over a period of years and therefore inflation must be considered. In that regard, Grantor agrees to pay the per unit cost according to the following schedule: Time Period January 1, 1993 - December 31, 1993 January 1, 1994 - December 31, 1994 January 1, 1995 - December 31, 1995 January 1, 1996 - December 31, 1996 January 1, 1997 - December 31, 1997 January 1, 1998 - December 31, 1998 January 1, 1999 - December 31, 1999 January 1, 2000 - December 31, 2000 January 1, 2001 - December 31, 2001 Per Unit Cost (Payment per residential lot) 2,088.00 2,163.00 2,241.00 2,322.00 2,406.00 2,493.00 2,583.00 2,676.00 2,772'.00 Any payment made after December 31, 2001 will continue to increase by 3.6 percent annually. B. Grantor agrees to make payment for each residential lot shown on any subdivision plat prior to recordation of that plat. C. All payments will be made to the Planning Department payable to the City Treasurerl D. Grantor agrees to dedicate a maximum of 48 feet from the center line of the existing'roadway along the frontage of the subject site to allow for an ultimate 96 foot right-of-way for Indian River Road in accordance with the City Master Street Highway Plan dated March 5, 1991. The right-of-way dedication will be made prior to or concurrent with the recordation of the first subdivision plat. E. All funds collected will be utilized by the Grantee to offset right-of-way acquisition and im- provement costs for the construction of the 150-foot major arterial shown on the Grantee's Master Street and Highway Plan. In the event that the 150-foot major arterial has not been included in the City's 5 Year Capital Improvement Program, the Grantee, at its discretion, may apply said funds to any other roadway in the 5 Year Capital Improvement Program in or adja- cent to Transition Areas I or II. If the Grantee does not proceed with the construction of any Capital Improvement Program road project for which the funds 6 have been collected within 20 years, all funds shall be applied to educational expenses generated by the proposed development. F. The Grantor recognizes that the payment of pro rata share costs does not eliminate other required fees normally associated with development process. It is recognized that further conditions may be re- quired during the administration of applicable City ordi- nances and that there will be detailed site plan review to meet all applicable City codes, and that further conditions may be required during the administration of applicable City ordinances. Ail references hereinabove to requirements and regula- tions applicable thereto refer to the comprehensive Zoning Ordinance of the city of Virginia Beach, Virginia, in force as of September 26, 1990, which is by this reference incor- porated herein. The Grantors covenant and agree 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, Virginia, to admin- ister and enforce the foregoing conditions, including (i) the ordering in writing of the remedying of any noncom- pliance with such conditions, and (ii) the bringing of legal action or suit to insure 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) it aggrieved by any decision of the Zoning Administrator pursuant to the provisions, the Grantors shall petition to the governing body for review thereof prior to instituting proceedings in court; and (4) the Zoning map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the. Grantors and Grantee. WITNESS the following signatures: INDIAN RIVER PLANTATION, INC., a Virginia corporation Vice president/Secretary INDIAN RIVER COUNTRY CLUB ESTATES, L.P., a Virginia limited partnership By: INDIAN RIVER FARMS, INC., a Virginia corporation, General Partner Bernard A. Walker President WHEELGATE .~AND TRUST ,Jam~s L. Miller, Trustee ~' t" ~'- if',_ · ~: ¥.- ,_.,~,.--z. ,~z . ' ~' ?. ~..~ Dockery L~ert, Jr. ;"-' · .j ~ / .~ Mi'ldred W. Lamber~" -- 8 Alice M. Brit~' Thelma' ' ' Ha'rris Mar~ E. [Britt STATE OF VIRGINIA CITY OF VIRGINIA BEACH, tu-~wit: . I,c~:~)<.~(~: ~['v ~ - '/~ ,~ , a Not~y~.'Public for ~ St~}~ o~ Virginia, do hereby certify that f~; ~ 4.~ {'~ ~ ~(1~ ~ , President of Indian River Plantation, Inc.,!]a Vir~ini? corporation, on behalf of the corporation, whose name ~s s~gned to the foregoing instrument bearing date on the 26th day of March, 1991, has acknowledged the same before me in the City and Stat~ aforesaid. ,Notary Public My commission expires: :/tY t STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, ~> '~/L~I ~[ L~ ' ~"~'~,~ , a Not~ry Public for the. Sta,te of Virginia, do hereby certify that /~ [ .... ( ~{ .; ' "[~ ~ , Vice President/Secretary of Indian River Plantation, Inc., a Virginia corporation, on behalf of the corporation, whose name is signed to the foregoing instrument bearing date on the 26th day of March, 1991, has acknowledged the same before me in the City and State aforesaid. ... I ~/ ~'~ ~otary Public ~" My commission expires:( ~ STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: ~'~ . ..... , a Notary Public for the State of Virginia, do hereby certify that Bernard A. Walker, President of Indian River Farms, Inc., a Virginia corporation, on behalf of the corporation, as General Partner of Indian River Country Club Estates, L.P., a Virginia limited partnership, whose name is signed to the foregoing instrument bearing date on the 26th day of March, 1991, has acknowledged the same before me in the City and State aforesaid. ,-,. / Notary Public My commission expires: ~./:3 STATE OF VIRGINIA z CITY OF ?~u_~.~ , to-wit: / P '- W',( I, 7~'~"z--:~.'~-4.. ~'._~C~,- , a Notary Public for the State of V~ginia, do hereby certify that J~es L. Miller, Trustee of Wheelgate Land Trust, whose n~e is signed to the foregoing instrument bearing date on the 26th day of March, 1991, has acknowledged the same before me in the City and State aforesaid. Notary Public My commission expires: CITY OF ~~~ , to-wit: I, ~,HI6 d4~/~ ~. ~3'/] , a Notary P~lic for the State of Virgin~, do hereby certify that Dockery L~ert, Jr. and Mildred W. La~ert, husband and wife, whose n~e is signed to the foregoing instr~ent bearing d. ate on the 26th day of March, 1991, has acknowledged the s~e before me in the City and State aforesaid. Notary ~blic My co, lesion expires: STATE OF ~ / ' CI~ OF ¢':1~%~~¢~/'~ , to-wit: the -' " ...... - /~ .... : ~ .. , Notary Publzc for ~a%e oU Vzrg~nia, do hereb~ certify that Alice M. Britt, who~ n~e is signed to'~he foregoing instr~ent bearing date on the 26th day of March, 1991, has ac- knowledged the s~e before me in the City and State afore- said. . ..~ '. : My co~issiont ~e pires: ~TATE OF¢., ~ ~¢~.¢-¢--' CI~ OF ; /-~:~;~¢;~ ~/2, to-wit: Z, . ~F..~f~ _~/j3~.'~¢;.~ , a Notary P~lic for the State 6~ Vif¢~nla, do her¢~ certify that Thelma B. ~arr&s, %~hose n~e is signed ~d the foregoing instr~ent bearing ~ate on the 26th day of March, 1991, has ac- knowledged the same before me in the City and State afore- said. My co~ission expires: STATE OF . ~.~'~ ¢~'~ CI~ OF .'~.r~'~,r¢":~/j , to-wit: , ,' ~'- ~ , a Notary Public for bne abate 6~/Vir~inia, do hg~.~by certify that Mary E. Britt, whose n8me..,~s signed to the foregoing instr~ent bearing date on the 26th day of March, 1991, has acknowledged the s~e before me in the City and State afor~ai¢. 10 EXHIBIT A PARCEL ONE ALL THAT certain piece or parcel of land, situate in the City of Virginia Beach, Virginia, and being known, numbered and designated as Parcel "C", on that certain plat entitled, "Subdivision Plat of Parcel C, Britt Farm, December 13, 1988, Princess Anne Borough, Virginia Beach, Va." made by Talbot & Associates, Ltd. Architects, Engineers, Planners, Surveyors, Landscape Architects, said Parcel "C" containing sixteen (16) acres, which said plat is recorded with the Deed of Exchange dated December 20, 1988, between Mary Ellen Britt and others, recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 2800, at page 1866. PARCEL TWO ALL THAT certain lot, piece or parcel of land, lying, being and situate in the City of Virginia Beach, Virginia, shown on that certain plat entitled "BOUNDARY SURVEY OF ROSS PROPERTY FOR VIRGINIA LAND INVESTMENT ASSOC. #6", made by Talbot & Associates, Ltd., and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, herewith and bounded and described as follows: Beginning at a point marked by an axle which constitutes the westernmost point of the property hereby conveyed as shown on the aforesaid plat, and from said point of beginning, running N 49" 55' 8" E 637.40 feet to a point marked by a pipe; thence along the center line of a ditch, which line marks the boundary between the property hereby conveyed and 'the property now or formerly W. W. Oliver, Jr., S 62° 40' 00" E 2277.82 feet; thence along the center line of another ditch S 40° 38' 47" W 1331.46 feet; thence along the center line of another ditch N 61° 10' 33" W 801.20 feet; thence N 61° 53' 06" W 167.47 feet; thence N 62° 56' 35" W 196.51 feet; thence N 64~ 20' 50" W ].29.84 feet; thence N 32° 21' 13" W 170.50 feet; thence N 24" 01' 13" W 669.40 feet; thence N 26" 21' 32" W 311.91 feet to the point of begin- ning. TOGETHER WITH the right and privilege to pass and repass over and under the old "Cason Lane" to the New Road and to West Neck along Whitehurst's (now Oliver's) line. SUBJECT TO the rights of Calvin C. Upton and Walter A. Capps, as reserved in the aforesaid deed recorded in Deed Book 1360, at page 275. PARCEL THREE ALL THAT certain tract, piece or parcel of land, with the buildings and improvements thereon, and the appurtenances, easements and rights-of-way thereunto belonging, situate, lying and being in Princess Anne Borough, Virginia Beach, Virginia, as shown on that certain plat entitled "SURVEY OF PROPERTY OF HARRELL FARM COMPANY (DB. 1005, P. 590)", Scale: 1" = 300', dated November 8, 1989, made by Talbot and Associates, Ltd., duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 198, at page 85. 1 BEGINNING at tile point of intersection of the northern right-of-way line of Indian River Road and the western right-of-way line of West Neck Road; thence along the northern right-of-way line of Indian River Road N 77" 04' 49" W, a distance of 4,003.35 feet to a point; thence N 29" 25' 15" E, a distance of ].,034.53 feet to a point; thence N 63° 25' 40" W, a distance of 497.74 feet to a point; thence N 40" 38' 47" E, a distance of 1,512.91 feet to a point; thence S 62° 39' 51" E, a distance of 1,449.69 feet to a point; thence N~30" 16' 31" E, a distance of 1,475.10 feet to a point; thence S 64~ 41' 59" E, a distance of 237.25 feet to a point in the southern/western right-of-way line of West Neck Road; thence along the southern/western right-of-way line of West Neck Road in a southeasterly direction along a curve to the left having a radius of 492.77 feet, a distance of 192.58 feet to a point; thence along the southern/western right-of-way line of West Neck Road S 64" 41' 59" E, a distance of 395.56 feet to a point; thence S 30° 48' 01" W, a distance of 1,467.78 feet to a point; thence S 54~ 24' 03" E, a distance of 1,335.88 feet to a point in the western right-of-way line of West Neck Road; thence along the western right-of-way line of West Neck Road in a southwesterly direction along a curve to the left having a radius of 2,059.89 feet, a distance of 536.28 feet to a point; thence along the western right-of-way line of West Neck Road S 07~ 06' 28" W, a distance of 841.22 feet to the point of BEGINNING. PARCEL FOUR ALL THAT certain lot, piece or parcel of land with the buildings and improvements thereon and the appurtenances thereunto belonging, lying and situate in the City of Virginia Beach, Virginia and being known and designated as 192.50 Acres, more or less, as shown on that certain plat entitled "PLAT OF SURVEY FOR W. W. OLIVER, JR. & BEL RAY PROPERTIES, WEST NECK ROAD, CITY OF VIRGINIA BEACH, VIRGIN- IA", which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, in Deed Book 2784, at page 1512. PARCEL FIVE ALL TtIAT certain tract, piece or parcel of lan~, situated in West Neck, in Seaboard District, Virginia Beach, Virginia, bounded on the north by the ].ands of W. I. Whitehurst, on the west by the lands of Elias Riddick, on the east by the lands of Rueben Fountain, and on the south by the lands of Roper, Whitehurst and others, containing as shown by the land books, eighty-nine (89) acres, more or less, together with all buildings and improvements thereon, or in anywise appertaining. Less and Except (A): Ail that certain tract, piece or parcel of land, situate, lying and being in the Princess Anne Borough of the City of Virginia Beach, Virginia, and being more particularly designated as "3.26 Ac." on that certain plat entitled "SUBDIVISION OF PROPERTY OF JOSIE M. BRITT, PRINCESS ANNE BOROUGH, VIRGINIA BEACH, VA.", which plat is dated May 3, 1968, and was made by W. B. Gallup, Surveyor, and which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 75, at page 48. Less and Except (B): Ail that certain tract, piece or parcel of land, situate in the City of Virginia Beach, Virginia, known, numbered and designated as "Parcel B" on that certain tract entitled: "Subdivision of Property of Josie Britt, Estate Princess Anne Borough, Virginia Beach, Virginia, D.B. 184, P. 359", dated April 18, 1985, made by Stephen I. Boone & Associates, P.C., duly 'recorded iii the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 2429, at page 851. Less and Except (C): Ail that certain lot, piece or parcel of land, situate in · the City of Virginia Beach, Virginia, and being known, numbered and designated as Parcel "C" on that certain plat entitled: "Subdivision Plat of Parcel C Britt Farm December 13, 1988, Princess Anne Borough, Virginia Beach, VA.", made by Talbot & Associates, Ltd., Architects, Engineers, Plan- ners, Landscape Architects, said Parcel "C" containing (16) acres, which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 2800, at page 871. Less and Except (D): Ail that certain lot, piece or parcel of land, situate in the City of Virginia Beach, Virginia, and being known, numbered and designated as Parcel "A" on that certain plat entitled: "Subdivision of Property of Josie Britt, Estate, Princess Anne Borough, Virginia Beach, Virginia," made by Stephen I. Boone & Associates, which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 2429, at page 851. PARCEL SIX: A) ALL THAT certain piece or parcel of land, situated and being in the City of Virginia Beach (formerly in Seaboard Magisterial District, Princess Anne County), Virginia, and bounded and described as follows: On the West by lands formerly Owens and Fuller; now Riddick; on East by lands belonging to heirs of John H. Munden; and on south by the New Turnpike Road and being tract "first" in a certain deed from W. P. McBain and wife to Hugh A. Woodhouse, dated October 21, 1930, and recorded in Deed Book 161, page 504, in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, said parcel of land containing one (1) acre more or less; and B) ALL THAT certain piece or parcel of land in said City of Virginia Beach, Virginia, containing one (1) acre more or less, and adjoining the above described land on the West and bounded on the West by the land of James Riddick; on the North by said Riddick and on the South by said Turnpike Road, and being a portion of the tract "second" in the deed from W. P. McBain and wife to Hugh A. Woodhouse aforesaid. C) ALL THAT certain lot, piece or parcel of land, lying, situate and being in the City of Virginia Beach, Virginia, formerly in Seaboard Magisterial District, Princess Anne County, Virginia, and designated upon a certain plat and survey entitled, "Map of Riddick's High Land in West Neck, Princess Anne County, Virginia, December 5, 1930, S. M. Simpson, County Surveyor", as "James Riddick 29.55 acres", said plat being recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 9, at page 40, to which reference is hereby made. Said property being more particularly described as follows: BEGINNING at a stake at the intersection of property of Virginia Riddick ('tract 4) the property hereby conveyed and the Old Turnpike Road and running along the property of Virginia Riddick N 54" E 541.2 feet to a stake; thence turning and still running along the property line of Vir- ginia Riddick S 65" 15' E 116 feet to a stake; thence turning and running along the property of Leary Britt {marked on said plat Larry Britt) N 54" E 39 feet to a beech, N 54" E 1015.1 feet to a maple; thence turning and running along property of Capps N 22" 45' W 662 feet to an oak, N 27" 30' W 215.8 feet to a post, N 232" W 227.6 feet to a stake; thence turning and running along the line dividing the property hereby conveyed from the property of Georgia Wilson S 35" 45' W 2158 feet to a stake in North Edge of Old Turnpike Road, thence turning and running along Old Turnpike Road S 65~ 15' E 351 feet back to the point of beginning. Said tract of land containing 24.55 acres, more or less, as shown on said plat. Excepting therefrom however the following described property: PARCEL 1 Property conveyed by James Riddick to Delia Morris by deed dated May 1, 1942, and recorded in Deed Book 224A, at page 271, in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, reference to which deed is hereby expressly made for a description of the property therein conveyed. .. PARCEL 2 Property being retained by the said Dockery Lambert, Jr. and Mildred W. Lambert, husband and wife, and described as follows: BEGINNING at the intersection of West Neck Road and Indian River Road at a point determined by the intersection of the western right-of-way of West Neck Road and the northern right-of-way of Indian River Road; thence N 77~ 08' W, 5863.4 feet along the northern right-of-way line of Indian River Road to the point of beginning; thence S 87" 31' W, 67.7 feet with the right-of-way of said road to a point; thence N 65" 14' W, 526.9 feet to a point; thence leaving the northern right-of-way of Indian River Road N 36" 22' E, 486.8 to a point; thence S 65~ 14' E, 508.5 feet to a point; thence S 54° 01' W, 265.0 feet to a point; thence S 06° 59' E 242.0 feet to a point; thence S 87" 31' W, 19.3 feet to the point of beginning. This property contains 5.4 acres ± and is known as the remainder of the Josie Britt Farm, a portion of which is shown on "Plat of Property of Dockery Lambert", recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 87, at page 46. This description does not represent an actual property survey, but a compilation of information from various sources available. said plat being recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 9, at page 40, to which reference is hereby made. Said property being more particularly described as follows: BEGINNING at a stake at-the intersection of property of Virginia Riddick (tract 4) the property hereby conveyed and the Old Turnpike Road and running along the property of Virginia Riddick N 54° E 541.2 feet to a stake; thence turning and still running along the property line of Vir- ginia Riddick S 65° 15' E 116 feet to a stake; thence turning and running along the property of Leary Britt (marked on said plat Larry Britt) N 54° E 39 feet to a beech, N 54° E 1015.1 feet to a maple; thence turning and running along property of Capps N 22° 45' W 662 feet to an oak, N 27° 30' W 215.8 feet to a post, N 232° W 227.6 feet to a stake; thence turning and running along the line dividing the property hereby conveyed from the property of Georgia Wilson S 35° 45' W 2158 feet to a stake in North Edge of Old Turnpike Road, thence turning and running along Old Turnpike Road S 65° 15' E 351 feet back to the point of beginning. Said tract of land containing 24.55 acres, more or less, as shown on said plat. Excepting therefrom however, the property conveyed by James Riddick to Delia Morris by deed dated May 1, 1942, and recorded in Deed Book 224A, at page 271, in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, reference to which deed is hereby expressly made for a description of the property therein conveyed. 4 City of Virginia Bcach REBA S. MC CLANAN 3224 BURNT MILL ROAD COUNCILWOMAN VIRGINIA BEACH, VIRGINIA 23452 PRINCESS ANNE BOROUGH PHONE (804) 340-8835 April 8, 1991 Mrs. Ruth Hodges Smith, CMC/AAE City Clerk's Office Municipal Center Virginia Beach, VA 23456 Re: Disclosure Pursuant to Section 2.1-639.14(G), Code of Virginia Dear Mrs. Smith: Pursuant to the Virginia Conflict of Interests Act, Section 2.1-639.14(G), Code of Virginia, I make the following declaration: The transaction for which I am executing this written disclosure involves the rezoning applications of Indian River Plantation, Inc. for certain parcels of property located on Indian River Road and West Neck Road. o The nature of my personal interest in that I own four to six: acres of property on West Neck Road which is adjacent to the property of Indian River Plantation, Inc. My property is valued in excess of $10,000. The City Attorney has advised that I have a personal interest in the transaction before Council as it is reasonably foreseeable that my property will be affected by the rezoning of the Indian River Plantation, Inc. parcels. Mrs. Ruth Hodges Smith -2- April 8, 1991 o The City Attorney has advised me that in his opinion I am a member of a group, i.e., surrounding similarly situated property owners, the members of which are all affected by the transaction. I wish to disclose this interest and declare that I am able to participate in the transaction fairly, objectively, and in the public interest as a member of a group, the members of which are affected by the transaction. Accordingly, I respectfully request that you record this declaration in the official records of the City Council. I have enclosed an opinion letter from Leslie L. Lilley, City Attorney, which addresses this same matter. Thank you for your assistance and cooperation in this matter. Sincerely, Reba S. McClanan Councilmember RSM/awj Enclosure City of Virginia t3cach LESLIE L. LILLEY MUNICIPAL CENTER CITY ATTORNEY VIRGINIA BEACH, VA 23456 9004 (804) 427-4531 FAX (804} 426-5687 April 8, 1991 Councilmember Reba S. McClanan Municipal Center Virginia Beach, VA 23456 Re: Request for Conflict of Interests Act Opinion Dear Councilmember McClanan: I am writing in response to your request for an opinion as to whether you may participate in the transaction of the Virginia Beach City Council regarding the applications for rezoning by Indian River Plantation, Inc., for certain parcels of property on Indian River Road and West Neck Road. Summary/Conclusion: From my review of the Conflict of Interests Act and the information provided by you as referenced below, I am of the opinion that you have a personal interest in the transaction of the Virginia Beach City Council concerning the rezoning applications of Indian River Plantation, Inc., as a result of your ownership of property on West Neck Road adjacent to the property of Indian River Plantation, Inc. However, as a member of a group of persons affected by the transaction, you may participate in the transaction upon disclosure of your interest pursuant to Virginia Code § 2.1-639.14(G). In this regard, I attach a written declaration pursuant to § 2.1-639.14(G) to be filed with the City Clerk. I base the aforesaid conclusions on the following facts which you have presented. Please review and verify the accuracy of the facts as set forth as you may only rely upon this opinion if they are correct and complete. Councilmember Reba S. McClanan -2- April 8, 1991 Facts Presented: Your request for an advisory opinion is generated by the applications for rezoning of Indian River Plantation, Inc., for certain parcels of property on Indian River Road and West Neck Road. The land involved is currently zoned AG-1 or AG-2 Agricultural and the rezoning and conditional use permit applications are for construction of a golf course and residential land use. You have advised that your concern, and reason for requesting this opinion, is that you and your husband own two parcels of property totalling four acres, which are zoned for agricultural use located on West Neck Road. Both your property and that of Indian River Plantation, Inc., are in Transition Area II listed in the Comprehensive Plan, which means that they are appropriate for development if certain enumerated conditions are met. There are approximately 125 properties located within Transition Area II. Twenty-three properties are in the immediate vicinity, seven of which abut the subject property and sixteen of which are separated from the subject property by either West Neck or Indian River Roads. Issue: Are you precluded from participating in the transaction of the Virginia Beach City Council concerning the applications for rezoning of Indian River Plantation, Inc., for property located on Indian River Road and West Neck Road because of your ownership of adjacent property? Discussion: I. Applicable Definitions: A. City Council is a "governmental agency", as it is a legislative branch of local government as defined in § 2.1-639.2 of the Virginia State and Local Government Conflict of Interests Act. B. You are an officer within the meaning of § 2.1-639.2 of the above- referenced Act. C. The applications for rezoning to be voted on by City Council are "transactions" as defined by the Act. The Act defines a transaction as "any matters Councilmember Reba S. McClanan -3- April 8, 1991 considered by any ... governmental agency on which official action is taken or contemplated." D. "Personal interest" is defined as a financial benefit or liability which accrues to an officer, employee, or to an immediate family member. The interest exists by reason of one of five categories specified therein as: 1) ownership in a business if the ownership interest exceeds 3% of the total equity of the business 2) annual income from ownership in real or personal property or a business in excess of $10,000.00 3) salary from the use of property or paid by a business that exceeds $10,000.00 annually 4) ownership of real or personal property when the interest exceeds $10,000.00 in value, exclusive of ownership in a business, or salary 5) personal liability incurred or assumed on behalf of a business which exceeds 3% of the asset value of the business. E. A "personal interest in the transaction" exists when an officer or employee or a member of his immediate family has a personal interest in property or a business or represents any individual or business and such property, business or represented individual (i) is the subject of the transaction or (ii) may realize a reasonably foreseeable direct or indirect benefit or detriment as the result of the agency considering the transaction. II. Application of Definitions: A. Personal Interest You have a personal interest in the land you own on West Neck Road by virtue of its value in excess of $10,000.00. B. Personal Interest in the Transaction In order to have a personal interest in the transaction, your property must be either the subject of the transaction or realize a reasonably foreseeable direct or indirect benefit or detriment as a result of the transaction.~ Clearly, your property is not the subject of the transaction. However, the question of "reasonable foreseeability" remains. The approval of the rezoning applications of Indian River Plantation, Inc. would amount to a major land use policy change by the City. Because the rezoning would be ~ In circumstances where the effect of a transaction is speculative, remote or contingent on factors beyond the officer's control, it is not reasonably foreseeable that the officer's personal interest will benefit or suffer as a result of the pending transaction. Additionally, the test of reasonable foreseeability is to be applied at the time of the transaction. West v. Jones, 228 Va. 409, 415 (1984); 1986-87 Report of the Attorney General 11. Councilmember Reba S. McClanan -4- April 8, 1991 so large in scope as to substantially change the land use in that area, an adjacent landowner who is similarly situated to the Indian River Plantation, Inc. property could reasonably expect to be treated similarly with respect to a rezoning application.2 Therefore, in my opinion it is reasonably foreseeable that the outcome of the application for rezoning of Indian River Plantation, Inc. may have an effect on your property and, thus, you have a personal interest in the transaction within the meaning of the Conflict of Interests Act. Unfortunately, "reasonably foreseeable" is not defined in the Conflict of Interests Act and, therefore, the question of "reasonable foreseeability" has been left to the judgment of the enforcing officer. III. Disclosure Requirements: Based on the fact that you are a member of a group which is affected by the transaction, i.e., all surrounding similarly situated property owners, you may participate in the rezoning applications of Indian River Plantation, Inc. when it comes before the Virginia Beach City Council upon disclosure of your personal interest.3 Such disclosure must include a declaration that you are able to participate in the transaction fairly, objectively, and in the public interest. A proposed disclosure letter which complies with § 2.1-639.14(G) is enclosed for your convenience. You may either make this declaration orally, which is to be recorded in the written minutes of the City Council, or you may file a signed written declaration with the Clerk of City Council, who shall retain and make this document available for public inspection for a period of five years from the date of recording or receipt. 2 Board of Supervisors of James City County v. Rowe, 216 Va. 128 (1975). Held: If a land use is permitted to landowner it cannot be restricted to another landowner who is similarly situated, unless there are public health safety or welfare considerations. Such a restriction could constitute both a denial of equal protection and due process. See also: City of Manassas v. Rosson, 224 Va. 12 (1982). 3 This conclusion is consistent with an opinion of the Attorney General to Councilperson Nancy K. Parker, dated September 20, 1990, in which it was concluded that she was not disqualified from the Council's consideration of a rezoning application because of her ownership of a parcel adjacent to the subject parcel. The facts revealed that there were 12-16 other parcels whose locations in relation to the subject parcel were comparable to Mrs. Parker's property. The Attorney General determined that Mrs. Parker was a member of a group of owners of properties in the vicinity of the subject parcel who would be similarly affected by the Council's vote on the rezoning and, therefore, she was permitted to participate and vote upon compliance with the disclosure and declaration requirements of § 2.1-639.14(G). Councilmember Reba S. McClanan -5- April 8, 1991 The Conflict of Interests Act deals with the types of influences upon a public officer's judgment which are clearly improper. The law does not, however, protect against all appearance of improper influence. In that respect, the Act places the burden on the individual officer to evaluate whether the facts presented create an appearance of impropriety which is unacceptable or which would affect the confidence of the public in the officer's ability to be impartial. I have opined that you may participate in the transaction after disclosure. However, if you are concerned that participating in the transaction, even after disclosure, could create an unacceptable appearance, you may abstain from voting under § 2.1-639.14(E) provided that you first disclose your interest in the transaction. As a final note to any conflict of interests opinion, Section 2.1-639.18(c) provides that a written opinion of the City Attorney made after a full disclosure of the facts, is advisory and admissable as evidence that the local officer did not knowingly violate the Act, while a favorable opinion of the Commonwealth's Attorney as the enforcing officer of the COIA, provides immunity t¥om any alleged violation. If you choose to seek an opinion of the Commonwealth's Attorney, I will be pleased to assist you in that regard. Please contact me should you desire any additional information. Very truly yours, LLL/EEF/awj Enclosure Seen and approved: Comm~6nwealth's '~ey City of Virginia Bcach ROBERT E. FENTRESS 3810 ATLANTIC AVENUE VICE-MAYOR VIRGINIA BEACH, VIRGINIA 23451 PHONE (804) 422-6084 March 12, 1991 Mrs. Ruth Hodges Smith, CMC/AAE City Clerk's Office Municipal Center Virginia Beach, VA 23456 Re: Disclosure Pursuant to Section 2.1-639.14(G), Code of Virginia Dear Mrs. Smith: Pursuant to the Virginia Conflict of Interests Act, Section 2.1-639.14(G), Code of Virginia, I make the following declaration: The transaction for which I am executing this written disclosure is the Council consideration of the rezoning application of Indian River Plantation, Inc. The nature of my personal interest is that I receive retirement benefits in excess of $10,000.00 annually from Commerce Bank. Mr. Thomas Broyles is an officer of Indian River Plantation, Inc., and is also the Chairman of the Board of Directors of Commerce Bank. Although the City Attorney has advised me that I am not required to disclose this interest as it does not meet the criteria of a personal interest in the transaction under the Conflict of Interests Act, I wish to disclose this interest and declare that I am able to participate in the transaction fairly, objectively, and in the public interest. Mrs. Ruth Hodges Smith -2- March 12, 1991 Accordingly, I respectfully request that you record this declaration in the official records of the City Council. I have enclosed an opinion letter from Leslie L. Lilley, City Attorney, which addresses this same matter. Thank you for your assistance and cooperation in this matter. Sincerely, Robert E. Fentress Councilman REF/awj Enclosure City of Virgini a Bcach LESLIE L LILLEY MUNICIPAL CENTER CITY ATTORNEY VIRGINIA BEACH, VA 23456-9004 (804) 427-4531 FAX (804) 426-5687 March 12, 1991 Councilman Robert E. Fentress Municipal Center Virginia Beach, VA 23456 Re: Conflict of Interests Act Opinion Dear Councilman Fentress: I am writing in response to your request for an opinion as to whether you may participate in discussions and vote on the Indian River Plantation, Inc., rezoning application. s~,..ary/Conc lusion: From my review of the Conflict of Interests Act and the information provided by you, I am of the opinion that you do not have a personal interest in the transaction of Council concerning its consideration of the rezoning application of Indian River Plantation, Inc. Thus, you may vote on this matter without restriction. For your information, I have outlined the disclosure requirements of Section 2.1-639.14(G) should you desire to disclose your relationship and vote; I have also set forth the applicable provisions for .abstention set forth in Section 2.1-639.14(E), should you choose not to vote. I base the aforesaid conclusions on the following facts which you have presented. Please review and verify the accuracy of the facts as set forth as you may only rely upon this opinion if they are correct and complete. Councilman Robert Fentress -2- March 12, 1991 Facts Presented: Your request f~r an advisory opinion is generated by the application for rezoning of Indian River Plantation, Inc., which is anticipated to come before the Council at a future date. You have advised that your concern, and reason for requesting this opinion, is that you retired from your position as an officer of Commerce Bank on March 1, 1991, and further, resigned from membership on the Board of Directors of Commerce Bank on that date. You presently receive retirement remuneration in excess of $10,000.00 annually. Thomas Broyles, who is an officer of Indian River Plantation, Inc., the applicant corporation, is also the Chairman of the Board of Directors of Commerce Bank. Additionally, you advise that the rezoning application of Indian River Plantation, Inc., is not in any way related to bank business, and that you have no financial dealings with Thomas Broyles on a personal level. Issue: Are you precluded from participating in the discussion and voting on the above-referenced rezoning application? Discussion: I. Applicable Definitions of Section 2.1-639.1. A. City Council is a governmental agency, as it is a legislative branch of local government as defined in § 2.1-639.2 of the Virginia State and Local Government Conflict of Interests Act. B. You are an officer within the meaning of ~ 2.1-639.2 of the above-referenced Act. C. Council consideration of the application for rezoning is a "transaction" as defined by the Act. A transaction includes any matters considered by any governmental agency on which official action is taken or contemplated. D. "Personal interest" is defined in ~ 2.1-639.2 as a financial benefit or liability which accrues to an officer, employee, or to an immediate family member. The interest exists Councilman Robert Fentress -3- March 12, 1991 by reason of one of five categories specified therein as: 1) ownership in a business if the ownership interest exceeds 3% of the total equity of the business; (2) annual income from ownership in real or personal property or a business in excess of $10,000.00; 3) salary from the use of property or paid by a business that exceeds $10,000.00 annually; 4) ownership of real or personal property when the interest exceeds $10,000.00 in value, exclusive of ownership in a business, or salary; and 5) personal liability incurred or assumed on behalf of a business which exceeds 3% of the asset value of the business. E. A "personal interest in the transaction" exists when an officer or employee or a member of his immediate family has a personal interest in property or a business or represents any individual or business and such property, business or represented individual (i) is the subject of the transaction or (ii) may realize a reasonably foreseeable direct or indirect benefit or detriment as the result of the agency considering the transaction. II. Application of Definitions A. Personal Interest You have a personal interest with respect to the bank by virtue of your retirement benefits from the bank which exceed $10,000.00.1 You have indicated that you do not have any financial dealings with Thomas Broyles on a personal level, nor do you have any financial interest in the rezoning application itself. Therefore, you do not have a personal interest with respect to Mr. Broyles or the rezoning application. B. Personal Interest in the Transaction Based on the facts presented, you have a "personal interest" in Commerce Bank based upon retirement benefits received in excess of $10,000.00 annually. However, Commerce Bank is not the subject of the transaction, nor will it realize a reasonably foreseeable 1 This conclusion is consistent with opinions of the Attorney General. Please see Opinion to the Honorable Thomas J. Michie, Jr., dated September 2, 1980, in which it was recognized that the value of retirement benefits may constitute a material financial interest under the Virginia Conflict of Interests Act; and Opinion to Mr. E. B. Boynton, Chairman, Air Pollution Control Board, dated January 8, 1970, which also recognized that retirement benefits can give rise to a disqualifying interest under the Conflict of Tnterests Act. Councilman Robert Fentress -4- March 12, 1991 direct or indirect benefit or detriment based on the subject rezoning application. Additionally, you do not represent nor do you have a financial relationship with Thomas Broyles. Therefore, it is my opinion that you do not have a personal interest in the transaction within the meaning of the Conflict of Interests Act. III. Prohibitions and Disclosure Requirements Based on the fact that you have no personal interest in the rezoning application of Indian River Plantation, Inc., you are not restricted in voting as to that item. If you are concerned that your participation as to this matter may create some appearance of impropriety because of your position, there are two options available to you which may diffuse any perception problems that may arise: You may either disclose the facts as presented herein and proceed to vote as to this transaction; or 2. You may abstain from voting and disclose any interest. Should you decide to declare your interest and vote, a proposed disclosure letter which complies with ~ 2.1-639.14(G) is enclosed for your convenience. You may either make this declaration orally, which is to be recorded in the written minutes of the City Council, or you may file a signed written declaration with the Clerk of the City Council, who shall retain and make this document available for public inspection for a period of five years from the date of recording or receipt. If you should desire to abstain from voting, ~ 2.1-639.14(E) provides that in such instances, the officer shall forthwith make disclosure of the existence of his interest and his disclosure shall be reflected in the public records for five years. As a final note to any conflict of interests opinion, Section 2.1-639.18(C) provides that a written opinion of the City Attorney made after a full disclosure of the facts, is advisory and admissable as evidence that the local officer did not knowingly violate the Act, while a favorable opinion of the Commonwealth's Attorney as the enforcing officer of the COIA, provides immunity from any alleged violation. If you choose to seek an opinion of the Commonwealth's Attorney, I will be pleased to assist you in that regard. Councilman Robert Fentress -5- March 12, 1991 Please contact information. LLL/EEF/awj Enclosure Common~alt~orney me should you desire any Very truly yours, additional Item IV-I.k. PUBLIC HEARING PLANNING - 43 - ITEM # 34318 Attorney William Bishoff, 1608 Ray Way Phone: 490-6000 The following registered in OPPOSITION to the DEFERRAL: Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925 Charles Traub, III, 784 Glasgow Court, Phone: 340-9056 Robert Dean, 1204 Shawn Drive, Phone: 427-6606 Upon motion by Councilwoman McClanan, seconded by Councilman Brazier, City Council DEFERRED until the City Council Session of May 28, 1991, Ordinances upon applicafion of LA~(E RIDGE ASSOCIATES for Conditional Zoning Classifications: ORDINANCE UPON APPLICATION OF LAKE RIDGE ASSOCIATES FOR A CONDITIONAL ZONING CLASSIFICATION FROM AG-1 TO A-12 Ordinance upon application of Lake Ridge Associates for a Conditional Zoning Classification from AG-1 Agricultural District to A-12 Apartment District on the following parcels: Parcel 1: Located 4000 feet more or less southwest of the intersection of Princess Anne Road and Landstown Road. Parcel 2: Located 6400 feet more or less southwest of the intersection of Princess Anne Road and Landstown Road. The proposed zoning classification change is for multi-family housing land use at a density no greater than 12 dwelling units per acre. The Comprehensive Plan recommends use of this parcel for prime agricultural land at a density no greater than one dwelling unit per acre. The parcels contain 103.5 acres. PRINCESS ANNE BOROUGH. A N D, ORDINANCE UPON APPLICATION OF LAKE RIDGE ASSOCIATES FOR A CONDITIONAL ZONING CLASSIFICATION FROM AG-1 TO A-18 Ordinance upon application of Lake Ridge Associates for a Conditional Zoning Classification from AG-1 Agricultural District fo A-18 Apartment District on certain property located 5050 feet more or less southwest of the intersection of Princess Anne Road and Landstown Road. The proposed zoning classification change ls for multi-family housing land use at a density no greater than 18 dwelling units per acre. The Comprehensive Plan recommends use of this parcel for prime agricultural land at a density no greater than one dwelling unit per acre. The parcel contains 23.6 acres. PRINCESS ANNE BOROUGH. April 9, 1991 Item IV-l.k. PUBL I C HEAR I NG PLANN I NS - 44 - ITEM # 34318 (Continued) ORDINANCE UPON APPLICATION OF LAKE RIDGE ASSOCIATES FOR A CONDITIONAL ZONING CLASSIFICATION FROM AG-1 TO B-2 Ordinance upon application of Lake Ridge Associates for a Conditional Zoning Classification from AG-1 Agricultural District to B-2 Community Business District on the following parcels: Parcel 1: Located 1200 feet more or less southwest of Princess Anne Road, 4600 feet more or less southeast of Landstown Road. Parcel 2: Located 2200 feet more or less southwest of Princess Anne Road, 3900 feet more or less northwest of North Landing Road. Parcel 3: Located 900 feet more or less west of Landstown Road, 2800 feet more or less northwest of Princess Anne Road. The proposed zoning classification change is for commercial land use. The Comprehensive Plan recommends use of this parcel for prime agricultural land at a density no greater than one dwelling unit per acre. The parcels contain 187.1 acres. PRINCESS ANNE BOROUGH. AND, ORDINANCE UPON APPLICATION OF LAKE RIDGE ASSOCIATES FOR A CONDITIONAL ZONING CLASSIFICATION FROM AG-1 TO H-1 Ordinance upon application of Lake Ridge Associates for a Conditional Zoning Classification from AG-1 Agricultural District to H-1 Hotel District on certain property located 3400 feet more or less west of Princess Anne Road beginning at a point 4800 feet more or less southwest of the intersection of Princess Anne Road and Landstown Road. The proposed zoning classification change is for hotel land use at a density no greater than 80 lodging units per acre. The Comprehensive Plan recommends use of this parcel for prime agricultural land at a density no greater than one dwelling unit per acre. The parcel contains 15 acres. PRINCESS ANNE BOROUGH. April 9, 1991 Item IV-I.k. PUBLIC HEARING PLANNING - 45 - ITEM # 34318 (Continued) ORDINANCES UPON APPLICATION OF LAKE RIDGE ASSOCIATES FOR A CONDITIONAL ZONING CLASSIFICATION FROM AG-1 TO 0-2 Ordinance upon application of Lake Ridge Associates for a Conditional Zoning Classification from AG-1 Agricultural District to 0-2 Office District on the following parcels: Parcel 1: Located 1200 feet west of Princess Anne Road beginning at a point 1400 feet more or less southwest of the intersection of Princess Anne Road and Landstown Road. Parcel 2: Located 1200 feet east of Landstown Road beginning at a point 3050 feet more or less south of the intersection of Landstown Road and Princess Anne Road. Parcel 3: Located 1200 feet west of Landstown Road beginning at a point 1800 feet more or less southwest of the intersection of Landstown Road and Princess Anne Road. Parcel 4: Located 1200 feet west of Landstown Road beginning at a point 3250 feet more or less southwest of the intersection of Landstown Road and Princess Anne Road. Parcel 5: Located 1200 feet west of Landstown Road beginning at a point 4850 feet more or less southwest of the intersection of Landstown Road and Princess Anne Road. The proposed zoning classification change is for office land use. The Comprehensive Plan recommends use of this parcel for prime agricultural land at a density no greater than one dwelling unit per acre. The parcels contain 200 acres. PRINCESS ANNE BOROUGH. A N D, ORDINANCE UPON APPLICATION OF LAKE RIDGE ASSOCIATES FOR A CONDITIONAL ZONING CLASSIFICATION FROM AG-1 TO 0-2 Ordinance upon application of Lake Ridge Associates for a Conditional Zoning Classification from AG-1 Agricultural District to 0-2 Office District located 1200 feet more or less southwest of Princess Anne Road, 9100 feet more or less southeast of Landstown Road. The proposed zoning classification change is for office land use. The Comprehensive Plan recommends use of this parcel for prime agricultural land at a density no greater than one dwelling unit per acre. The parcel contains 155.6 acres. PRINCESS ANNE BOROUGH. April 9, 1991 Item IV-I.k. PUBLIC HEARING PLANNING - 46 - ITEM # 34318 (Continued) ORDINANCE UPON APPLICATION OF LAKE RIDGE ASSOCIATES FOR A CONDITIONAL ZONING CLASSIFICATION FROM AG-1 TO 0-2 Ordinance upon application of Lake Ridge Associates for a Conditional Zoning Classification from AG-1 Agricultural District to 0-2 Office District on the following parcels: Parcel 1: Located 7320 feet more or less northeast of the intersection of Landstown Road and Salem Road. Parcel 2: Located 1800 feet more or less southwest of the intersection of Landstown Road and Princess Anne Road. The proposed zoning classification change is for office land use. The Comprehensive Plan recommends use of this parcel for prime agricultural land at a density no greater than one dwelling unit per acre. The parcels contain 180.1 acres. PRINCESS ANNE BOROUGH. AND, ORDINANCE UPON APPLICATION OF LAKE RIDGE ASSOCIATES FOR CONDITIONAL ZONING CLASSIFICATION FROM AG-1 TO P-1 Ordinance upon application of Lake Ridge Associates for a Conditional Zoning Classification from AG-1 Agricultural District to P-1 Preservation District on certain property located 1200 feet west of Landstown Road beginning at a point 3000 feet more or less southwest of the intersection of Princess Anne Road and Landstown Road. The proposed zoning classification change is for preservation of open areas. The Comprehensive Plan recommends use of this parcel for prime agricultural land at a density no greater than one dwelling unit per acre. The parcel contains 117 acres. PRINCESS ANNE BOROUGH. A N D, ORDINANCE UPON APPLICATION OF LAKE RIDGE ASSOCIATES FOR A CONDITIONAL ZONING CLASSIFICATION FROM AG-2 TO B-2 Ordinance upon application of Lake Ridge Associates for a Conditional Zoning Classification from AG-2 Agricultural District to B-2 Community Business District on the southwest side of Princess Anne Road, 4460 feet more or less southeast of the intersection with Landstown Road. The proposed zoning classification change is for commerical land use. The Comprehensive Plan recommends use of this parcel for prime agricultural land at a density no greater than one dwelling unit per acre. The parcel contains 18.5 acres. PRINCESS ANNE BOROUGH. April 9, 1991 - 47 - Item IV-l.k. PUBLIC HEARING ITEM # 34318 (Continued) PLANNING ORDINANCE UPON APPLICATION OF LAKE RIDGE ASSOCIATES FOR A CONDITIONAL ZONING CLASSIFICATION FROM AG-2 TO 0-2 Ordinance upon application of Lake Ridge Associates for a Conditional Zoning Classification from AG-2 Agricultural District to 0-2 Office District on certain property located 1200 feet more or less southwest of the intersection of Landstown Road and Princess Anne Road. The proposed zoning classification change is for office land use. The Comprehensive Plan recommends use of this parcel for prime agricultural land at a density no greater than one dwelling unit per acre. The parcel contains 3.3 acres. PRINCESS ANNE BOROUGH. ORDINANCE UPON APPLICATION OF LAKE RIDGE ASSOCIATES FOR A CONDITIONAL ZONING CLASSIFICATION FROM AG-2 TO 0-2 Ordinance upon application of Lake Ridge Associates for a Conditional Zoning Classification from AG-2 Agricultural District to 0-2 Office District on certain property located on the east and west sides of Landstown Road, south of the intersection with Princess Anne Road. The proposed zoning classification change is for office land use. The Comprehensive Plan recommends use of this parcel for prime agricultural land at a density no greater than one dwelling unit per acre. The parcels contain 143.2 acres. PRINCESS ANNE BOROUGH. AND, ORDINANCE UPON APPLICATION OF LAKE RIDGE ASSOCIATES FOR A CONDITIONAL ZONING CLASSIFICATION FROM AG-2 TO 0-2 Ordinance upon application of Lake Ridge Associates for a Conditional Zoning Classification from AG-2 Agricultural District to 0-2 Office District on the southwest side of Princess Anne Road, 9100 feet more or less southeast of Landstown Road. The proposed zoning classification change is for office land use. The Comprehensive Plan recommends use of this parcel for prime agricultural land at a density no greater than one dwelling unit per acre. The parcel contains 17 acres. PRINCESS ANNE BOROUGH. AND, April 9, 1991 - 48- Item IV-I.k. PUBLIC HEARING ITEM # 34318 (Continued) PLANNING ORDINANCE UPON APPLICATION OF LAKE RIDGE ASSOCIATES FOR A CONDITIONAL ZONING CLASSIFICATION FROM AG-2 TO P-1 Ordinance'upon application of Lake Ridge Associates for a Conditional Zoning Classification from AG-2 Agricultural District to P-1 Preservation District on certain property located on the east and west sides of Landstown Road, 7200 feet more or less east of Salem Road. The proposed zoning classification change is for preservation of open areas. The Comprehensive Plan recommends use of this parcel for prime agricultural land at a density no greater than one dwelling unit per acre. The parcels contain 20.1 acres. PRINCESS ANNE BOROUGH. ORDINANCE UPON APPLICATION OF LAKE RIDGE ASSOCIATES FOR A CONDITIONAL ZONING CLASSIFICATION FROM R-5D TO 0-2 Ordinance upon application of Lake Ridge Associates for a Conditional Zoning Classification from R-5D Residential Duplex District to 0-2 Office District on certain property located 1250 feet more or less southwest of the intersection of Princess Anne Road and Landstown Road. The proposed zoning classification change is for office land use. The Comprehensive Plan recommends use of this parcel for prime agricultural lands at a density no greater than one dwelling unit per acre. The parcel contains 8.5 acres. PRINCESS ANNE BOROUGH. Voting: 8-1 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Paul J. Lanteigne, Reba S. McClanan and William D. Sessoms, Jr. Council Members Voting Nay: Nancy K. Parker Council Members Abstaining: Louis R. Jones Council Members Absent: Mayor Meyera E. Oberndorf ~Councilman Jones DISCLOSED, pursuant to Section 2.1-639.14(E) of the Code of Virginia, ownership of land with a value in excess of $10,000, on the southeast corner of Princess Anne Road and Landstown Road, south of the GREEN LINE. Although the City Attorney had advised he is not required to disclose this interest as it does not meet the criteria of a personal interest in the transaction under the Conflict of Interests Act, Councilman Jones wished to disclose this interest and ABSTAIN on the Ordinances of Lake Ridge Associates. Councilman Jones' letter of December 18, 1990, is hereby made a part of the record. April 9, 1991 - 49 - Item IV-I.1. PUBLIC HEARING ITEM # 34319 PLANNING Upon motion by Councilman Clyburn, seconded by Councilman Heischober, City Council DEFERRED until the City Council Session of April 23, 1991, Ordinances upon application of the CITY OF VIRGINIA BEACH for Conditional Zoning Clasifications: ORDINANCE UPON APPLICATION OF THE CITY OF VIRGINIA BEACH FOR A CONDITIONAL ZONING CLASSIFICATION FROM R-10 TO B-3 Ordinance upon application of the City of Virginia Beach for a Conditional Zoning Classification from R-10 Residential District to B-3 Central Business District on certain property located 250 feet more or less southwest of Independence Boulevard beginning at a point 950 feet more or less southeast of Baxter Road. The proposed zoning classification change is for Central Business District commercial land use. The Comprehensive Plan recommends use of this parcel for single family residential land use. Said parcel contains 3.79 acres. KEMPSVILLE BOROUGH. A N D, ORDINANCE UPON APPLICATION OF THE CITY OF VIRGINIA BEACH FOR CONDITIONAL ZONING CLASSIFICATION FROM I-2 TO B-3 Ordinance upon application of The City of Virginia Beach for a Conditional Zoning Classification from I-2 Heavy Industrial District to B-3 Central Business District on certain property located on the southwest side of Independence Boulevard beginning at a point 600 feet more or less southeast of Baxter Road. The proposed zoning classification change is for Central Business District commercial land use. The Comprehensive Plan recommends use of this parcel for industrial land use. Said parcel contains 8.16 acres. KEMPSVILLE BOROUGH. AND, ORDINANCE UPON APPLICATION OF THE CITY OF VIRGINIA BEACH FOR A CONDITIONAL ZONING CLASSIFICATION FROM B-2~B-3 Ordinance upon application of The City of Virginia Beach for a Conditional Zoning Classification from B-2 Community Business District to B-3 Central Business District on the following parcels: Parcel 1: Located at the southeast intersection of Independence Boulevard and Baxter Road. Parcel 2: Located on the southwest side of Independence Boulevard beginning at a point 860 feet more or less southeast of Baxter Road. The proposed zoning classification change is for Central Business District commercial land use. The Comprehensive Plan recommends use of this parcel for commercial and multi-family land use. Said parcels contain 13.43 acres. KEMPSVILLE BOROUGH. April 9, 1991 - 50- Item IV-I. 1. PUBLIC HEARING ITEM # 34319 (Continued) PLANNING Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf April 9, 1991 - 51 - Item VI-J.1 APPOINTMENTS ADD-ON ITEM # 34320 BY CONSENSUS, City Council APPOINTED: VIRGINIA MUNICIPAL LEAGUE POLICY COMMITTEES FOR 1991 COMMUNITY AND ECONOMIC DEVELOPMENT EDUCATION EFFECTIVE GOVERNMENT ENVIRONMENTAL QUALITY HUMAN DEVELOPMENT PUBLIC SAFETY TRANSPORTATION Vlce Mayor Robert E. Fentress Councilwoman Nancy K. Parker Councilman Paul J. Lantelgne Mayor Neyera E. Oberndorf Councilman Robert W. Clyburn Councilman James W. Brazier Councilman Harold Helschober April 9, 1991 - 52 - Item IV-L.1 ADJOURNMENT ITEM # 34321 Upon motion by Councilman Baum, and BY CONSENSUS, City Council ADJOURNED the Meeting at 7:00 P.M. BeveFl'y O. Hooks Chief Deputy City Clerk ~u h Hodges Smi~h,-C-I~l~ City Clerk Mey~ra~. Oberndorf ~ Mayor v City of Virginia Beach Virginia April 9, 1991 CITY OF VIRGINIA BEACH SUMHARY OF COUNCIL ACTIONS DATE: April 9, 1991 PAGE: One AGENDA ITEM # II/A F/1 G H/1 H/1/a H/1/b H/2 H/3 H/4 H/5 H/6 H/7 SUBJECT BRIEFING: COX CABLE FRANCISE DRAFT ORDINANCE WORKSHOP: FY 1991-1992 OPERATING BUDGET INFORMAL/FORMAL SESSIONS MINUTES: April 2, 1991 CELEBRATION: HOMECOMING OF THE DESERT STORM TROOPS Resolution reqstng VDOT to accept streets for urban maintenance beginning July 1, 1991: Correction of 3.16 lane miles not eligible for urban maint Additional 71.73 lane miles eligible for urban maint Resolution to authrz Citibank to make payment of $5,000 principal plus interest to date of maturity to owner Brian J. Davis, 10318 Grenadier Way, San Antonio, TX, re G 0 Public Improvement Bond, Series of 1984. Bond number R-5415 having been misplaced by the owner Resolution referring to Planning Commission proposed Amendments to Sec 1501/1503/1506/1507 of CZO re RT-1 Resort Tourist DIstr Ordnc authrzng acquisition in fee simple, purchase or condemnation, all real property/permnt easemts/ tempry constrctn easements as needed for sewer/water projects: Old Dam Neck/Upton; Landstown Municipal Property; Deerwood Trace Force Main; Busky Lane; Princess Anne Hills; Laurel Manor/Dogwood Acres; Tanglewood; Reon Dr; Wltchduck Rd; Woodland; Birdneck Pump Sta; Nimmo Pump Sta Ordnc to ACCEPT/APPROPRIATE $1,746 re Va Housng/Commty Dvlpmt Emergncy Home Repair Program Ordnc to APPROPRIATE $1,200 to Library Dept re purchase of a Diagnostic Software Package Ordnc to TRANSFER $430,000 to Newsome Farm Area St Imprvmnts to allow completion of project MOTION TO E. Dean Block, AsstCtyMgr for Analysis/Eval E. Dean Block, AsstCtyMgr for Analysis/Eval APPROVED Thomas A. Barton, Co-Chair FIo McDaniel, Co-Chair ADOPTED ADOPTED ADOPTED ADOPTED ADOPTED UPON SECOND READING APPROVED UPON FIRST READING ADOPTED PASSED 10-0 10-0 10-0 10-0 10-0 10-0 10-0 10-0 CITY OF VIRGINIA BEACH SUI~ARY OF COUNCIL ACTIONS DATE: April 9, 1991 PAGE: Two AGENDA ITEM # H/9 I/1/a Illlb Illlc I/l/c I/1/d I/lie I/1/f I/l/g I/1/h I/lIT SUBJECT TAX REFUNDS: $37,055.71 LICENSE REFUNDS: $3,231.16 Closure of portion of Hutton Ln at Va Bch Blvd in petition of DAVID THROCKMORTON and FLORINE HORAY (LYNNHAVEN BOROUGH) Closure of portion of Old Va Bch Rd at 22nd St in petition of CITY OF VA BCH (LYNNHAVEN BOROUGH) Authrztn for nonconforming use at 1148 Winterville Ct, property of DOROTHY WHITE to replace the existing family home (LYNNHAVEN BOROUGH) Authrztn for nonconforming use at 3309 Ocean Shore Ave, property of WILLIAM R. BERGEY to enlarge existing single-family dwelling (LYNNHAVEN BOROUGH) MARVIN C. ETHERIDGE for Variance to Sec 4.4(b) of Subdvsn Ordnc: all lots created meet all reqrmts of CZO at Fltztown Rd/Princess Anne Rd (PUNGO BOROUGH) VIRGINIA POWER for Variance to Sec 4.4(d) of Subdvsn Ordnc: all ors created have direct access to public street on Jarvis Rd/ West Neck Rd (PUNGO BOROUGH) F. WAYNE McLESKEY, JR. CUP: Commercial marina expansion at Winston Salem Ave/Arctic Ave (VIRGINIA BEACH BOROUGH); AND, Boat slips (10 addtl/total of 16) ~Rudee Heights at 416 Southside 'Dr (LYNNHAVEN BOROUGH) LUKE B./LORI A. BALDWIN CUP: single-family dwelling in AG-l/ Blossom Hill Ct/Blossom Hill Estates (PUNGO BOROUGH) MICHAEL R./EILEEN A. WARE CUP: single-family dwelling in AG-l/ Blossom Hill Ct/ Blossom Hill Estates (PUNGO BOROUGH) JOHNNIE B./PAGE HARTLEY COZ (PRINCESS ANNE BOROUGH): From AG-1 to R-5D Seaboard Rd/ Bernadotte St; and From AG-2 to R-5D Seaboard Rd/Bernadotte St MOTION TO ADOPTED ADOPTED AUTHORIZED FINAL APPROVAL AUTHORIZED FINAL APPROVAL APPROVED/ CONDITIONED APPROVED/ CONDITIONED APPROVED APPROVED/ CONDITIONED APPROVED APPROVED APPROVED/ CONDITIONED APPROVED/ CONDITIONED REFERRED BACK TO P C, WITH NO 'COST TO APPLICANT, TO BE RECONSIDERED ALONG WITH OTHER PROPERTIES DOWNZONED AND TO DETERMINE HOW C TY MAY ADDRESS RETURN OF PROPERTY R GHTS I PASSED 10-0 10-0 10-0 10-0 10-0 10-0 10-0 10-0 10-0 10-0 8-2 8-2 9-1 I I AGENDA ITEM # L/1/f (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) ~1111 J ADD ON CITY OF VIRGINIA BEACH SUNM,~Y OF COUNCIL ACTIONS DATE: April 9, 1991 PAGE: Three SUBJECT INDIAN RIVER PLANTATION, INC. (PRINCESS ANNE BOROUGH): COZ AG-1 to R-lO, 56.1 acres; AG-1 to R-15, 82.1 acres; AG-1 to R-20, 101.9 acres; AG-2 to R-lO, 52.9 acres; AG-2 to R-15, 22.8 acres; AG-2 to R-20, 14.6 acres; AND, CUP: recreational facility (golf course) at Indian River Rd/West Neck Rd LAKE RIDGE ASSOCIATES Condtl Zoning ~ Princess Anne/North Landing/Salem/Landstown Roads (PRINCESS ANNE BOROUGH): AG-1 to A-t2, 103.5 acres; AG-1 to A-18, 23.6 acres; AG-1 to B-2, 187.1 acres; AG-1 to H-l, 15 acres; AG-1 to 0-2, 200 acres; AG-1 to 0-2, 155.6 acres; AG-1 to 0-2, 180.1 acres; AG-1 to P-l, 117 acres; AG-2 to B-2, 18.5 acres; AG-2 to 0-2, 3.3 acres; AG-2 to 0-2, 143.2 acres; AG-2 to 0-2, 17 acres; AG-2 to P-l, 20.1 acres; R-5D to 0-2, 8.5 acres CITY OF VIRGINIA BEACH Condtl Zoning (KEMPSVILLE BOROUGH): From R-lO to B-3 at Independence Blvd/Baxter Rd; From I-2 to B-3 at Independence 'Blvd/Baxter Rd; AND, From B-2 to B-3, Parcels 1 and 2 at Independence Blvd/Baxter Rd UNFINISHED BUSINESS CITY COUNCIL APPOINTMENTS TO VML POLICY COMMITTEES FOR 1991 MOTION TO APPROVED/ PROFFERED DEFERRED TO 5/28/91 TO 4/23/91 COMMTY/ECO DVLPM' Robert E. Fentress; EDUCATION I Nancy K. Parker; EFFECTIVE GVRNMT Paul J. Lanteigne; ENVRNMTL QUALTY Meyera E. Oberndorf; HUMAN DVLPMT I Robert W. Clyburn; PUBLIC SAFETY I James W. Brazier; TRANSPORTATION Harold Heischober PASSED 6-3 8-1 10-0 IR IL IN B iz lB IR o o A iI iu IE B N U /E IR /s E E M JR IN Is R S Y /N /Y /Y Y Y ~ McClanan abstai , Y Y Y Y Y * y · Jone., abst~ inec c lEI Is c IRIp IE L IN I^ IS ^ ID lR /s N /0 IK /0 ADJOURNMENT: 7:00 PM SCHEDULE FY 1991-1992 OPERATING BUDGET APRIL 16, 1991 10:00 AM CITY COUNCIL WORKSHOP - CITY/SCHOOL BUDGET City Council Chamber APRIL 23, 1991 CITY COUNCIL WORKSHOP City Council Chamber APRIL 24, 1991 7:00 PM PUBLIC HEARING Green Run High School Auditorlu~ APRIL 30, 1991 CITY COUNCIL'S FINAL WORKSHOP City Council Chamber MAY 7, 1991 2:00 PM PUBLIC HEARING and FIRST READING APPROPRIATION ORDINANCE City Council Chamber MAY 14, 1991 2:00 PM SECOND READING APPROPRIATION ORDINANCE City Council Chamber 4/4/91 cmd