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Home My WebLink AboutAPRIL 27, 1993 MINUTESCity of Virginia Beach "WORLD'S LARGEST RESORT CITY" ¢ITY COUNCIL ',,14'~OR ME~tERA E OBERNDORF At Large ICE V/4~'OR WILLIAM D SESSOMS ]R 4t Larg~ JOttX. 4 BAUM Blacku'ater Borough t l\g, oOD 0 BRAN'CH III V~rgm~a Beath Boruug~ k~dl-_S W BR '~ZIER JR I vnnimvtn Borough I'~OBt PT ~,l CL~t BUtL"i Kemp~adle Bornul~h ROBf:.RT K DEAN Pnnces, Anne Borough Ot IS R JONES Bax~de Borough P '~[ I [ L4~TEIG'qE Punl4o Borough I()H". l) MOS~'~ 4t L~rge %4x.C~ .K P4RKER 4t Large ]4M~S Ix SPORE C~t~ Manager I2. bLI£ L LILi E~ C~t~ Attorne~ FL ~tt ttOl)Gt:-$ bMITH CMC AAE C~t, Chrk CITY COUNCIL AGENDA 281 CIT~ HAIl BUILDING MUNICIPAL CENTER VIRGINIA BEACH VIRGINIA 23456 9005 1804~ 427 4303 APRIL 27, 1993 I. INFORMAL SESSION - Council Chamber - 3:00 PM A. B. C. D. CALL TO ORDER - Mayor Meyera E. Oberndorf ROLL CALL OF CITY COUNCIL RECESS TO EXECUTIVE SESSION CERTIFICATION OF EXECUTIVE SESSION II. CITY COUNCIL WORKSHOP - Council Chamber - 4:30 PM A. FY 1993-1994 OPERATING BUDGET E. Dean Block, Director, Management and Budget III. CITY MANAGER'S BRIEFING - Council Chamber - 5:30 PM A. SEATACK COMMUNITY CENTER EXPANSION FEASIBILITY STUDY Susan Walston, Director, Parks and Recreation IV. FORMAL SESSION - Council Chamber - 6:00 PM A. B. C. D. E. CALL TO ORDER - Mayor Meyera E. Oberndorf INVOCATION: Reverend Jess Jackson Westwood Hill Baptist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA ELECTRONIC ROLL CALL OF CITY COUNCIL MINUTES 1. INFORMAL & FORMAL SESSIONS - April 20, 1993 2. PUBLIC HEARING - Reapportionment -April 20, 1993 G. CONSENT AGENDA All matters listed under the Consent Agenda are considered in the ordinary course of business by City Council and will be enacted by one motion in the form listed. If an item is removed from the Consent Agenda, it will be discussed and voted upon separately. . Request to approve an alternative to the standard park reservation required by Section 4.5(a) of the Subdivision Ordinance for the Subdivision of Park Place (formerly Parkside) (PRINCESS ANNE BOROUGH). 2. Ordinances re DEA Seized Assets Fund for the Police Special Investigative Unit: a, APPROPRIATE $37,952 re purchasing 10 dial number recorders (pen registers). b. TRANSFER $25,113 re purchasing 6 mobile command radios/related equipment. 3. Ordinance authorizing Ucense Refunds in the amount of $3,040.43. H. RESOLUTIONS , Resolution appointing Lehman Brothers as Senior Underwriting Manager; and, authorizing the City Manager and Department of Finance to appoint, as co-managers or as selling group, additional underwriters, including, but not limited to Smith Barney and Davenport & Company of Virginia, Inc. re planned issuance of Refunding Certificates of Participation. . Resolution directing the City Manager investigate the offer to purchase approximately 288 acres of land in Transition Area III from Williams Holding Corporation as outlined in the Option Agreement; and, determine the suitability of the property for an eighteen (18) hole golf course. I. ORDINANCES . Ordinance to AMEND and REORDAIN Ordinance No. 92-2194C declaring an Emergency and prohibiting new connections re conservation of the public water supply pending completion of Lake Gaston Pipeline Project. . Ordinance authorizing a temporary encroachment into a portion of the right-of-way of Round Hill Drive (Bentley Gate) to Baymark Construction Corporation re construction and maintenance of a brick and marble subdivision identification s~gn (KEMPSVILLE BOROUGH). J. PUBUC HEARING 1. PLANNING BY CONSENT a. Application of EUZABETH A. BIEUCKI - EUZABETH A. BEAN for a Variance to Section 4.4(d) of the Subdivision Ordinance which requires all lots created by subdivision to have direct access to a public street, Lot 15A along the Northern side of Alberthas Drive (LYNNHAVEN BOROUGH). Recommendation: APPROVAL b. Application of CHURCH POINT ASSOCIATES to establish an Historic and Cultural District on Lot 42A, Church Point (4001 Church Point Road), containing 1 acre more or less (BAYSIDE BOROUGH). Recommendation: APPROVAL C. Application of RODA ASSOCIATES for a Change of Zoning District Classification from R-5D Residential Duplex District to 1~-2 Community Business District on the South side of Dolton Drive, 940 feet more or less West of Alicia Drive (4847 Dolton Drive), containing 36,024 square feet (KEMPSVILLE BOROUGH). Recommendation: APPROVAL d. Application of LARRY B. SUPOW for a Change of Zoning District Classification from B-1 Neighborhood Business District to R-10 Residential District at the Southern extremity of Morgan Meadow Court beginning at a point 500 feet more or less Northeast of Princess Anne Road (Lot 45A, Princess Anne Crossings), containing 10,000 square feet (PRINCESS ANNE BOROUGH). Recommendation: APPROVAL e. Application of R.T.R., INC. for a Conditional Use Permit for motor vehicle sales on the South side of Indian River Road, 440 feet more or less West of Providence Road (6217 Indian River Road), containing 28,046.54 square feet (KEMPSVILLE BOROUGH). Recommendation: APPROVAL Application of IDS/SHURGARD INCOME GROWTH PARTNERS, LP. for a Conditional Use Permit for truck rentals on the East side of South Military Highway, 130 feet more or less North of Alexandria Avenue (788 South Military Highway), containing 2.757 acres (KEMPSVILLE BOROUGH). Recommendation: APPROVAL g. Application of MR. AND MRS. JOHN MEINHART for an enlargement of a non- conforming use of a single-family unit on the South side of 20th Street, 200 feet East of Mediterranean Avenue (512 20th Street) in the RT-3 Resort Tourist District, containing 7,000 square feet (VIRGINIA BEACH BOROUGH). Staff Recommendation: APPROVAL 2. PLANNING a. Applications of LAKE RIDGE ASSOCIATES in Transition Area I (PRINCESS ANNE BOROUGH): (1) CONDITIONAL CHANGE OF ZONING DISTRICT CLASSIFICATIONS: (a) B-2 Community_ Business District to H-1 Hotel District 350 feet Southwest of Princess Anne Road beginning at a point 4600 feet more or less Southeast of Landstown Road, containing 15 acres. (b) B-2 Community Business District to P-1 Preservation District, containing 32.4 acres: PARCEL 1: Beginning at a point 4150 feet more or less Northeast of the intersection of Landstown Road and Salem Road. ~: Beginning at a point 5100 feet more or less Northeast of the intersection of Landstown Road and Salem Road. PARCEL 3: Beginning at a point 5700 feet more or less Southeast of the intersection of Landstown Road and Princess Anne Road. PARCEL 4: Beginning at a point 6050 feet more or less Southeast of the intersection of Landstown Road and Princess Anne Road. PARCEL 5: Beginning at a point 6600 feet more or less Southeast of the intersection of Landstown Road and Princess Anne Road. (c) B-2 Community_ Business District to 0-2 Office District, containing 41.3 acres: PARCEL 1: Northeast side of Princess Anne Road beginning at a point 4500 feet more or less Southeast of the intersection of Princess Anne Road and Landstown Road Extended. PARCEL 2: 4500 feet more or less Southeast of Landstown Road Extended beginning at a point 350 feet Southwest of Princess Anne Road. PARCEL 3: Beginning at a point 3410 feet more or less Northwest of the intersection of North Landing Road and West Neck Road. (d) B-2 Community Business District to R-lO Residential District, containing 68.1 acres: PARCEL 1: Beginning at a point 4400 feet more or less Northeast of the intersection of Landstown Road and Salem Road. PARCEL ;~: Beginning at a point 4910 feet more or less Southeast of the intersection of Landstown Road and Princess Anne Road. (e) H-1 Hotel District to 0-;~ Office District 4120 feet more or less Southeast of the intersection of Princess Anne Road and Landstown Road, containing 9.8 acres. (f) H-1 Hotel District to R-lO Residential District 4900 feet more or less Southeast of the intersection of Landstown Road and Princess Anne Road, containing 5.2 acres. (g) (h) (i) 0-2 Office District to B.-2 Community Business District, containing 167 acres: PARCEL 1: Beginning at a point 1100 feet more or less Southwest of the intersection of Landstown Road and Princess Anne Road. PARCEL, 2: Beginning at a point 2700 feet more or less Northwest of the intersection of North Landing Road and West Neck Road. 0-2 Office District to P-1 Preservation District, containing 90 acres: PARCEL 1: Beginning at a point 3350 feet more or less Southwest of the intersection of Landstown Road and Princess Anne Road. .P__.~B_C_EJ,_~: Beginning at a point 4300 feet more or less South of the intersection of Landstown Road and Princess Anne Road. PARCEL 3: Beginning at a point 3210 feet more or less South of the intersection of Landstown Road and Princess Anne Road. PARCEL 4: Beginning at a point 3750 feet more or less Northeast of the intersection of Landstown Road and Salem Road. P~~L~5_: Beginning at a point 4950 feet more or less Southeast of the intersection of Landstown Road and Princess Anne Road. PARCEL 6: Beginning at a point 5500 feet Northwest of the intersection of North Landing Road and West Neck Road. 0-;~ Office District to R-10 Residential District, containing 125.9 acres: PARCEL 1: Beginning at a point 4500 feet more or less North of the intersection of Landstown Road and Salem Road. .P__~B~.J~=_~: Beginning at a point 2650 feet more or less Southwest of the intersection of Landstown Road and Princess Anne Road. PARCEL 3: Beginning at a point 3500 feet more or less Southwest of the intersection of Landstown Road and Princess Anne Road. PARCEL 4: Beginning at a point 3300 feet more or less Southwest of the intersection of Landstown Road and Princess Anne Road. PARCEL 5: Beginning at a point 3200 feet more or less Southwest of the intersection of Landstown Road and Princess Anne Road. PARCEL 6: Beginning at a point 3900 feet more or less Northeast of the intersection of Landstown Road and Salem Road. PARCEL 7: Beginning at a point 3450 feet more or less Northeast of the intersection of Landstown Road and Salem Road. PARCEL 8: Beginning at a point 4930 feet more or less South of the intersection of Landstown Road and Princess Anne Road. (J) (k) PARCEL 9: Beginning at a point 5100 feet more or less Northwest of the intersection of North Landing Road and West Neck Road. P-1 Preservation District to O-:~ Office District, containing 47.1 acres: P~47,~.~: Beginning at a point 3100 feet more or less Northeast of the Intersection of Landstown Road and Salem Road. P_~J~_EL_~: East side of Landstown Road beginning at a point 2950 feet Southwest of the intersection of Landstown Road and Princess Anne Road. P-1 Preservation District to R-10 Residential District, containing 61.9 acres: _P_~I~.EJ._I.: Beginning at a point 3950 feet more or less Northeast of the intersection of Landstown Road and Salem Road. PARCEL 2: Beginning at a point 3200 feet more or less Northeast of the intersection of Landstown Road and Salem Road. PARCEL 3: Beginning at a point 2300 feet more or less Northeast of the intersection of Landstown Road and Salem Road. R-10 Residential District to 0-2 Office District, containing 10.7 acres: P_~J~,~._.!_: Beginning at a point 2200 feet more or less Northwest of the intersection of Landstown Road and Salem Road. PARCEL 2: Beginning at a point 2650 feet more or less Northeast of the intersection of Landstown Road and Salem Road. PARCEL 3: Beginning at a point 3770 feet more or less Northeast of the intersection of Landstown Road and Salem Road. (m) R-10 Residential District to P-1 Preservation District, containing 20.2 acres: PARCEL 1: Beginning at a point 4500 feet Northeast of the intersection of Landstown Road and Salem Road. PARCEL 2: Beginning at a point 3300 feet more or less Southwest of the intersection of Landstown Road and Princess Anne Road. (2) CONDITIONAL USE PERMIT for a golf course on certain parcels beginning at a point 5450 feet more or less Northwest of the Intersection of North Landing Road and West Neck Road, containing 170.7 acres. Deferred: March 9, 1993 Recommendation: APPROVE ALL APPLICATIONS b. Application of WESTWOOD HILL BAPTIST CHURCH for a Conditional Use Permit for a church (expansion) at the Northwest corner of Providence Road and Woodstock Road (865 Woodstock Road), containing 5.95 acres (KEMPSVILLE BOROUGH). Recommendation: APPROVAL C. Applications of EIGHT D CORP. re property at Northeast corner of General Booth Boulevard and Culver Lane, containing 2.2 acres (PRINCESS ANNE BOROUGH): Change of Zoning District Classification B-2 Community_ Business District; from AG-2 Agricultural District to AND, Conditional Use Permit for an automobile service station/car wash. Recommendation: APPROVE BOTH APPLICATIONS d. Application of BARRY S. BEHRMAN for a Conditional Use Permit for a commercial recreational facility_ (family billiards) and an eating/drinking establishment on the East side of Princess Anne Road, 300 feet more or less South of Parliament Drive (5612-B Princess Anne Road), containing 9.86 acres (KEMPSVlLLE BOROUGH). Recommendation: APPROVAL K. APPOINTMENT FRANCIS LAND HOUSE BOARD OF GOVERNORS - Resignation L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT SCHEDULE FY 1993-1994 OPERATING BUDGET **PUBUC HEARING** Council Chamber TUESDAY, MAY 4, 1993 7:00 PM SCHEDULE REAPPORTIONMENT **PUBUC HEARINGS** Council Chamber TUESDAY, MAY 4, 1993 9:00 AM If you are physically disabled, hearing or visually Impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4305 VOICE OR TDD by MONDAY 9:00 AM 4/22/93bp/mlm AGENDA\4-27-93.PLN MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia April 27, 1993 Vice Mayor William D. Sessoms, Jr. called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, April 27, 1993, at 3:00 P.M. Council Members Present: John A. Bautn, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Nancy IC Parker and Vice Mayor William D. Sessorns, Jr. Council Members Absent: Mayor Meyera E. Oberndorf (Granddaughter, Lila Ellenson Kelso, 7 lbs, 5 ounces, born 4/27/93) -2- ITEM # 36717 Vice Mayor William D. Sessoms, Jr. entertained a motion to permit City Council to conduct its EXECUTII~ SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purposes: PERSONNEL MATTERS: Discussion or consideration of or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees pursuant to Section 21-344 To-Wit: Appointments - Boards and Commissions: Francis Land House Performance Evaluation - City Attorney LEGAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants, or attorneys pertaining to actual or probable litigation, or other specific legal matters requesting the provisions of legal advice by counsel pursuant to Section 2.1-344(A)(7). To-Wit: School Board - Reapportionment PUBLICLY-HELD PROPERTY: Discussion or consideration of the condition, acquisition, or use of real property for public purpose, or of the disposition of publicly-heM property pursuant to Section 2.1- 344(A)(3). To-Wit: Parking Lot - 25th & Pacific Disposition of City Property - Virginia Beach Borough Upon motion by Councilman Clyburn, seconded by Council Lady Parker, City Council voted to proceed into EXECUTIVE SESSION. Voting: 9-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W.. Brazier, Jr., Robert W. Clyburn, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Nancy K. Parker and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: None Council Members Absent: Robert I~ Dean and Mayor Meyera E. Oberndorf April 27, 1993 -3- Item III-F,. 1. CERTIFICATION OF EXECUTIVE SESSION ITEM # 36718 Upon motion by Councilman Clyburn, seconded by Council Lady Parker, City Council CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; AND, Only such public business matters as were identified in the motion convening the Executive Session were heard, discussed or considered by Virginia Beach City Council. Voting: 9-0 Council Members Voting Aye: John A. Baurn, Linwood O. Branch, III, Robert W. Clyburn, Robert IC Dean, Louis iZ Jones, Paul J. Lanteigne, John D. Moss, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: James W. Brazier, Jr. and Mayor Meyera E. Oberndorf April 27, 1993 CERTIFICATION OF EXECUTIVE SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to the affirmative vote recorded in ITEM # 36717, Page No. 2, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the governing body that such Executive Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each members knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; and, Co) only such public business matters as were identified in the motion convening this Executive Session were heard, discussed or considered by Virginia Beach City Council. Ru(h Hodges S~nith, CMC/AAE City Clerk April 27, 1993 -4- ITEM # 36719 Vice Mayor William D. Sessoms, Jr. called to order the CITY COUNCIL WORKSHOP for the FY 1993- 1994 OPERATING BUDGET of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, April 27, 1993, at 4:15 P.M. Council Members Present: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert IC Dean, Louis I~ Jones, Paul J. Lanteigne, John D. Moss, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Absent: Mayor Meyera E. Oberndorf (Granddaughter, Lila Ellenson Kelso, 7 lbs, 5 ounces, born 4/27/93) April 27, 1993 -5- CITY MANAGER'S BRIEFING SEATACK COMMUNITY CENTER EXPANSION FEASIBILITY STUDY ITEM # 36720 5:35 P.M. Susan Walston, Director - Parks and Recreation, advised approximately 2.25 acres were donated in 1985 to the City by Seatack Community Property, Inc., for the expressed use of a Seatack Community Center. The City allocated $300,000 to design and construct a center on the site. The Seatack Civic League presented their recommendations for the design of the facility, along with suggested programs to be conducted within the facility. ,4 building of approximately 3, 780 square feet was subsequently designed and built, which opened in May 1988. Concerned citizens from the Seatack community have requested the City study the feasibility of adding a gymnasium or pool to the existing community center at Seataclc On November 3, 1992, City Council ADOPTED a Resolution directing the City Manager to investigate the feasibility of constructing a gymnasium and swimming pool at the site of Seatack Community Center, prepare preliminary cost estimates and report to City Council with results of such studies. In a 1980 study conducted to determine users of the Kempsville Center, data indicated that patrons traveled an average of 5.05 miles to the center. It was assumed at that time that the trends revealed by the data included in this study can be used in relationship to other future facilities. In 1983, the Virginia Department of Conservation and Economic Development completed a facilities appraisal for the Parks and Recreation Department recommending specific five year goals for the City in relation to recreation resources. The recommended "number one" priority was the provision of municipal swimming pools. Recreation centers, similar to the one located in Kempsville, were recommended for the northeast and northwest sections of the City. In 1987, City Council ADOPTED a standard of .75 square feet of indoor recreation space per capita and presented to the voters a bond referendum to construct three community recreation centers at various locations throughout the City and expand the existing facility at Bow Creek. These three new centers (Great Neck, Bayside, Princess Anne), in conjunction with improvements at Bow Creek and Kempsville, were intended to address the trend, revealed by the referenced 1980 study, that patrons would travel approximately five miles to take advantage of recreational opportunities. When the VBCRC/Princess Anne opens in January of 1994, the City of Virginia Beach wdl have 366,500 square feet of indoor recreation space. The population of Virginia Beach will have to increase to 488,000 before meeting the .75 square feetper capita planning standard. (Based on a population of 410,0000, the City exceeds the per capita standard by .13 square feet.) The Department of Parks and Recreation presently offers a variety of services for youth within the Seatack Community. A chart indicating these services is hereby made a part of the record. Additionally the following lighted facilities are available April through November of each year: Seatack Elementary School ball field Seatack Elementary School multi-use area Seatack Park multi-use area (basketball courts) However, as in other communities, lack of public transportation makes accessing programs difficult. Tidewater Regional Transit operates busses/trolleys along Virginia Beach Boulevard only. There is no bus service from Laskin Road, down Birdneck Road, to General Booth Boulevard. If this service were to be provided, operational costs would be $40.00 per hour, with a fare running from $1.00 to $1.75 per person. TRT indicated that it would be willing to "test" the market for a period of 60 days to determine if ridership warrants a permanent route. Birdneck Road - Phase II CIP Project, calls for construction of a four-lane divided highway with a bikeway from Southern Boulevard to General Booth Boulevard. This project is called for commencement in July 1996. April 27, 1993 -6- CITY MANAGER'S BRIEFING SEAT,4CK COMMUNITY CENTER EXPANSION FEASIBILITY STUDY ITEM # 36720 (Continued) Based on direction to the City Manager, the Departments of Parks and Recreation and Public Works conducted a feasibility study to determine the possibility of adding a gymnasium and/or swimming pool to the existing Seatack Community Center: Add a "Butler Building" gymnasium to the existing Seatack Community Center. (Does not include office/storage spaces or shower/locker rooms.) $ 512,000 Add a gymnasium only to the existing Seatack Community Center. (A more permanent structure to include office/storage spaces and Locker Rooms) Add a pool only to the existing Seatack Community Center (Size of Kempsville 25 m x 15 yd with locker rooms and necessary outdoor improvements) $5,490,000 Due to site limitations, the consideration of adding both a gymnasium and pool is not feasible. Mrs. Walston advised the following alternatives to expanding the Center on Existing Site: Construct a new building with gymnasium, pool, offices, lobby, meeting rooms, rest rooms, lock rooms and parking for 100 cars. Consider using existing City property or acquire additional acreage of approximately 3 to 4 acres. Estimated cost: $ 7,040,000 Construct a new building with gymnasium, 50 meter pool, offices, lobby, meeting rooms, rest rooms, locker rooms, and parking for 100 cars. Consider using existing City property or acquire additional acreage of approximately 5 to 6 acres. (This alternative would address previous requests for an Olympic-size pool.) Estimated cost: $10,330,000 Construct a new facility equivalent to the Great Neck, Bayside, and Princess Anne Recreation Centers (an 82,000 square foot center with a 25 meet x 25 yard gymnasium meeting rooms, kitchen, game room, etc.). Consider using existing City property or acquire additional acreage approximately 5 to 6 acres. Cost from FY 1992 CIP, VBCRC/Princess Anne: $1o, ooo, ooo April 27, 1993 -7- CITY MANAGER'S BRIEFING SEAT,4CK COMMUNITY CENTER EXPANSION FEASIBILITY STUDY ITEM # 36720 (Continued) Mrs. Waltson advised the following recommendations: Need: Based on Council adopted standards of. 75 square feet of indoor recreational space per capita, expansion of Seatack Community Center is not warranted at this time. Precedent: Other areas (Salem Lakes, Lake Edwards) have approached the Department of Parks and Recreation for similar considerations. City-Wide Plan~Proximity: Based on the five-mile service radius, the residents of Seatack can take advantage of the services provided at FBCRC's Bow Creek, Great Neck and Princess Anne (upon completion). Future Needs: Based on population density, West Kempsville wouM be the next area for consideration of additional indoor recreational space, if and when resources are available. After the opening of VBCRC/Princess Anne, there still will remain a major portion of the Pungo/Blackwater area not within the five-mile service radius of a community recreation center. Cost: Based on capital construction and ongoing operational costs, resources are not currently available to fund the Seatack request. Action: Construct improvements on Birdneck Road to improve the accessibility to both elementary schools. Investigate the initiation of a pilot shuttle transportation link to get those Seatack residents without transportation to the existing recreation centers. Explore the establishment of a volunteer-based supplementary recreation program similar to the successful Plaza Area/YMCA of South Hampton Roads/CARE program recently implemented. Reverend Larry Hinton, Pastor of Mount Zion Church, advised many of his parish live within the Seatack Community. Reverend Hinton requested a Committee be appointed of Community Representatives from the Seatack and adjacent areas and allow this Committee to study the true needs and the methods by which the City can remedy this situation. A "stop gap" measure of transportation does not meet the needs of this community. April 2 7, 1993 FOi~ NO. 04 2 Policy Report I S~.~%TACK COI~]I~UNI~ CENTER EXPANSION BACKGROUND Approximately 2.25 acres were donated in 1985 to the City of Virginia Beach by Seatack Community Property, Inc., for the expressed use of a Seatack community center. The City allocated $300,000 to design and construct a center on the site. The Seatack Civic League presented their recommendations for the design of the facility, along with suggested programs to be conducted within the facility. A building of approximately 3,780 square feet was subsequently designed and built -- it opened in May of 1988. Concerned citizens from the Seatack community have requested that the City study the feasibility of adding a gymnasium or pool to the existing community center at Seatack. On November 3, 1992, City Council voted to have the City Manager prepare a cost estimate and feasibility study to construct a swimming pool and gymnasium at Seatack Community Center and report back within six months. In a 1980 study conducted to determine users of the center in Kempsville, data indicated that patrons traveled an average of 5.05 miles to the center. "However, it can be assumed that the trends revealed by the data included in this study can be expected to generally apply to any similar future facilities."* In 1983, the Virginia Department of Conservation and Economic Development completed a facilities appraisal for the Parks and Recreation Department recommending specific five year goals for the City of Virginia Beach in relation to recreation resources. The recommended "number one" priority was the provision of municipal swimming pools. Recreation centers, similar to the one located in Kempsville, were recommended for the northeast and northwest sections of the City. *Research Team of the City of Virginia Beach, A Study to Determine the Major Residential Areas of Patrons of the Virqinia Beach Recreation Center in Kempsville (1980), p. 15. POLI~ REPORT Seatack Community Center Expansion April 22, 1993 Page 2 In 1987, the City Council of Virginia Beach adopted a standard of .75 square feet of indoor recreation space per capita and presented to the voters a bond referendum to construct three community recreation centers at various locations throughout the City and expand the existing facility at Bow Creek. These three new centers (Great Neck, Bayside, Princess Anne), in conjunction with Bow Creek and Kempsville, were intended to address the trend, revealed by the referenced 1980 study, that patrons would travel approximately five miles to take advantage of recreational opportunities. When VBCRC/Princess Anne opens in January of 1994, the City of Virginia Beach will have 366,500 square feet of indoor recreation space. The population of Virginia Beach will have to increase to 488,000 before meeting the .75 square feet per capita planning standard. (Based on a population of 410,000, the City exceeds the per capita standard by .13 square feet.) The Department of Parks and Recreation presently offers a variety of services for youth within the Seatack Community (see attachment). Additionally, the following lighted facilities are available April through November of each year: Seatack Elementary School ball field Seatack Elementary School multi-use area (basketball courts) Seatack Park multi-use area (basketball courts) However, as in other communities, lack of public transportation makes accessing programs difficult. Tidewater Regional Transit (TRT) operates buses/trolleys along Virginia Beach Boulevard only. There is no bus service from Laskin Road, down Birdneck Road, to General Booth Boulevard. If this service were to be provided, operational costs would be $40.00 per hour, with a fare rate running from $1.00 to $1.75 per person. TRT indicated that it would be willing to "test" the market for a period of 60 days to determine if ridership warrants a permanent route. Birdneck Road - Phase II C.I.P. Project, calls for construction of a four-lane divided highway with a bikeway from Southern Boulevard to General Booth Boulevard. Construction of this project is scheduled to commence July 1996. The total estimated cost of this project is $15,104,129 -- the City's portion amounts to $1,333,735. POLI ~ REPORT Seatack Community Center Expansion April 22, 1993 Page 3 CONSIDEI~3~TIONS for Expanding Center on Existing Site Based on direction to the City Manager, the departments of Parks and Recreation and Public Works conducted a feasibility study (including cost estimates for construction) to determine the possibility of adding a gymnasium and/or swimming pool to the existing Seatack Community Center. The following options were explored (cost estimates do not include operational expenditures): i · Add a "Butler Building" gymnasium to the existing Seatack Community Center Pre-fab metal building on slab w/ HVAC (60'x100') $ 320,000 Equipment 20 parking spaces ($1,500/space) Design (10% of above) Landscaping Contingency (15%) TOTAL 50,000 30,000 40,000 5,000 67,000 $ 512,000 (Does not include office/storage spaces or shower/locker rooms.) 2. Add a cD/mnasium only to the existinq Seatack Community Center Gymnasium (60'x100' = 6,000 sq ft @ $100/sq ft) Office/storage (280 sq ft @ $100/sq ft) Mechanical room (300 sq ft @ $100/sq ft) Equipment Locker rooms (3,200 sq ft @ $120/sq ft) 20 parking spaces ($1,500/space) Design (10% of above) Landscaping Contingency (15%) TOTAL $ 600,000 28,000 30,000 5O,000 384,000 30,000 112,000 5,000 186,000 $1,425,000 3. Add a pool only to the existinq Seatack Community Center Pool (25m x 15yd) Office/storage/classroom (700 sq ft @ $100/sq ft) Mechanical room (500 sq ft @ $100/sq ft) Equipment Locker rooms (3,200 sq ft @ $120/sq ft) 20 parking spaces ($1,500/space) Design (10% of above) Landscaping Contingency (15%) TOTAL $3,600,000 70,000 50,000 200,000 384,000 30,000 433,000 5,000 718,00Q $5,490,000 POLIC"f ~PORT Seatack Community Center Expansion April 22, 1993 Page 4 · Add a gymnasium and pool to the existinq Seatack Community Center Not feasible due to site limitations Site considerations included: Parking requirements (one space per 500 square feet of building area) -- Seatack Community Center has 38 parking spaces which is adequate (by ordinance) for expansion of either a gymnasium or a pool Landscape requirements (30 square feet per parking space, one tree per 150 square feet of landscaping) Restrictions due to the Chesapeake Bay Protection Act (no construction within the 100-foot Resource Protection Area, which starts at the top of the Great Neck Creek bank located along the western edge of the site) City water connection restrictions -- water would be available off the existing service Navy crash zones -- this area is in a high noise zone but not in a high crash probability area Zoning -- height restriction 35 feet, side property line setback 0 feet ALTERNATIVES to Expanding Center on Existing Site A® Construct a new building with gymnasium, pool, offices, lobby, meeting rooms, rest rooms, locker rooms, and parking for 100 cars. Consider using existing City property or acquire additional acreage of approximately 3 to 4 acres. Estimated cost $7,040,000. Be Construct a new building with gymnasium, 50 meter pool, offices, lobby, meeting rooms, rest rooms, locker rooms, and parking for 100 cars. Consider using existing City property or acquire additional acreage of approximately 5 to 6 acres. (This alternative would address previous requests for an Olympic-size pool.) Estimated cost $10,330,000. POLI C"~ REPORT Seatack Community Center Expansion April 22, 1993 Page 5 Ce Construct a new facility equivalent to the Great Neck, Bayside, and Princess Anne Recreation Centers (an 82,500 square foot center with a 25 meter x 25 yard gymnasium, meeting rooms, kitchen, game room, etc.). Consider using existing City property or acquire additional acreage of approximately 5 to 6 acres. Cost from FY 1992 CIP, VBCRC/Princess Anne $10,000,000. NOTE: Ail estimates do not include costs of operation or additional land acquisition. Operational costs would range from $75,000 to $1.2 million per year. RE COl~]l~- NDA T I ON The following findings and recommendations are offered for Council consideration: · Need: Based on Council adopted standards of .75 square feet of indoor recreational space per capita, expansion of Seatack Community Center is not warranted at this time. · Precedent: Other areas (Salem Lakes, Lake Edwards) have approached the Department of Parks and Recreation for similar considerations. · City-Wide Plan/Proximity: Based on the five-mile service radius, the residents of Seatack can take advantage of the services provided at VBCRC's Bow Creek, Great Neck, and Princess Anne (upon completion). · Future Needs: Based on population density, West Kempsville would be the next area for consideration of additional indoor recreational space, if and when resources are available. After the opening of VBCRC/Princess Anne, there still will remain a major portion of the Pungo/Blackwater area not within the five-mile service radius of a community recreation center. · Cost: Based on capital construction and ongoing operational costs, resources are not currently available to fund the Seatack request. POLI ~ I{]~PORT Seatack Community Center Expansion April 22, 1993 Page 6 6. Action: Se Construct improvements on Birdneck Road to improve the accessibility to both elementary schools. be Investigate the initiation of a pilot shuttle transportation link to get those Seatack residents without transportation to the existing recreation centers. C · Explore the establishment of a volunteer-based supplementary recreation program similar to the successful Plaza Area/YMCA of South Hampton Roads/CARE program recently implemented. Submitted by: Director of Parks and Recreation Date ~' ~° 9~ Approved by: ~lt~ Manager :H BLVD. , , '_ ~ ~ ~ Z ~ Z ~ 0 0 0 0 0 0 0 0 = ..~~ .. ~ .. ~ ..~ , , ,, ~ ..0 ~1 ~ ~~0 ~~H .o0~ ~ ~0 .~ ~ ~~ 0 o~ ~o~~ 0o~~ ~ · I ~ ~ ~o~o0~ ~o~o~ ~o~~ ' 0 ~ ~Z~ O~ ~ ~ZO ~00 ~ ~ ~ ~ .0 ~ Om~ ~ m ~1~ <o0 <00 0o0~ OHO , ~ 0~0 0~0~ 0 0 _ .... ,,, I-I Z 0 ~ ~ ~ Z~ o~ o ~ o~ o 0 ~ O~ ~-- 0 ~ o~ ~o~ ~o~ . ~ ~0~ ~ ~~0~ ~ O~H ~~ 0 · >~oz~ =~ ~~=~=~ ~o~=uo~ , 0 0 0 ~ - 0 Z ~Z Z OZ ~Z Z ~ Z ~0 ~ ~0~ ~ m~ .~0~ ~ 0 ~ ~ 0 ~0~ ~0 ~z om~ o ~ ~~.~0~ ~ 0 0~00~.-o ~0~ ~ ~ o o 0 0 0 -8- FORMAL SESION VIRGINIA BEACH CITY COUNCIL April 27, 1993 6:00 P.M. Vice Mayor William D. Sessoms, Jr. called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, April 27, 1993, at 6:00 P.M. Council Members Present: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert IC Dean, Louis 1~ Jones, Paul J. Lanteigne, John D. Moss, Nancy IC Parker and Vice Mayor William D. Sessorns, Jr. Council Members Absent: Mayor Meyera E. Oberndorf (Granddaughter, Lila Ellenson Kelso, 7 lbs, 5 ounces, born 4/27/93) INVOCATION: Reverend Jesse Jackson Westwood Hill Baptist Church PLEDGE OF ,4LLEG1ANCE TO THE FLAG OF THE UNITED STATES OF AMERICA April 27, 1993 -9- Item ,IV-E. 1. MINUTES ITEM # 36721 Upon motion by Councilman Moss, seconded by Council lxtdy Parker, City Council APPROI~D the Minutes of the INFORMAL AND FORMAL SESSIONS of April 20, 1993 and the PUBLIC HEARING - Reapportionment of April 20, 1993. Voting: 9-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Nancy I~ Parker and }qce Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: James W.. Brazier, Jr. and Mayor Meyera E. Oberndorf April 27, 1993 - 10 - Item IV- F. 1. PRESENTATIONS ITEM # 36722 Vice Mayor Sessoms introduced the following Scouts in attendance to earn their merit badges: BOY SCOUT Troop 408 Will Wyndham Steve Johnson Alex Ewing Wesley Powers April 2 7, 1993 - 11 - Item IV-G. CONSENT AGENDA ITEM # 36723 Upon motion by Councilman Moss, seconded by Council Lady Parker, City Council APPROVED IN ONE MOTION Items 1, 2 and 3 of the CONSENT AGEND/L Voting: 9-0 Council Members Voting Aye: John A. Baurn, Linwood O. Branch, III, Robert W. Clyburn, Robert 14. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Nancy IC Parker and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: None Council Members Absent: James W. Brazier, Jr. and Mayor Meyera E. Oberndorf April 27, 1993 - 12 - Item IV-G.I. CONSENT AGENDA ITEM # 36724 Upon motion by Councilman Moss, seconded by Council Lady Parker, City Council ADOPTED: Request to approve an alternative to the standard park reservation required by Section 4.5(a) of the Subdivision Ordinance for the Subdivision of Park Place (formerly Parkside) (PRINCESS ANNE BOROUGH). Voting: 9-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Nancy K. Parker and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: None Council Members Absent: James W. Brazier, Jr. and Mayor Meyera E. Oberndorf April 27, 1993 - 13 - Item IV-G.2 CONSENT AGENDA ITEM # 36725 Upon motion by Councilman Moss, seconded by Council Lady Parker, City Council ADOPTED: Ordinances re DEA Seized Assets Fund for the Police Special Investigative Unit: a. APPROPRIATE $37,952 re purchasing 10 dial number recorders (pen registers). b. TRANSFER $25,113 re purchasing 6 mobile command radios/related equipment. Voting: 9-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert W. Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Nancy IC Parker and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: None Council Members Absent: James W. Brazier, Jr. and Mayor Meyera E. Oberndorf April 2 7, 1993 AN ORDINANCE TO APPROPRIATE $37,952 IN THE DEA SEIZED ASSETS FOR THE PURPOSE OF PURCHASING 10 DIAL NUMBER RECORDERS (PEN REGISTERS) FOR THE POLICE SPECIAL INVESTIGATIVE UNIT WHEREAS, dial number recorders (pen registers) have proven useful in the operation of undercover investigations, by allowing the recording of incoming and outgoing telephone numbers at surveillance sites; WHEREAS, in the past the Special Investigative unit has relied on being able to borrow these units from the State Police, however, these units are older and becoming unreliable, they also require manual transfer of the data from the recorder to microcomputer resulting in excessive man hour requirements; 10 11 12 13 14 WHEREAS, the Special Investigative unit estimates that the purchase of 10 new dial number recorders, which automatically transfer the data to computer would drastically reduce the man hours involved in each investigation and thereby free up detectives to handle additional cases; 15 16 WHEREAS, there is sufficient funds available within the DEA Shared Assets Fund for this purpose. 17 18 19 20 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that $37,952 be appropriated from the DEA Seized Assets Fund for the purpose of purchasing 10 dial number recorders (pen registers). 21 22 23 BE IT FURTHER ORDAINED, that FY 1992-93 Operating Budget estimated revenues from the federal government be increased by $37,952 for this purpose. ADOPTED: April 27, 1993 Approved as to Content alter C. Kraeme~, Jr. Deputy Director Management and Budget APPROVED AS TO LEGAL SUFFICIENCY CRW-C \OB93\pddea5 ord AN ORDINANCE TO TRANSFER $25,113 FROM WITHIN THE DEA SEIZED ASSETS FUND FOR THE PURPOSE OF PURCHASING 6 MOBILE COMMAND RADIOS AND RELATED EQUIPMENT FOR THE SPECIAL INVESTIGATIVE I/NIT OF THE POLICE DEPARTMENT WHEREAS, the Special Investigative Unit has had several instances where having the enhance communications capabilities of the Mobile Command Radios has assisted in the supervision and operation of undercover investigations; WHEREAS, in the past the unit has relied on being able to borrow these units, which is not always possible due to heavy usage at the precincts; WHEREAS, there is sufficient funds available within the DEA Shared Assets Fund for this purpose. 10 11 12 13 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that $23,113 be transferred from within the DEA Seized Assets Fund for the purpose of purchasing 6 mobile Command Radios and related equipment. ADOPTED: April 27, 1993 Jll,~l~,a_ ·i j i . ~ i i i ii APPROVED AS TO II I Approved as to Content -Walter C. Kraejme~, Jr] Deputy Director Management and Budget - 14 - Item IV-G. 3 CONSENT AGENDA ITEM # 36726 Upon motion by Councilman Moss, seconded by Council Lady Parker, City Council ADOPTED: Ordinance authorizing license refunds in the amount of $3,040.43 and upon application of certain persons and upon certification of the Commissioner of the Revenue. Voting: 9-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Nancy K Parker and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: None Council Members Absent: James W. Brazier, Jr. and Mayor Meyera E. Oberndorf April 27, 1993 F-ORM NO C.A. 8 REV 3~ 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 apphcabons for hcense refunds, upon cerhhcat~on of the Commissioner of the Revenue are hereby approved: L~cense Date NAME Year Paid Base Penalty Int Total Productivity Communication Inc T/A Same 1991 c/o William P. Park Jr. 1730 Casey Key Drive Punta Gorda, FL 33950 U S Graphics Inc 1990-91 T / A Same 532 Virginia Beach Blvd. Virginia Beach, VA 23451 Audit 426.90 Audit 900.00 426.90 900.00 Th~s ordinance shall be effective from date of adoption The above abatement(s) totahng $ 1,320.90 27 of the C~ty of V~rg~n~a Beach on the day of Cerhhed as to Payment bjm~, sPs, oVna~rg;fa~ e i~v e~ u e Approved as to form · were approved by the Councd April ,~9 93 Ruth Hodges Smith C~ty Clerk FOFIM NO C.A. 8 REV 3~6 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 apphcat~ons for hcense refunds, upon cert~hcabon of the Comm~smoner of the Revenue are hereby approved. L~cense Date NAME Year Pa~d Base Penalty Int. Total Halstead, Troy W.,President Halstead Electrical Co Inc 62/+ Virginia Avenue 1989-91 Virginia Beach, VA 23/+51 Perry, Betty A. T/A Pattys Varieties 38/+8 Peterson Street Norfolk, VA 23513 Audit 223 ./+0 1989-91 Audit 17.82 Prescott Enterprises Inc T/A Crystai Room Beauty Salon 637 Piney Point Road 1991-92 Virginia Beach, VA 23/+52 Audit 57.03 223 ./+0 17.82 57.03 Th~s ordinance shall be effec.ve from date of adop.on The above abatement(s) totahng $ 298.2~ . 27 of the C~ty of V~rg~n~a Beach on the day of Certlhed as to Payment ~c~bjmn, sPs, oVna:rgohfa~R e v e n ue Approved as to form ~ees~e L ~lie"'y"~~ C~ty Attorney were approved by the Councd April 93 Ruth Hodges Smith C~ty Clerk FOFIM 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 apphcat~ons for hcense refunds, upon cert~hcabon of the Comm~ss;oner of the Revenue are hereby approved. L~cense Date NAME Year Pard Base Penalty Int Total Davis, William R. 1991 T/A Steptoe & Associates 1316 Ettington Lane Virginia Beach, VA 23~6~ Audit .5/+.00 F. rmansons, Marls E. 1991-92 Audit T/A Back to Health Chiropractic Ctr. 4625 B Coronet Avenue Virginia Beach, VA 234)5 Gammal, Ranzy M. 1991 908 Amherst Lane Virginia Beach, VA 23~6~ Audit 172. O0 62.30 5/+. OO 172.00 62.30 Th~s ordinance shall be effective from date of adopbon The above abatement(s) totahng $ 288.30 of the C~ty of V~rg~ma Beach on the 27 day of Cert~hed as to Payment ~.R6~e~ P 'Vaugh~n Commissioner of the Revenue Approved as to form Leshe L L~lley City Attorney were approved by the Council Apr:il , 19 93 Ruth Hodges Smith C~ty Clerk FORM NO C.A. 8 REV 3~6 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 apphcabons for hcense refunds, upon certflcat~on of the Commissioner of the Revenue are hereby approved L~cense Date NAME Year Prod Base Penalty Int Total Architectural Design Inc T/A Same 1992 4639 Coronet Avenue Virginia Beach, VA 23455 Bostic, James B. DVM 1992 T/A Bostic Veterinary Hospibal 5269 Challedon Drive Virginia Beach, VA 23462 Cion Inc 1990-92 T/A Same 1520 Baltic Avenue Virginia Beach, VA 23451 Audit 108.41 Audit 985 .~3 Audit 33.14 108.41 985.43 33.14 Cerbhed as to Payment ~---~Ro~ert P Vaug'han /,~- Commms~oner of the'-R'evenue Approved as to form Th~s ordinance shall be effecbve from date of adoption The above abatement(s) totahng of the City of V~rg~ma Beach on the CRy Attorney $ 1. 126.98 were approved by the Councd 27 day of Apr:ri , 19 93 Ruth Hodges Smith C~ty Clerk - 15 - Item IV- H. 1. RESOLUTIONS ITEM # 36727 Upon motion by Councilman Jones, seconded by Councilman Clyburn, City Council ADOPTED: Resolution appointing Lehman Brothers as Senior Underwriting Manager; and, authorizing the City Manager and Department of Finance to appoint, as co-managers or as selling group, additional underwriters, including, but not limited to Smith Barney and Davenport & Company of Virginia, Inc. re planned issuance of Refunding Certificates of Participation. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R~ Jones, Paul J. Lanteigne, John D. Moss, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf April 27, 1993 A RESOLUTION UNDERWRITERS FOR APPROVAL OF 10 11 12 13 14 15 16 17 18 19 20 21 22 WHEREAS, the City, in conjunction with its financial advisors, has determined that it is in the best interest of the City to refund all or portions of the outstanding 1987 and 1990 Certificates of Participation; WHEREAS, after soliciting and reviewing applications of investment banking firms and interviewing certain firms, the City staff, upon consultation with representatives of Government Finance Associates, Inc. and Government Finance Group, Inc., the "Financial Advisors" of the City, have recommended a managing underwriting team for such issuance of refunding bonds. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. Lehman Brothers is hereby appointed as the senior underwriting manager for the planned issuance of Refunding Certificates of Participation. 2. The City Manager and staff of the Department of Finance are hereby authorized to appoint, as co-managers or as selling group, additional underwriters, including, but not limited to Smith Barney and Davenport & Company of Virginia, Inc. 3. This resolution shall take effect immediately. 23 24 Adopted by the Council of the City of Virginia Beach, Virginia, on the 27 day of April , 1993. 25 26 27 28 CA-5108 ORDIN\NONCODE\REFUNDING.RES R-1 PREPARED: April 20, 1993 AFPROV~.D AS TO LEGAL SUFFICIE~D FO~_/:~ Cl~ ATrORNk~ - 16 - Item IV-H. 2. RESOLUTIONS ITEM # 36728 The following registered in OPPOSITION: Al Strazzullo, 3120 Sand Pine Road, Phone: 481-0024 Charles Traub, III, 784 Glasgow Court, Phone: 340-9056 Lynn A. Dominguez, 4156 Rainbow Drive, Phone: 471-1549 Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925 Upon motion by Councilman Lanteigne, seconded by Councilman Branch, City Council ADOPTED: Resolution directing the City Manager investigate the offer to purchase approximately 288 acres of land in Transition Area III from Williams Holding Corporation as outlined in the Option Agreement; and, determine the suitability of the property for an eighteen (18) hole golf co~Fse. Voting: 7-3 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W.. Brazier, Jr., Robert W. Clyburn, Louis R. Jones, Paul J. Lanteigne and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: Robert K~ Dean, John D. Moss and Nancy K. Parker Council Members Absent: Mayor Meyera E. Oberndorf April 27, 1993 A RESOLUTION DIRECTING THE CITY MANAGER TO INVESTIGATE THE ADVISABILITY OF THE PURCHASE OF PROPERTY FROM THE WILLIAMS HOLDING CORPORATION 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, the Williams Holding Corporation has tendered an Option Agreement to the City of Virginia Beach which will permit the City to purchase real estate in Transition Area III for the construction of a golf course, and WHEREAS, the Option Agreement will expire on July 21, 1993, but may be extended for an additional period of ninety (90) days in accordance with the terms stated in the option, and WHEREAS, the City Council desires that the City Manager examine the proposal to purchase the property as stated in the Option Agreement and report his findings to the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby directed to investigate the offer to purchase the property as outlined in the Option Agreement tendered to the City by the Williams Holding Corporation and to determine the suitability of the property for an eighteen (18) hole golf course. That the City Manager shall report his findings to the City Council in a timely manner so as to permit the Council to take action on this subject prior to the expiration to the option period. Adopted by the Council of the City of Virginia Beach, Virginia, on the 27 day of April , 1993. 29 30 31 CA-5106 ORDIN\NONCODE\WILLIAM. RES PREPARED: 04 / 20 / 93 -17- Item IV-L 1. ORDINANCES ITEM # 36729 Tuck Bowie, 709 Oxen Court, Phone: 481-2741, represented the TBA, and spoke in SUPPORT of the Resolution. Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925 Upon motion by Councilman Jones, seconded by Councilman Baum, City Council ADOPTED: Ordinance to AMEND and REORDAIN Ordinance No. 92-2194C declaring an Emergency and prohibiting new connections re conservation of the public water supply pending completion of Lake Gaston Pipeline Project. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members I/oting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf April 2 7, 1993 10 11 AN ORDINANCE TO AMEND AND REORDAIN ORDINANCE NO. 92-2194C, PERTAINING TO THE CONSERVATION OF THE PUBLIC WATER SUPPLY PENDING COMPLETION OF THE LAKE GASTON PIPELINE PROJECT BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Ordinance No. 92-2194C, pertaining to the conservation of the public water supply pending completion of the Lake Gaston Pipeline Project, be, and hereby is, amended and reordained, and shall read as follows: 12 13 14 15 Section 1. Declaration of emergency. There is hereby declared to exist within the City of Virginia Beach an emergency arising out of a shortage of public water supplies. 16 17 18 19 20 21 22 Section Z. Prohibition of new connections to the public water supply system. Except as provided in Section 3 of this ordinance, there shall be no new connections to the City water system until such time as the Lake Gaston Pipeline Project, including its intake and conveyancing facilities and their appurtenances, is substantially complete. 23 24 25 26 27 Section 3. Exemptions. Notwithstanding the provisions of Section 2 of this ordinance, connections to the City water system will be allowed, but not required, in the following cases if all other requirements of law pertaining to such connections have been met: 28 29 30 31 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 (a) Lots abutting a City water main on February 11, 1992, where the owner or his predecessor in title has directly participated in paying the cost of constructing the main; provided, however, that the total water demand resulting from development of any such lot, as subdivided, shall not exceed the maximum potential water demand which could result from the lawful development on the lot of any permitted principal use, or combination of such uses, in the zoning district in which such lot is located. The Director of Public Utilities shall determine the water demand of any proposed use, based upon the application of accepted engineering practices and comparative water usage rates for similar uses; (b) Lots upon which a proposed development is the subject of an approved site development plan or an approved preliminary subdivision plat as of the date of adoption of this ordinance, where construction of the water distribution system serving such development has commenced, or is bonded, in accordance with an approved plan for such construction. Where construction or bonding of a water distribution system serving only a portion of a subdivision has commenced or occurred, this exemption shall apply only to that portion; (c) Publicly-funded residential neighborhood water projects, or combined water and sewer projects, where construction of water distribution systems is complete or has commenced or where the city Manager determines, based upon reports, recommendations or other information provided by the Department of Health, that there is a significant hazard to the health and safety of the residents of such a neighborhood by reason of the unavailability of city water; (d) Public and other schools satisfying the compulsory education requirements of Section 22.1-254 of the Code of Virginia, public facilities for police, fire protection and emergency medical services, and facilities of public service companies regulated as public utilities under Title 56 of the Code of Virginia, where no alternative supply of water is available; 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 (e) Residential neighborhoods served by privately-owned water systems, where the City Council has determined, by resolution, to acquire such systems; or (f) Undeveloped lots, lawfully created prior to the date of adoption of this ordinance, upon which construction has been authorized pursuant to a valid building permit issued prior to the date of adoption of this ordinance; provided, that this exemption shall apply for only so long as such building permit remains in effect. ; or (g) Lots created by replatting subsequent to the vacation of lot lines within a subdivision, where the lots platted are part of an overall plan of development approved by the city council prior to February 11, 1992, and: (1) The combined area of the new lots equals or is less than the combined area of the original lots; and (2) The vacation of lot lines was performed in order to (i) bring such lots into conformity with zoning or subdivision requirements, or (ii) to comply with conditions attached by the City Council to development plan approvals, including street closures. 82 83 84 85 86 87 88 89 90 91 92 93 Section 4. Construction of water distribution systems. (a) Except as provided in subsection (b), where Whcrc public water distribution systems or fire hydrants, or both, would be required pursuant to Section 5.8 of the Subdivision Ordinance or Section 5 of the Site Plan Ordinance, or any similar successor ordinance or requirement, but for the provisions of this ordinance, such water distribution systems and fire hydrants shall be designed and bonded but not constructed during the period this ordinance remains in effect. (b) At the option of the developer, water distribution systems and fire hydrants may be constructed, subject to the following conditions: 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 (1) Except as otherwise provided in this Ordinance, connections of individual lots to the City water system shall not be permitted; (2) The minimum allowable private well system for individual lots shall be a two (2)-inch single pipe deep well ejector system which meets all requirements of the Virginia Health Department. (3) The Director of Public Utilities shall determine, based upon sound engineerinq practices and considerations of public safety, whether the water distribution system shall be kept in service for fire protection and system reliability only or maintained in a dry condition; (4) The developer shall be responsible for all work required to obtain the City's final acceptance of the system and all costs associated therewith, including, but not limited to, flushing, testing, repair, replacement, restoration, and inspection. ¢5) A performance bond or other surety, in a form satisfactory to the City Attorney and in an amount of no less than twenty (20) per cent of the total construction cost of the water distribution system shall be required. Such bond or other surety shall remain in full force and effect until such time as connection to the City water system is fully integrated and the water distribution system is accepted by the City. 121 122 123 124 125 126 127 Section 5. Deferral of neighborhood water projects. (a) Neighborhood water projects funded in the Capital Improvements Program, and any sewer projects scheduled for contemporaneous construction, shall not be constructed during the period in which this ordinance remains in effect; provided, however, that the City Council may authorize the construction of sanitary sewer systems in any neighborhood where a majority of the 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 property owners in such neighborhood request, in writing, that such sanitary sewer systems be constructed. The Director of Public Utilities shall solicit comments from such property owners at the earliest practicable time after the adoption of this ordinance. Section 6. Prohibition of certain uses of the public water supply. In accordance with Section 37-21 of the City Code, the City Manager is hereby authorized and directed to order the prohibition of the following uses of the public water supply: (a) Watering of shrubbery, trees, lawns, grass, plants or other vegetation, except from a watering can or other container not exceeding three (3) gallons in capacity; (b) Washing of automobiles, trucks, trailers or any other type of mobile equipment, except in facilities operating with a water recycling system approved by the City, or except from a bucket or other container not exceeding three (3) gallons in capacity; provided, that any facility operating with an approved water recycling system must prominently display, in public view, a sign stating that such a recycling system is in operation; (c) Washing of sidewalks, streets, driveways, parking areas, service station aprons, exteriors of homes, apartments, commercial or industrial buildings or any other outdoor surface, except from a bucket or other container not exceeding three (3) gallons in capacity; (d) The operation of any ornamental fountain or other structure making a similar use of water; (e) The filling of swimming or wading pools or the refilling of swimming or wading pools which are drained after the effective date of the order; (f) The use of water from fire hydrants for any purpose other than necessary governmental operations; and (g) The serving of drinking water in restaurants, cafeterias or any other establishment, unless requested by the individual being served. 163 164 165 166 167 168 169 170 171 Section 7. Conflicting, etc. ordinances. (a) The provisions of Section 37-5(a) and (b) of the City Code, pertaining to mandatory connections to the public water supply system, are hereby suspended during the period this ordinance remains in effect. (b) In the event any other ordinance, resolution, regulation, policy or standard of the City shall conflict, or be inconsistent, with the provisions of this ordinance, the provisions of this ordinance shall control. 172 173 174 175 176 177 Section 8. 8everability. The provisions of this ordinance shall be deemed to be severable, and in the event one or more such provisions shall be adjudged or declared to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall be unaffected thereby and shall remain in full force and effect. 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 Section 9. Transition provisions. Notwithstanding the provisions of Section 3(b), connections to the public water supply system shall be allowed where construction plans for a water distribution system serving a development have been approved on or before April 30, 1992, and one of the following applies: (a) Such plans are submitted on or before February 28, 1992 and pertain to portions of a development which is the subject of an active, approved preliminary subdivision plat and construction of the water distribution system serving such development commences or is bonded by April 30, 1992; (b) Such plans have expired and re-approval has been requested, in writing, on or before February 28, 1992, and construction of the water distribution system serving such development commences or is bonded by April 30, 1992; or (c) Such plans pertain to a development which is the subject of a site plan which has been submitted as of the date of adoption 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 of this ordinance, where construction of such system commences or is bonded by April 30, 1992. Section 10. Conditional use permits. No conditional use permit granted by the City Council shall become void by reason of failure to commence the construction or use authorized by such conditional use permit within the period of time set forth in Section 221 of the City Zoning Ordinance, if such failure is the result of the application of the provisions of this ordinance to the property to which the conditional use permit pertains. In such cases, use or construction in accordance with the terms of the conditional use permit must commence within six (6) months of the date upon which the property becomes eligible for connection to the City water system or the conditional use permit shall be void. This ordinance shall supersede Ordinance No. 92-2194C adopted by the City Council of the City of Virginia Beach on November 24, 1992. 212 213 Adopted by the Council of the City of Virginia Beach on the 27 day of April , 1993. 214 215 216 217 CA-93-5018 %ORDIN%NONCODE %WEOAMD. ORN R-2 Prepared: April 21, 1993 APPROVED AS TO LEGAL' SUFFICI~AND FORA/% / - 18 - Item ORDINANCES ITEM ti 36730 Tuck Bowie, 709 Oxen Court, Phone: 481-2741, represented the TBA, and spoke in SUPPORT of the Resolution. Upon motion by Councilman Clyburn, seconded by Councilman Brazier, City Council ADOPTED: Ordinance authorizing a temporary encroachment into a portion of the right-of-way of Round Hill Drive (Bentley Gate) to Baymark Construction Corporation re construction and maintenance of a brick and marble subdivision identification sign (KEMPSVILLE BOROUGH). The following conditions shall be required: 1. The owner agrees to remove the encroachment when notified by the city of Virginia Beach, at no expense to the City. 2. The owner agrees to keep and hold the City free and harmless of any liability as a result of the encroachment. 3. The owner agrees to maintain said encroachment so as not to become unsightly or a hazard. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W.. Brazier, Jr., Robert W. Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Nancy IC Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf April 27, 1993 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE RIGHT-OF-WAY OF ROUND HILL DRIVE TO BAYMARK CONSTRUCTION CORPORATION, ITS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in Section 15.1-893, Code of Virginia, 1950, as amended, Baymark Construction Corporation, its heirs, assigns and successors in title is authorized to construct and maintain a temporary encroachment into the right-of-way of Round Hill Drive. That the temporary encroachment herein authorized is for the purpose of constructing and maintaining a subdivision identification sign and that said encroachment shall be constructed and maintained in accordance with the City of Virginia Beach Public Works Department's specifications as to size, alignment and location, and further that such temporary encroachment is more particularly described as follows: An area of encroachment into a portion of the City's right-of-way known as Round Hill Drive, on the certain plat entitled: "PLAT SHOWING ENCROACHMENT OF SUBDIVISION IDENTIFICATION SIGN INTO THE ROUND HILL DRIVE RIGHT OF WAY FOR BAYMARK CONSTRUCTION CORP.," a copy of which is on file in the Department of Public Works and to which reference is made for a more particular description. PROVIDED, HOWEVER, that the temporary encroachment herein authorized shall terminate upon notice by the City of Virginia Beach to any officer of Baymark Construction Corporation, its heirs, assigns and successors in title and that within thirty (30) days after such notice is given, said encroachment shall be removed from the City's right-of-way of Round Hill Drive and that Baymark 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 Construction Corporation, its heirs, assigns and successors in title shall bear all costs and expenses of such removal. AND, PROVIDED FURTHER, that it is expressly understood and agreed that Baymark Construction Corporation, its heirs, assigns and successors in title shall indemnify and hold harmless the City of Virginia Beach, its agents and employees from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of such encroachment. AND, PROVIDED FURTHER, that the party of the second part agrees to maintain said encroachment so as not to become unsightly or a hazard. AND, PROVIDED FURTHER, that this ordinance shall not be in effect until such time that Baymark Construction Corporation execute an agreement with the City of Virginia Beach encompassing the aforementioned provisions. Adopted by the Council of the City of Virginia Beach, Virginia, on the 27 day of April , 19 93 · ,,~O.~ROVED AS TO CONTENT Slg AT E DEI~Ai~TMENT APPROVED AS TO LEGAL SUFFtCIS. I%'CY EXHIBIT--"-~" i I i .,l t- I g ~ ~10.07 ~TALBOT GROUP, P~nne~s Surveyors I~nd~¢~pe Azchltect~ ~nv~nmental Plann~ ~nd~rk ~u~ * V~ ~ac~ Va. ~52 (~) ~03~ * Fax 4~-1~ I EP~ :ELBOW ROAD PLAT SHOWING ENCROACHMENT OF SUBDIVISION IDENTIFICATION SIGN INTO THE ROUND HILL DRIVE RIGHT OF WAY FOR BAYMARK CONSTRUCTION CORP. \\ iII / LOCATION MAP z CD W _,l ,,0- m LOCATION MAP THIS AGREEMENT, made this !~ ~dayof .~az¢~ , 19 qd~, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, party of the first part, Grantor, and BAYMARK CONSTRUCTION CORP., a Virginia Corporation, ITS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, party of the second part, Grantee. WITNESSETH: That, WHEREAS, it is proposed by the party of the second part to construct and maintain a subdivision identification sign in the City of Virginia Beach; and WHEREAS, in constructing and maintaining such subdivision identification sign, it is necessary that the said party of the second part encroach into a portion of an existing City right-of-way known as Round Hill Drive; and said party of the second part has requested that the party of the first part grant a temporary encroachment to facilitate such subdivision identification sign within a portion of the City's right-of-way known as Round Hill Drive. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the party of the second part and for the further consideration of One Dollar ($1.00), in hand paid, to the said party of the first part, receipt of which is hereby acknowledged, the party of the first part doth grant to the party of the second part a temporary encroachment to use a portion of the City's right-of-way known as Round Hill Drive for the purpose of constructing and maintaining such subdivision identification sign. It is expressly understood and agreed that such temporary encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City of Virginia Beach Public Works Department's specifications and approval as to size, alignment and location and is more particularly described as follows, to wit: An area of encroachment into a portion of the City's right-of-way known as Round Hill Drive as shown on that certain plat entitled: "PLAT SHOWING ENCROACHMENT OF SUBDIVISION IDENTIFICATION SIGN INTO THE ROUND HILL DRIVE RIGtIT OF WAY FOR BAYMARK CONSTRUCTION CORP. TALBOT GROUP, LTD. DATE: 2-12-93 SCALE: 1" = 25'," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. It is further expressly understood and agreed that the temporary encroachment herein authorized shall terminate upon notice by the City of Virginia Beach to the party of the second part, and that within thirty (30) days after such notice is given, such temporary encroachment shall be removed from the City's right-of-way known as Round Hill Drive by the party of the second part; and that the party of the second part shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the party of the second part shall indemnify and hold harmless the City of Virginia Beach, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of such temporary encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge such permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the party of the second part. It is further expressly understood and agreed that the party of the second part agrees to maintain said encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the party of the second part must submit and have approved a traffic control p/an before commencing work in the City's right-of-way. It is further expressly understood and agreed that the party of the second part agrees that no open cut of the public roadway shall be allowed except under extreme circumstances. Such exceptions shall be submitted to the Highway Division, Department of Public Works, for final approval. It is further expressly understood and agreed that the party of the second part must obtain a permit from the Development Services Center prior to commencing any construction within the City's right-of-way. It is further expressly understood and agreed that prior to issuance of a Highway permit, the party of the second part must post a Performance Bond and show proof of public liability insurance of a minimum of Three Hundred Thousand Dollars ($300,000.00). It is further expressly understood and agreed that the party of the second part shah submit for review and approval, a survey of the area being encroached upon, certified by a professional engineer, and/or "as built" plans of the encroachment, if required by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. It is further expressly understood and agreed that the party of the first part, upon revocation of such authority and permission so granted, may remove any such encroachment and charge the cost thereof to the party of the second part, and collect the cost in any manner provided by ]aw for the collection of local or state taxes; may require the party of the second part to remove such temporary encroachment; and pending such removal, the party of the first part may charge the party of the second part compensation for the use of such portion of the City's right-of-way encroached upon the equivalent of what would be the real property tax upon the land so occupied if it were owned by the party of the second part; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City shall impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that such encroachment is allowed to continue thereafter, and shall collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, the said BAYMARK CONSTRUCTION CORPORATION has caused this Agreement to be executed in its corporate name and on its behalf by its president, and its corporate seal to be hereto affixed and duly attested by its corporate secretary with due authority by its board of directors. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its sea] be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH (SEAL) ATTEST: By City Manager ! Authorized Designee of the City Manager City Clerk (SEAL) ATTEST: (Title) STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: BAYMARI~CJDNSTRU C TION ~ORP. ,TOVED AS TO CONTENT URfi DEPARTMENT I, , a Notary Public in and for the City and State aforesaid, do hereby certify that , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER PURSUANT TO SECTION 2-154 OF THE CITY CODE, whose name is signed to the foregoing Agreement bearing date on the day of , 19 , has acknowledged the same before me in my City and State aforesaid. GIVEN under my hand this ~ day of , 19 . My Commission Expires: Notary Public STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, , a Notary Public in and for the City and State aforesaid, do hereby certify that RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH, whose name is signed to the foregoing Agreement bearing date on the day of , 19 , has acknowledged the same before me in my City and State aforesaid. GIVEN under my hand this ~ day of , 19 . My Commission Expires: Notary Public STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: the City and State aforesaid, do hereby certify name is signed , a Notary Public in and for that ~ ,c~l~d 5 ~4~, (Title) on behalf of BAYMARK CONSTRUCTION CORP. whose to the foregoing writing, bearing date the l(~ day of State aforesaid. , 19 ~, has acknowledged the same before me in my City and Given under my hand this Iq4h. day of /]~_~r~t~ My Commission Expires: Notary' ~tibilc- - My Commission Expires :June 30. 1995 - 19 - Item III-J, PUBLIC HEARING ITEM # 36731 PLANNING Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on: PLANNING BY CONSENT (a) ELIZABETH .4. BIELICKI - ELIZABETH .4. BEAN VARIANCE (b) CHURCH POINT ASSOCIATES HISTORIC AND CULTURAL DISTRICT (c) ROD.4 ASSOCIATES CHANGE OF ZONING (d) LARRY B. SLIPOW CHANGE OF ZONING (e) R.T.R., INC. CONDITIONAL USE PERMIT (f) IDS/SHURGARD INCOME GROWTH PARTNERS, LP. CONDITIONAL USE PERMIT (g) MR. AND MRS. JOHN MEINHART ENL.4RGEMENT OF NONCONFORMING USE PLANNING (a) LAKE RIDGE ASSOCIATES CONDITIONAL CHANGE OF ZONING AND CONDITIONAL USE PERMIT (b) WESTWOOD HILL BAPTIST CHURCH CONDITIONAL USE PERMIT (c) EIGHT D CORPORATION CH.4NGE OF ZONING DISTRICT CLASSIFIC.4 TION AND CONDITIONAL USE PERMIT (d) BARRY S. BEHRMAN CONDITIONAL USE PERMIT April 27, 1993 - 20 - Item PUBLIC HEARING ITEM # 36732 PLANNING BY CONSENT Upon motion by Councilman Clyburn, seconded by Council Lady Parker, City Council APPROVED IN ONE MOTION items a, b, d, e, land g of the PLANNING BY CONSENT AGENDA. Item 1V-J.c. was REFERRED BACK TO THE PLANNING COMMISSION. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert lC Dean, Louis I~ Jones, Paul J. Lanteigne, John D. Moss, Nancy lC Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf April 27, 1993 - 21 - Item lll-J. 1. a. PUBLIC HEARING PLANNING BY CONSENT ITEM it 36733 Upon motion by Councilman Clyburn, seconded by Council Lady Parker, City Council APPROVED the application of ELIZABETH A. BIELICKI - ELIZABETH A. BEAN for a Variance to Section 4.4(d) of the Subdivision Ordinance which requires all lots created by subdivision to have direct access to public street. Appeal from Decisions of Administrative officers in regard to certain elements of the subdivision Ordinance, Subdivision of Elizabeth A. Bielicla' - Elizabeth A. Bean. Property is located on Lot 15A on Alberthas Drive. L YNNHA VEN BOROUGH. The following conditions shall be required: . 2. Alberthas Lane must be noted as a private lane on the subdivision plat. The applicant is encouraged to meet with other property owners along Alberthas Lane to address maintenance and access along this roadway. The applicant must obtain all proper permits for filling the subject lots. The Army Corps of Engineers and Virginia State Water Control Board shouM be contacted regarding the potential impacts on wetlands relative to the development of this property. The submitted plat depicts a disagreement regarding the ownership of a portion of the subject property. This private property dispute shouM be settled prior to final plat approval. The OWNER OR LEGAL REPRESENTATIVE of the Owner, has reviewed the conditions for APPROVAL and has signed a STATEMENT OF CONSENT. Said STATEMENT OF CONSENT is hereby made a part of the proceedings. This Ordinance shall be effective in accordance with Section 107 69 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-seventh of ApriL Nineteen Hundred and Nine~_ - Three. April 2 7, 1993 - 22 - Item III-J.l.a. PUBLIC HEARING ITEM # 36733 (Continued) PLANNING BY CONSENT Voting: 10-0 Council Members Voting Aye: John ,4. Baum, Linwood O. Branch, III, James W.. Brazier, Jr., Robert IrK. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Nancy I~ Parker and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf April 2 7, 1993 STATEMENT OF CONSENT APPLICANT: EUZABETH A. BIEUCKI - EUZABETH A. BEAN APPLICATION: Variance - Alberthas Drive (LYNNHAVEN BOROUGH) DESCRIPTION: Section 4.4(d), Subdivision Ordinance (direct access to a public street) CITY COUNCIL SESSION: April 27, 1993 THE UNDERSIGNED OWNER OR LEGAL REPRESENTATIVE FOR THE OWNERS, (or Agent for the Owner), HAS REVIEWED THE CONDITIONS FOR APPROVAL (REQUIREMENTS) RECOMMENDED BY THE VIRGINIA BEACH PLANNING COMMISSION TO THE VIRGINIA BEACH CITY COUNCIL FOR AFFIRMATIVE ACTION ON THIS DATE AS THEY APPLY TO THE REFERENCED APPLICATION FOR AMENDMENT TO THE ZONING MAP OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AND HEREBY ACCEPTS AND AGREES TO: . . . ,, Alberthas Lane must be noted as a private lane on the subdivision plat. The applicant is encouraged to meet with other property owners along Alberthas Lane to address maintenance and access along this roadway. The applicant must obtain all proper permits for filling the subject lots. The Army Corps of Engineers and Virginia State Water Control Board should be contacted regarding the potential impacts on wetlands relative to the development of this property. The submitted plat depicts a disagreement regarding the ownership of a portion of the subject property. This private property dispute should be settled prior to final plat approval. Attorney/Agent Date: - 23 - Item llI-J.l.b. PUBLIC HEARING ITEM # 36734 PLANNING BY CONSENT Upon motion by Councilman Clyburn, seconded by Council Lady Parker, City Council ADOPTED an Ordinance upon application of CHURCH POINT ASSOCIATES to establish an Historic and Cultural District. ORDINANCE UPON APPLICA TION OF CHURCH POINT ASSOCIA TES TO ESTABLISH AN HISTORIC AND CULTURAL DISTRICT Z04931383 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Church Point Associates to establish an Historic and Cultural District on Lot 42 A, Church Point. Said parcel is located at 4001 Church Point Road and contains 1 acre more or less. BAYSIDE 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 Twcr~ty-$eventh of April. Nineteen Hundred and Ninety-Three. Voting: 10-0 Council Members Voting Aye: John A. Baurn, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis I~ Jones, Paul J. Lanteigne, John D. Moss, Nancy IC Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf April 27, 1993 - 24 - Item III-J.l.c. PUBLIC HEARING ITEM # 36735 PLANNING BY CONSENT The Vice Mayor referenced Delegate Purkey's correspondence of April 26, 1993, requesting this application be REFERRED BACK TO THE PLANNING COMMISSION. Said letter is hereby made a part of the record. Upon motion by Councilman Clyburn, seconded by Council Lady Parker, City Council REFERRED BACK TO THE PLANNING COMMISSION Ordinance upon application of RODA ASSOCIATES for a Change of Zoning: ORDINANCE UPON APPLICATION OF RODA ASSOCIATES FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-SD TO B-2 Ordinance upon application of Roda Associates for Change of Zoning District Classification from R-5D Residential Duplex Dtstrict to B-2 Community Business District on the south side of Dolton Drive, 940 feet more or less west of Alicia Drive. The proposed zoning classification change to B-2 Community Business District is for general commercial land use. The Comprehensive Plan recormnends use of this parcel for urban medium low density residential at densities that are compatible with multi-family use in accordance with other plan policies. Said parcel is located at 4847 Dolton Drive and contains 36,024 square feet. KEMPSFILLE BOROUGH. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert I~ Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Nancy I~ Parker and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf April 27, 1993 Item llI-J.l.d. PUBLIC HEARING ~EM#36~6 PLANNING BY CONSENT Upon motion by Councilman Clyburn, seconded by Council Lady Parker, City Council ADOPTED Ordinance upon application of LARRY B. SLIPOW for a Change of Zoning District Classification: ORDINANCE UPON APPLICATION OF lARRY B. SLIPOW FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM B-1 TO R-10 Z04931384 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Larry B. Slipow for a Change of Zoning District Classification from B-1 Neighborhood Business District to R-lO Residential District at the southern extremity of Morgan Meadow Court beginning at a point 500 feet more or less northeast of Princess Anne Road. The proposed zoning classification change to R-10 Residential District is for medium density single family residential land use at a density no greater than 4 dwelling units per acre. The Comprehensive Plan recommends use of this parcel for suburban medium density residential at densities that are compatible with single-family use in accordance with other plan policies. Said parcel is Lot 45A, Princess Anne Crossings and contains 10,000 square feet. PRINCESS ANNE BOROUGH. This Ordinance shall be effective in accordance with Section 107 (19 of the Zoning Or&nance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twen~_ -seventh of April. Nineteen Hundred and Ninety-Three. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Nancy I~ Parker and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf April 27, 1993 - 26 - Item IlI-J. 1. e. PUBLIC HEARING ~EM #36~7 PLANNING BY CONSENT Upon motion by Councilman Clyburn, seconded by Council Lady Parker, City Council ADOPTED Ordinance upon application of R.T.R., INC., for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF R.T.I~, INC. FOR A CONDITIONAL USE PERMIT FOR MOTOR VEHICLE SALES R04931814 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of R.T.R., Inc. for a Conditional Use Permit for motor vehicle sales on the south side of Indian River Road, 440 feet more or less west of Providence Road. Said parcel is located at 6217 Indian River Road and contains 20,046.54 square feet. KEMPSVILLE BOROUGH. The following conditions shall be required: A stormwater management plan meeting the City's Stormwater Management Ordinance and the Chesapeake Bay Preservation Area Ordinance shall be submitted during site plan review. The existing curb cuts on the site shall be used for ingress and egress. Hours of operation of this facility shall be within 9:00 AM and 9:00 PM. A plan is to be submitted to the Design Review Committee addressing landscaping and design amenities. The OWNER OR LEGAL REPRESENTATIVE of the Owner, has reviewed the conditions for APPROVAL and has signed a STATEMENT OF CONSENT. Said STATEMENT OF CONSENT is hereby made a part of the proceedings. This Ordinance shall be effective in accordance with Section 107 69 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twen~_ -seventh of April, Nineteen Hundred and Ninety-Three. April 2 7, 1993 - 27 - Item IlI-J.l.d. PUBLIC HEARING ITEM # 36737 (Continued) PLANNING BY CONSENT Voting: 10-0 Council Members Voting Aye: John ,4. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Nancy IC Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members ,4bsent: Mayor Meyera E. Oberndorf ,4pril 27, 1993 STATEMENT OF CONSENT APPLICANT: R. T. R., INC. APPLICATION: Conditional Use Permit - Indian River Road/Providence Road (KEMPSVILLE BOROUGH) DESCRIPTION: Motor vehicle sales CITY COUNCIL SESSION: April 27, 1993 THE UNDERSIGNED OWNER OR LEGAL REPRESENTATIVE FOR THE OWNERS, (or Agent for the Owner), HAS REVIEWED THE CONDITIONS FOR APPROVAL (REQUIREMENTS) RECOMMENDED BY THE VIRGINIA BEACH PLANNING COMMISSION TO THE VIRGINIA BEACH CITY COUNCIL FOR AFFIRMATIVE ACTION ON THIS DATE AS THEY APPLY TO THE REFERENCED APPLICATION FOR AMENDMENT TO THE ZONING MAP OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AND HEREBY ACCEPTS AND AGREES TO: , . . . A stormwater management plan meeting the City's Stormwater Management Ordinance and the Chesapeake Bay Preservation Area Ordinance shall be submitted during site plan review. The existing curb cuts on the site shall be used for ingress and egress. Hours of operation of this facility shall be within 9:00 AM and 9:00 PM. A plan is to be submitted to the Design Review Committee addressing landscaping and design amenities. Attorney/Agent Owner - 28 - Item III-J. l:f. PUBLIC HEARING ITEM # 36738 PIatNNING BY CONSENT Upon motion by Councilman Clyburn, seconded by Council Lady Parker, City Council ADOPTED an Ordinance upon application of IDS/SHURGARD INCOME GROWTH PARTNERS, L~P. for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF IDS/SHURGARD INCOME GROWTH PARTNERS, L.P. FOR A CONDITIONAL USE PERMIT R04931815 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of IDS/Shurgard Income Growth Partners, L.P., for a Conditional Use Permit for truck rentals on the east side of South Military Highway, 130 feet more or less north of Alexandria Avenue. Said parcel is located at 788 South Military Highway and contains 2. 757 acres. KEMPSVILLE BOROUGH. The following conditions shall be required: 1. This permit is four (4) rental trucks. 2. A maximum of two (2) twenty-four (24)-foot long rental trucks shall be parked within the premises of the property at any given time. No rental truck shall be parked on the front side of the property facing Military Highway. The OWNER OR LEGAL REPRESENTATIVE of the Owner, has reviewed the conditions for APPROVAL and has signed a STATEMENT OF CONSENT. Said STATEMENT OF CONSENT is hereby made a part of the proceedings. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twen~_ -seventh o. f April. Nineteen Hundred and Ninety-Three. April 27, 1993 - 29 - Item IV-J. 1. f. PUBLIC HEARING ITEM # 36738 (continued) PLANNING BY CONSENT Voting: 10-0 Council Members Voting Aye: John ,4. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Nancy IC Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members ,4bsent: Mayor Meyera E. Oberndorf April 2 7, 1993 STATEMENT OF CONSENT APPLICANT: IDS/SHURGARD INCOME GROWTH PARTNERS, LP. APPLICATION: DESCRIPTION: CITY COUNCIL SESSION: Conditional Use Permit - South Military Highway/Alexandria Avenue (KEMPSVILLE BOROUGH) Truck rentals April 27, 1993 THE UNDERSIGNED OWNER OR LEGAL REPRESENTATIVE FOR THE OWNERS, (or Agent for the Owner), HAS REVIEWED THE CONDITIONS FOR APPROVAL (REQUIREMENTS) RECOMMENDED BY THE VIRGINIA BEACH PLANNING COMMISSION TO THE VIRGINIA BEACH CITY COUNCIL FOR AFFIRMATIVE ACTION ON THIS DATE AS THEY APPLY TO THE REFERENCED APPLICATION FOR AMENDMENT TO THE ZONING MAP OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AND HEREBY ACCEPTS AND AGREES TO: , . . This permit is four (4) rental trucks. A maximum of two (2) twenty-four (24)-foot long rental trucks shall be parked within the premises of the property at any given time. No rental truck shall be parked on the front side of the property facing Military Highway. By: ~-Attorne~/-Agen''n-fJ Date: Owner - 30 - [tCt~ llI-J.l.g. PUBLIC HEARING ITEM # 36739 PLANNING BY CONSENT Upon motion by Councilman Clyburn, seconded by Council Lady Parker, City Council ADOPTED the application of MR. d. ND MRS. JOHN MEINHART for the enlargement of a non-conforming use of a single-family unit. Application of Mr. and Mrs. John Meinhart for the enlargement of a nonconforming use on the south side of 20th Street, 200 feet east of Mediterranean Avenue. Said parcel is located at 512 20th Street. VIRGINIA BEACH BOROUGH. More detailed information is available in the Planning Department. Resolution authorizing the Enlargement of a nonconforming use located at 512 20th Street, property of Mr. and Mrs. John Meninhart, Borough of Virginia Beach. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Nancy IC Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf April 27, 1993 RESOLUTION AUTHORI ZING THE ENLARGEMENT OF A NONCONFORMING USE LOCATED AT 512 20TH STREET, PROPERTY OF MR. AND MRS. JOHN MEINHART, BOROUGH OF VIRGINIA BEACH 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 WHEREAS, Mr. and Mrs. John Meinhart, hereinafter referred to as the Applicants, are the owners of a single-family dwelling located at 512 20th Street, Borough of Virginia Beach, in the RT-3 Resort Tourist District; and WHEREAS, the Applicant desires to enlarge the said single-family dwelling by constructing an addition to it and a detached garage; 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 RT-3 Resort Tourist 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 Applicants, as enlarged, and the construction of a detached garage, would be equally appropriate to the zoning distric= 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 and the construction of a detached garage in 32 33 34 35 accordance with the plans submitted in connection with the application. ADOPTED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, ON THIS 27 DAY OF April , 1993. 36 37 38 39 CA-5107 ORDIN \NONCODE \MEI NHART . RES R-1 PREPARED: 04/20/93 APPROVED AS TO CO.,', ~ SIGr,IATU;~L . - 31 - Item lV-J. 2. a. PUBLIC HEARING ITEM # 36740 PLANNING The following registered in OPPOSITION but and were not opposed to the DEFERRAL: Geoff McFather, 2712 Cantwell Road, Phone: 427-1164, represented the Courthouse Farms Civic League. Chuck Traub III, 78 Glasgow Court, Phone: 340-9056 Barry Supersano, represented the Princes Anne Crossing Civic League Association David Beemer, represented the Christopher Farms Civic Association Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925 Upon motion by Councilman Dean, seconded by Councilman Moss, City Council DEFERRED INDEFINITELY Ordinances upon application of LAKE RIDGE ASSOCIATES for Conditional Change of Zoning District Classifications and a Conditional Use Permit: AND, ORDINANCE UPON APPLICATION OF Ia4KE RIDGE ASSOCIATES FOR A CONDITIONAL CHANGE OF ZONING DISTRICT CLASSIFICATION FROM B-2 TO H-1 Ordinance upon application of Lake Ridge Associates for a Conditional Change of Zoning District Classification from B-2 Community Business District to H-1 Hotel District on certain property located 350 feet southwest of Princess Anne Road beginning at a point 4600 feet more or less southeast of Landstown Road. The proposed zoning classification change to H-1 Hotel District is for hotel land use. The Comprehensive Plan recommends use of this parcel for agricultural land use or uses in accordance with the policies of Transition Area I. Said parcel contains 15 acres. PRINCESS ANNE BOROUGH. ORDINANCE UPON APPLICATION OF LAKE RIDGE ASSOCIATES FOR A CONDITIONAL CHANGE OF ZONING DISTRICT CLASSIFICATION FROM B-2 TO P-1 Ordinance upon application of Lake Ridge Associates for a Conditional Change of Zoning District Classification from B-2 Community Business District to P-1 Preservation District on the following parcels: Parcel 1: Beginning at a point 4150 feet more or less northeast of the intersection of Landstown Road and Salem Road. Parcel 2: Beginning at a point 5100 feet more or less northeast of the intersection of Landstown Road and Salem Road. Parcel 3: Beginning at a point 5700 feet more or less southeast of the intersection of Landstown Road and Princess Anne Road. Parcel 4: Beginning at a point 6050 feet more or less southeast of the intersection of Landstown Road and Princess Anne Road. Parcel 5: Beginning at a point 6600 feet more or less southeast of the intersection of Landstown Road and Princess Anne Road. The proposed zoning classification change of P-1 Preservation District is for preservation land use. The Comprehensive Plan recommends use of this parcel for agricultural land use or uses in accordance with the policies of Transition Area I. Said parcels contain 32.4 acres. PRINCESS ANNE BOROUGH. April 2 7, 1993 Item IV-J.2. a. PUBLIC HEARING ITEM # 36740 (Continued) PLANNING ORDINANCE UPON APPLICATION OF LAKE RIDGE ASSOCIATES FOR A CONDITIONAL CHANGE OF ZONING DISTRICT CLASSIFICATION FROM B-2 to 0-2 Ordinance upon application of Lake Ridge Associates for a Conditional Change of Zoning District Classification from B-2 Community Business District to 0-2 Office District on the following parcels: Parcel I: Located on the northeast side of Princess Anne Road beginning at a point 4500 feet more or less southeast of the intersection of Princess Anne Road and Landstown Road ExtendecL Parcel 2: Located at 4500 feet more or less southeast of Landstown Road extended beginning at a point 350 feet southeast of Princess Anne Road. Parcel 3: Beginning at a point 3410 feet more or less northwest of the intersection of North Landing Road and West Neck Road. The proposed zoning classification change to 0-2 Office District is for office land use. The Comprehensive Plan recommends use of this parcel for agricultural land use or uses in accordance with the policies of Transition Area I. Said parcels contain 41.3 acres. PRINCESS ANNE BOROUGH. AND, ORDINANCE UPON APPLICATION OF LAKE RIDGE ASSOCIATES FOR A CONDITIONAL CHANGE OF ZONING DISTRICT CLASSIFICATION FROM B-2 TO R-10 Ordinance upon application of Lake Ridge Associates for a Conditional Change of Zoning District Classification from B-2 to R-lO Residential District on the following parcels: Parcel 1: Beginning at a point 4400 feet more or less northeast of the intersection of Landstown Road and Salem Road. Parcel 2: Beginning at a point 4910 feet more or less southeast of the intersection of Landstown Road and Princess Anne Road. The proposed zoning classification change to R-10 Residential district is for single-family residential land use at a density no greater than 3 dwelling units per acre. The Comprehensive Plan recommends use of this parcel for agricultural land use or uses in accordance with the policies for Transition Area I. Said parcels contain 68.1 acres. PRINCESS ANNE BOROUGH. AND, ORDINANCE UPON APPLICATION OF LAKE RIDGE ASSOCIATES FOR A CONDITIONAL CHANGE OF ZONING DISTRICT CLASSIFICATION FROM H-1 TO 0-2 Ordinance upon application of a Conditional Change of Zoning District Classification from H-1 Hotel District to 0-2 Office District on certain property located 4120 feet more or less southeast of the intersection of Princess Anne Road and Landstown Road. The proposed zoning classification change of 0-2 Office is for office land use. The Comprehensive Plan recommends use of this parcel for agricultural land use or uses in accordance with the policies of Transition Area I. Said parcel contains 9.8 acres. PRINCESS ANNE BOROUGH. April 27, 1993 - 33 - Item IV-J.Z a. PUBLIC HEARING ITEM # 36740 (Continued) PLetNNING ORDINANCE UPON APPLICATION OF LAKE RIDGE ASSOCIATES FOR A CONDITIONAL CHANGE OF ZONING DISTRICT CLASSIFICATION FR OM H- 1 TO R- 10 Ordinance upon application of Lake Ridge Associates for a Conditional Change of Zoning District Classification from H-1 Hotel District to R- IO Residential District on certain property located 4900 feet more or less southeast of the intersection of Landstown Road and Princess Anne Road. The proposed zoning classification change to R-lO Residential District is for single family residential land use at a density no greater than 3 dwelling units per acre. The Comprehensive Plan recommends use of this parcel for agricultural land use or uses in accordance with the policies for Transition Area I. Said parcel contains 5.2 acres. PRINCESS ANNE BOROUGH. AND, ORDINANCE UPON APPLICATION OF LAKE RIDGE ASSOCIATES FOR A CONDITIONAL CHANGE OF ZONING DISTRICT CLASSIFICATION FROM 0-2 TO B-2 Ordinance upon application of Lake Ridge Associates for a Conditional Change of Zoning District Classification from 0-2 Office District to B-2 Community Business District on the following parcels: Parcel 1: Beginning at a point 1100 feet more or less southwest of the intersection of Landstown Road and Princess Anne Road. Parcel 2: Beginning at a point 2700 feet more or less northwest of the intersection of North Landing Road and West Neck Road. The proposed zoning classification change to B-2 Community Business District is for commercial land use. The Comprehensive Plan recommends use of this parcel for agricultural land use or uses in accordance with the policies of Transition Area I. Said parcels contain 167 acres. PRINCESS ANNE BOROUGH. April 27, 1993 Item IV-J. 2. a. PUBLIC HEARING ITEM # 36740 (Continued) PLANNING ORDINANCE UPON APPLICATION OF LAKE RIDGE ASSOCIATES FOR A CONDITIONAL CHANGE OF ZONING DISTRICT CLASSIFICATION FROM 0-2 TO P-1 Ordinance upon application of Lake Ridge Associates for a Conditional Change of Zoning District Classification from 0-2 Office District to P-1 Preservation District on the following parcels: Parcel 1: Beginning at a point 3350 feet more or less southeast of the intersection of Landstown Road and Princess Anne Road. Parcel 2: Beginning at a point 4300 feet more or less south of the intersection of Landstown Road and Princess Anne Road. Parcel $: Beginning at a point 3210 feet more or less south of the intersection of Landstown Road and Princess Anne Road. Parcel 4: Beginning at a point 3750 feet more or less northeast of the intersection of Landstown Road and Salem Road. Parcel ,5: Beginning at a point 4950 feet more or less southeast of the intersection of Landstown Road and Princess Anne Road. Parcel 6: Beginning at a point 5500 feet northeast of the intersection of North landing Road and West Neck Road. The proposed zoning classification change to P-1 Preservation District is for preservation land use. The Comprehensive Plan recommends use of this parcel for agricultural land use or uses in accordance with the policies of Transition Area L Said parcels contain 90 acres. PRINCESS ANNE BOROUGH. AND, ORDINANCES UPON APPLICATION OF LAKE RIDGE ASSOCIATES FOR A CONDITIONAL CHANGE OF ZONING DISTRICT CLASSIFICATION FROM 0-2 TO R-lO Ordinance upon application of Lake Ridge Associates for a Conditional Change of District Classification from 0-2 office District to R-lO Residential District on the following parcels: Parcel 1: Beginning at a point 4500 feet more or less north of the intersection of Landstown Road and Salem Road. Parcel 2:Beginning at a point 2650 feet more or less southeast of the intersection of Landstown Road and Princess Anne Road. Parcel $: Beginning at a point 3500 feet more or less southwest of the intersection of Landstown Road and Princess Anne Road. Parcel 4: Beginning at a point 3300 feet more or less southwest of the intersection of Landstown Road and Princess Anne Road. Parcel 5: Beginning at a point 3200 feet more or less southwest of the intersection of Landstown Road and Princess Anne Road. Parcel 6: Beginning at a point 3900 feet more or less northeast of the intersection of Landstown Road and Salem Road. Parcel 7: Beginning at a point 3450 feet more or less northeast of the intersection of Landstown Road and Salem Road. Parcel 8: Beginning at a point 4930 feet more or less south of the intersection of Landstown Road and Princess Anne Road. Parcel 9: Beginning at a point 5100 feet more or less northwest of the intersection of North Landing Road and West Neck Road. The proposed zoning classification change to R-lO Residential District is for single family residential land use at a density no greater than 3 dwelling units per acre. The Comprehensive plan recommends use of this parcel for agricultural land use or uses in accordance with the policies of Transition Area I. Said parcels contain 125.9 acres. PRINCESS ANNE BOROUGH. April 27, 1993 - 35 - Item II/-J'.2. a. PUBLIC HEARING ITEM # 36740 (Continued) PLANNING ORDINANCE UPON APPLICATION OF LAKE RIDGE ASSOCIATES FOR A CONDITIONAL CHANGE OF ZONING DISTRICT CLASSIFICATION FROM P-1 TO 0-2 Ordinance upon application of Lake Ridge Associates for a Conditional Change of Zoning District Classification from P-1 Preservation District to 0-2 Office District on the following parcels: Parcel 1: Beginning at a point 3100 feet more or less northeast of the intersection of Landstown Road and Salem Road. Parcel 2: Located on the east side of Landstown Road beginning at a point 2950 feet southeast of the intersection of Landstown Road and Princess Anne Road. The proposed zoning classification change of 0-2 Office District is for office land use. The Comprehensive Plan recommends use of this parcel for agricultural land use or uses in accordance with the policies of Transition Area L Said parcels contain 47.1 acres. PRINCESS ANNE BOROUGH. AND, ORDINANCE UPON APPLICATION OF LAKE RIDGE ASSOCIATES FOR A CONDITIONAL CHANGE OF ZONING DISTRICT CLASSIFICATION FR OM P- 1 TO R - 10 Ordinance upon application of Lake Ridge Associates for a Conditional Change of Zoning District Classification from P-1 Preservation District to R-lO Residential District on the following parcels: Parcel 1: Beginning at a point 3950 feet more or less northeast of the intersection of Landstown Road and Salem Road. Parcel 2: Beginning at a point 3200 feet more or less northeast of the intersection of Landstown Road and Salem Road. Parcel 3: Beginning at a point 2300 feet more or less northeast of the intersection of Landstown Road and Salem Road. The proposed zoning classification change to R-lO Residential District is for single family residential land use at a density no greater than 3 dwelling units per acre. The Comprehensive Plan recommends use of this parcel for agricultural land use or uses in accordance with the policies for Transition Area I. Said parcels contain 61.9 acres. PRINCESS ANNE BOROUGH. ORDINANCE UPON APPLICATION OF LAKE RIDGE ASSOCIATES FOR A CONDITIONAL CHANGE OF ZONING DISTRICT CLASSIFICATION FR OM R- 10 TO 0- 2 Ordinance upon application of Lake Ridge Associates for a Conditional Change of Zoning District Classification from R-lO Residential District to 0-2 Office District on the following parcels: Parcel 1: Beginning at a point 2200 feet more or less northwest of the intersection of Landstown Road and Salem Road. Parcel 2: Beginning at a point 2650 feet more or less northeast of the intersection of Landstown Road and Salem Road. Parcel 3: Beginning at a point 3770 feet more or less northeast of the intersection of Landstown Road and Salem Road. The proposed zoning classification change to 0-2 Office District is for office land use. The Comprehensive Plan recommends use of this parcel for agricultural land use or uses in accordance with the policies of Transition Area I. Said parcels contain 10. 7 acres. PRINCESS ANNE BOROUGH. April 27, 1993 - 36 - Item 1V-J.2. a. PUBLIC HEARING ITEM # 36740 (Continued) PLANNING ORDINANCE UPON APPLICATION OF LAKE RIDGE ASSOCIATES FOR A CONDITIONAL CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-lO TO P-1 Ordinance upon application of Lake Ridge Associates for a Conditional Change of Zoning District Classification from R-lO Residential District to P-1 Preservation District on the following parcels: Parcel 1: Beginning at a point 4500 feet northeast of the intersection of Landstown Road and Salem Road. Parcel 2: Beginning at a point 3300 feet more or less southwest of the intersection of Landstown Road and Princess Anne Road. The proposed zoning classification change to P-1 Preservation District is for preservation land use. The Comprehensive Plan recommends use of this parcel for agricultural land use or uses in accordance with the policies of Transition Area I. Said parcels contain 20.2 acres. PRINCESS ANNE BOROUGH. AND, ORDINANCE UPON APPLICATION OF LAKE RIDGE ASSOCIATES FOR A CONDITIONAL USE PERMIT FOR A GOLF COURSE ON CERTAIN PARCELS Ordinance upon application of Lake Ridge Associates for a Conditional Use Permit for a golf course on certain parcels beginning at a point 5450 feet more or less northwest of the intersection of North Landing Road and West Neck Road. Said parcel contains 170. 7 acres. PRINCESS ANNE BOROUGH. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W.. Brazier, Jr., Robert W. Clyburn, Robert I~ Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Nancy I~ Parker and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf April 27, 1993 - 37 - Item IV-J.Z b. PUBLIC HEARING ITEM # 36741 PLANNING Randy Royal, Engineering Services, Phone: 468-6800, represented the applicant Upon motion by Councilman Clyburn, seconded by Councilman Brazier, City Council ADOPTED an Ordinance upon application of WESTWOOD HILL BAPTIST CHURCH for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF WESI~OOD HILL BAPTIST CHURCH FOR A CONDITIONAL USE PERMIT FOR A CHURCH (EXPANSION) R04931816 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Westwood Hill Baptist Church for a Conditional Use Permit for a church (expansion) at the northwest corner of Providence Road and Woodstock Road. Said parcel is located at 865 Woodstock Road and contains 5.95 acres. KEMPSVILLE BOROUGH The following conditions shall be required: 1. No parking area or any impervious cover shall be located within the Resource Protection Area. 2. The applicant shah work with City staff prior to the submission of a final site plan to preserve as many trees as possible. A stormwater management facility meeting the requirements of the City's Stormwater Management Ordinance and Chesapeake Bay Preservation Area Ordinance shall be installed within the property. This ordinance shah be effective in accordance with Section 107 (JO of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-seventh of April. Nineteen Hundred and Ninety-Three. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Nancy IC Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf April 27, 1993 - 38 - Item IV-J. 2. c. PUBLIC HEARING ITEM # 36742 PLANNING Attorney 1~ Edward Bourdon, Pembroke One, Fifth Floor, represented the applicant The following registered in OPPOSITION: Glenn Tainter, 2140 Kenwood Drive, Phone: 427=1929, represented the Courthouse/Sandbridge coalition of Civic Organizations Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925 A motion was made by Councilman Dean, seconded by Councilman Moss to DENY Ordinances upon application of EIGHT D CORP. for a Change of Zoning District Classification and a Conditional Use Permit. Upon SUBSTITUTE MOTION by Councilman Branch, seconded by Councilman Lanteigne, City Council ADOPTED Ordinances upon application of EIGHT D CORP. for a Change of Zoning District Classification and a Conditional Use Permit: ORDINANCE UPON APPLICATION OF EIGHT D CORP., A VIRGINIA CORPORATION FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-2 TO B-2 Z04931385 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Eight D Corp., a Virginia Corporation for a Change of Zoning District Classification from AG-2 Agricultural District to B-2 Community Business District on certain property located at the northeast corner of General Booth Boulevard and Culver Lane. The proposed zoning classification change to B-2 Community Business District is for community-wide commercial land use. The Comprehensive Plan recommends use of this parcel for medium density single-family residential land use at densities that are compatible with single-family use in accordance with other plan policies. The Plan also allows for neighborhood office land use if standards outlined in the Courthouse- Sandbridge chapter of the Plan are adhered to. Said parcel contains 2.2 acres. PRINCESS ANNE BOROUGH. AND, ORDINANCES UPON APPLICATION OF EIGHT D CORP., A VIRGINIA CORPORATION FOR A CONDITIONAL USE PERMIT FOR AN AUTOMOBILE SERVICE STATION R04931817 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Eight D Corp., a Virginia Corporation for a Conditional Use Permit for an automobile service station and car wash on certain property located at the northeast corner of General Booth boulevard and Culver Lane. Said parcel contains 2.2 acres. PRINCESS ANNE BOROUGH. The following condition shall be required: Prior to detailed site plan approval, the applicant shall meet with the Design Advisory Group for consultation to ensure architectural and aesthetical compatibility with the surrounding community. April 27, 1993 - 39 - Item IV-J.2. c. PUBLIC HEARING ITEM # 36742 (Continued) PLANNING This Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-seventh of .4pril, Nineteen Hundred and Nin¢ff_ -Three. Voting: 6-4 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James IV.. Brazier, Jr., Robert W. Clyburn, Paul J. Lanteigne and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: Robert I~ Dean, Louis R. Jones, John D. Moss and Nancy I~ Parker Council Members Absent: Mayor Meyera E. Oberndorf April 2 7, 1993 IrO~M NO F~ 5 lB [ TER-OFFZ¢E ¢OREESPON1)ENCE In Reply Please Refer to DF-3356 DATE: April 21, 1993 TO: Leslie L. Lilley DEPT: Gary L. Fentress~/ FROM: DEPT: EIGHT D CORPORATION Proffer Agreement City Attorney City Attorney Enclosed is a copy of the proffer agreement submitted by the referenced applicant. The proffer agreement is acceptable as to legal form. GLF/dhh Enclosure EIGHT D CORPORATION, a Virginia corporation TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH THIS AGREEMENT, made this 16th day of March, 1993, by and between EIGHT D CORPORATION, a Virginia corporation, GRANTOR, party of the first part, and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, GRANTEE, party of the second part. W I TNE S SETH WHEREAS, GRANTOR is the owner of a certain parcel of property located in the Princess Anne Borough of the City of Virginia Beach, containing approximately two and two hundred thirteen thousandths of an acre (2.213) and described in Exhibit "A" attached hereto and incorporated herein by this reference, said property hereinafter referred to as the "Property"; and WHEREAS, the GRANTOR has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the GRANTEE so as to change the Zoning Classification of the Property from AG-2 Agricultural District to B-2 Community Business District; and WHEREAS, the GRANTEE'S policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the GRANTOR acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the ES¢^..ES.OO,~O. GRANTOR'S proposed re-zoning, certain reasonable conditions ~ERN & SHAPIRO ~ C ATTORNEYS AT LAW governing the use of the Property for the protection of the community that are not generally applicable to land similarly (ES CARNES BOUROON ,I.~ERN & SHAPIRO ATTORNEYS AT zoned are needed to resolve the situation to which the GRANTOR'S re-zoning application gives rise; and WHEREAS, the GRANTOR has voluntarily proferred, 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 with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the re-zoning and the need for which is generated by the re-zoning. NOW, THEREFORE, the GRANTOR, its successors, personal representatives, assigns, GRANTEES, and other successors in title or interest, voluntarily and without any requirement by or exaction from the GRANTEE or its governing body and without any element of compulsion or guid pro guo for zoning, re-zoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the GRANTOR, their successors, personal representatives, assigns, GRANTEES, and other successors in interest or title: 1. All outdoor lights shall be shielded to direct light and glare onto the premises. Said lighting and glare shall be deflected, shaded and focused away from all adjoining property. 2. No business shall be permitted to operate on the premises in addition to gasoline sales in conjunction with a convenience store and a car wash/detailing facility. - 2 - 3. The only uses which will be permitted in place of gasoline sales in conjunction with a convenience store or a car wash/detailing facility are: a) Business studios, office and clinics; b) Financial institutions; c) Medical and dental offices; d) Public buildings and grounds. 4. The site plan prepared by Talbot Group, Ltd., dated February 15, 1993, entitled "Culver Lane Convenience Center" and those right-of-way dedications for Culver Lane and General Booth Boulevard depicted thereon, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning, shall be substantially adhered to so that there shall be coordinated design and development of the site in terms of access, circulation, parking, landscaping, best management practices as landscape features, lighting, signs setback and building location consistent with or superior to the applicable Design Standards for General Booth Boulevard contained in the Comprehensive Plan. 5. Building materials used to construct visible exterior surfaces of the structures depicted on the site plan shall be primarily either brick, stone, stone faced block, stucco or wood. 6. Other than signage which may contain "trademark" colors all other structures depicted on the site plan shall utilize earth tone color schemes consistent with the abundance of proffered landscaping. All references hereinabove to AG-2 and B-2 Districts as well as the Design Standards for General Booth Boulevard and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the 15th KES¢^,.ES.OU,~O. day of February, 1993, which are by this reference incorporated · ~ERN & $~^PlRO P C ATTORNEYS AT LAW herein. - 3 - :$ CARNES BOURI)ON ~ERN & SHAPIRO ATTORNEYS AT LAW The above conditions, having been proferred by the GRANTOR and allowed and accepted by the GRANTEE as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the GRANTEE in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the GRANTEE, after a public hearing before the GRANTEE which was advertised pursuant to the provisions of Section 15.1-431 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The GRANTOR covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied, and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any - 4 - of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the GRANTOR shall petition the governing body for the 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 Property, and the ordinances 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 they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the GRANTOR and the GRANTEE. WITNESS the following signatures and seals: EIGHT D CORPORATION, a Virginia corporation (SEAL) President STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: The foregoing instrument was acknowledged before me this 16th day of March, 1993, by William R. Malbon, President of Eight D Corporation, on behalf of said corporation. Commission Expires: ~/~,/4'~/ My '(ES. CARNES BOUROON %HERN & SHAPIRO P C A?TOR~IE¥S AT t. AW 3492i · - 5 - PARCEL ALL THAT certain lot, piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, and being known and designated as "R.H. Owens," as shown on plat recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 23, at page 83, and being more particularly described as follows: Beginning at a pin on the Southern side of the Courthouse Road, which pin is North 54 degrees and 50 minutes East 165 feet from a pipe in the dividing line between the property hereby conveyed and the property of E. C. Culver (formerly Sheppard) and proceeding thence South 69 degrees and 30 minutes East 86.2 feet to a pin; thence along the same course 291.9 feet to a pin; thence turning and running South 20 degrees and 30 minutes West 106.23 feet to a pipe on the Northern line of a 30 foot right of way between the property hereby conveyed and the property of E. C. Culver; thence running along the 30 foot right of way North 69 degrees and 30 minutes West 356.9 feet to the Southern line of Courthouse Road; thence North 54 degrees and 51 minutes East 135 feet, more or less, to a pin at point of beginning, SAVE AND EXCEPT AND EXPRESSLY EXCLUDING that portion of the property heretofore conveyed and/or dedicated for the widening of General Booth Boulevard by instruments recorded in the Clerk's Office aforesaid in Deed Book 2263, at page 99, and in Deed Book 2255, at page 1530, reference being made to the plat recorded in Map Book 164, at page 49, in the Clerk's Office aforesaid, for a more particular description of the said excepted and excluded land. ~ES CARNES BOURDON ,HERN & SHAPIRO P ATTORNEYS AT t. AW PARCEL II: ALL THAT certain lot, piece or parcel of land, being known, numbered and designated as Parcel "A" on the plat of Property of H. C. White, Sr., Located near Dam Neck in the City of Virginia Beach, Virginia, formerly the County of Princess Anne, made by W. B. Gallup, County Surveyor, said plat being duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, in Deed Book 530 at page 101 (erroneously referred to in previous deed as Map Book 16 at page 25. LESS AND EXCEPT that portion of the above described property, which is now known as Parcel 034, designated and described as: TAKE AREA = 2,130.335 SQ. FT. - 0.04891 AC." as shown on that certain plat entitled: "PLAT OF PARCEL 034 - GENERAL BOOTH BOULEVARD - PROPERTY OF WILLIAM D. & ANN M. OSBORNE, D. B. 856, PG. 52, D.B. 530, PG. 101 (PLAT), T/W ACQUISITION PLAT FOR PARCEL - GENERAL BOOTH BOULEVARD - PHASE I - FOR CITY OF VIRGINIA BEACH, SCALE: 1"=50', TALBOT & ASSOCIATES, LTD., ENGINEERS, SURVEYORS, PLANNERS, ARCHITECTS, P. O. BOX 2224, VIRGINIA BEACH, VA. 23452." Said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, in Map Book 116 at Page 37. PARCEL III: ALL THAT certain lot, piece or parcel of land, located in Seaboard Magisterial District, Virginia Beach, Virginia, and bounded and described as follows: BEGINNING at a point located on the south side of State Highway No. 615, which point marks the common boundary of the property hereby conveyed and the property of Reggie Capps, and from the point thus established running N 57" 08' E and along the south side of said highway a distance of 150 feet to a point; running thence S 32" 52' E a distance of 200 feet to a point; thence running south 57° 08' W a distance of 16.95 feet to a point; thence running N 66" 30' W a distance of 240.21 feet to the point or place of beginning. The property hereby conveyed being shown on a plat of the same entitled, "Survey of site on Route No. 615, Princess Anne County Virginia, for H. C. White, Jr.," recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map book 41 at Page 45. LESS AND EXCEPT that portion of the above described property now known as Parcel 035, designated and described as: "TAKE AREA = 4654.367 SQ. FT. - 0.107 AC." as shown on that certain plat entitled: "PLAT OF PARCEL 035 - GENERAL BOOTH BOULEVARD - PROPERTY OF WILLIAM D. & ANN M. OSBORNE, D.B. 1728, PG. 577, M.B. 41, PG.45, R/W ACQUISITION PLAT FOR PARCEL - GENERAL BOOTH BOULEVARD - PHASE I - FOR CITY OF VIRGINIA BEACH, SCALE: 1"=50', TALBOT & ASSOCIATES, LTD., ENGINEERS, SURVEYORS, PLANNERS, ARCHITECTS, P. O. BOX 2224, VIRGINIA BEACH, VA 23452." Said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach in Map Book 166, at page 37. 3515i <ES C&RNE$ BOURDON ~HERN & SHAPIRO P C AT'I'(WINEY$ AT LAW - 2 - Item B/-~.2. d. PUBLIC HEARING ITEM # 36743 PLANNING The following registered in SUPPORT of the application: Attorney Henry Howell, III, Suffe 200, 3330 Pacific Avenue, Phone: 425-6733, represented the applicant J. L. Bilisoly, of Harvey Lindsey and Company, 1063 Manchester Avenue, Phone: 640-8700 The following registered in OPPOSITION: Diane S. Bennett, 123 Gallant Fox Road, Phone: 491-1297 Carol Schwab, 5601 Princess Anne Road, Phone: 497-8750. Mr.s. Schwab presented petitions containing 250 signatures in OPPOSITION to the application, which are hereby made a part of the record. Upon motion by Councilman Clyburn, seconded by Councilman Branch, City Council ADOPTED an Ordinance upon application of BARRY S. BEHRMAN for a Conditional Use Permit: ORDI~VANCE UPON APPLICATION OF BARRY S. BEHRMAN FOR A CONDITIONAL USE PERMIT FOR A COMMERCIAL RECREATIONAL FACILITY (FAMILY BILLIARDS) R04931818 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Barry S. Behrman for a Conditional Use Permit for a commercial recreational facility (family billiards) and an eating and drinking establishment on the east side of Princes Anne Road, 300 feet more or less south of Parliament Drive. Said parcel is located at 5612-B Princess Anne Road and contains 9.86 acres. KEMPSVILLE BOROUGH. The following conditions shall be required: 1. No customer parking shall be allowed behind the facility. 2. The establishment is to be closed at 2:00 AM. 3. Parking lot security is to be provided for a minimum of one (1) hour after closing. This Ordinance shall be effective in accordance with Section 107 69 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twen~. -seventh of April, Nineteen Hundred and Ninety-Three. April 27, 1993 - 41 - Item IV-J. 2. d. PUBLIC HEARING ITEM # 36743 (Continued) PLANNING Voting: 6-4 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert W. Clyburn, Louis R. Jones, John D. Moss and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: James W. Brazier, Jr., Robert IC Dean, Paul J. Lanteigne and Nancy Parker Council Members Absent: Mayor Meyera E. Oberndorf April 27, 1993 Item IV-K. 1. APPOINTMENTS ITEM # 36744 BY CONSENSUS, City Council RE, SCHEDULED the following APPOINTMENT: FRANCIS LAND HOUSE BOARD OF DIRECTORS April 27, 1993 UNFINISHED BUSINESS ITEM # 36745 ADD-ON Councilman Moss referenced the Ordinance to AMEND and REORDAIN Article II, Chapter 4 of the Code of the City of Virginia Beach, Virginia re public dance halls and teenage nightclubs, ADOPTED by the Council of the City of Virginia Beach, Virginia, on March 23, 1993. Councilman Moss had requested the City staff provide a map illustrating properties, which would be suitable for a Teen Club, not within 500 feet of a retail establishment which had either On or Off ABC license. Councilman Moss requested this information be provided by May. April 27, 1993 UNFINISHED BUSINESS ITEM # 36746 ADD -ON Councilman Moss advised attending the Third Tunnel Crossing Regional Commission Meeting. The Monitor-Merrimac Tunnel only took 6% of the traffic off the Hampton Bridge Tunnel RFP Bids are now out for an eighteen month data collection study to look at types of traffic and what the third tunnel crossing should be between not just cars, but also rail and heavy freight was also mentioned because of the railroad. It will probably be two years away before the recommendation even comes out of this study. April 27, 1993 Item IP'-M. 1. ADJOURNMENT ~EM #36~7 Upon motion by Councilman Baum, and BY CONSENSUS, City Council ADJOURNED at 8:25 P.M. Chief Deputy City Clerk City Clerk William D. Ses~oms, Jr. Vice Mayor - Presiding Meyera E. Oberndorf Mayor City of Virginia Beach Virginia April 27, 1993