HomeMy WebLinkAboutFEBRUARY 25, 1992 MINUTES
Cit.~v of Virgin io Deach
"WORLD'S LARGEST RESORT CITY"
CIT\ COCI\UL
~AY"R "mRA E "BER."nRF ,,"'~.
VI< E ~,nOR ROBERT E FENTRESS \"'0". ...., -'
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CITY COUNCIL AGENDA
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"1'NlU"L C"TER
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FEBRUARY 25, 1992
ITEM I.
CITY MANAGER'S BRIEFINGS
- Council Chamber -
3: 30 PM
A.
FY 1991-1992 ASSESSMENT NOTICES
J. D. Banagan, Real Estate Assessor
B.
WATER CONSERVATION EDUCATION/ACTION CAMPAIGN
Clarence O. Warnstaff, Director, Public Uti lities
Pamela M. Lingle, Director, Public Information
I TEM II.
INFORMAL SESSION
- Council Chamber - 4:30 PM
A.
CALL TO ORDER - Mayor Meyera E. Oberndorf
B.
ROLL CALL OF CITY COUNCIL
C.
RECESS TO EXECUTIVE SESSION
ITEM III.
FORMAL SESSION
- Council Chamber -
6:00 PM
A.
CALL TO ORDER - Mayor Meyera E. Oberndorf
B.
INVOCATION:
Reverend Barnett Thoroughgood
New Jerusalem Church
C.
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D.
ELECTRONIC ROLL CALL OF CITY COUNCIL
E.
CERTIFICATION OF EXECUTIVE SESSION
F.
MINUTES
1.
INFORMAL & FORMAL SESS I ON
February 11, 1992
G.
CONSENT AGENDA
All matters I isted under the Cons~nt Agenda are considered in the
ordinary course of business by City Council and will be enacted by
one mati on I n the form listed. I f an I tem I s removed from the Consent
Agenda, it wi II be discussed and voted upon separately.
1.
Ordinance to APPROPRIATE $6,000 from the General Fund Revenues to
the Department of Natural Resources and Rural Services re abatement
of environmental damage to, or restoration of, wetlands.
2.
Ordi nance to authori ze a temporary encroachment into a porti on of
the City I S property known as the waters of Lake Joyce to Pau I K.
Lynch and Marianne M. Lynch re construction of a bulkhead and pier
(BAYSIDE BOROUGH).
3.
LOW BID with advance notice to proceed:
CONTRACTORS PAVING CO" INC.
$2,931,700.80
Rosemont Road
Phase IV
CIP #2-075
4.
Ordinance authorizing tax refunds in the amount of $2,133.97.
H.
PUBLIC HEARING
1.
PLANNING
a.
Application of THOMAS R. DUNFORD and JAMES M. PENDERGAST for a
Conditional Use Permit for a recreational facil ity of an
outdoor nature (driving range) on the West side of Holland
Road, 350 feet more or less South of Shipps Corner Road (2066
Holland Road), containing 14.9 acres (PRINCESS ANNE BOROUGH).
Recommendation:
APPROVAL
b.
App II cat Ions of THOMAS C. KAY re property on the West side of
Pr i ncess Anne Road, South of Muddy Creek Road (1641 Pr i ncess
Anne Road), In the AG-2 Agricultural District, containing
71.31 acres (PUNGO BOROUGH):
Variance to Section 4.4(b) of the SubdivIsion Ordinance which
requires all lots created by subdivIsion meet all requirements
of the City Zoning Ordinance;
AND,
Conditional Use Permit for a single fami Iy residential lot on
a 3.03 acre parcel and to establish a mobile home for farm
laborers on the residual 68.28 acre parcel.
Recommendation:
APPROVAL
c.
Application of ARAGONA LODGE NO. 1198, LOYAL ORDER OF MOOSE,
INC. for a Conditional Zoning District Classification from
R-7.5 Residential District to 0-2 Office District at the
Northwest corner of Lynnhaven Parkway and Lamp I ¡ ght Lane on
Lots 34-37, Block 13, Princess "'nne Plaza, containing
1.1161 acres (PRINCESS ANNE BOROUGH).
Deferred:
January 28, 1992
Recommen dat ion:
APPROVAL
d.
App Ii cati on of TIDEWATER GOLF CENTER for a Cond I ti ona I Use
Permit for a recreational facility of an outdoor nature (golf
driving ran~e) on the South side of Shipps Corner Road,
1311 feet more or less West of Holland Road, containing 16.06
acres (PRINCESS ANNE BOROUGH).
Recommendation:
APPROVAL
e.
Application of OCEAN ISLAND PARTNERS for a Change of Zoning
District Classification from B-4 Resort Commercial District to
R-l0 Residential District at the Southeast intersection of
Sandpiper Road and White Cap Lane, containing 9.88 acres
(PUNGO BOROUGH).
Recommendation:
APPROVAL
t.
Applications for the West side of Old Great Neck Road, 750 feet
more or less North of Reagan Avenue, (461 Old Great Neck Road),
containing 35,283.6 square feet (LYNNHAVEN BOROUGH):
1.
ROBERT W. SMITH for a Variance to Section 4.4(b) of the
Subdivision Ordinance which reqUires al I lots created by
subdivision meet all requirements of the City Zoning
Ordinance;
AND,
2.
TIDEWATER REGIONAL GROUP HOME COMMISSION for a Conditional
Use PermIt for a group home.
Recommendation:
APPROVE BOTH APPLICATIONS
g.
Application of MARY SPADY for a Conditional Zonln~
District Classification from R-l0 Residential Olstrict to 0-1
Office District at the Southeast corner of Kempsville Road and
Lobaugh Drive (844 Kempsvi lie Road), containing 32,974.92
square feet (KEMPSVILLE BOROUGH).
Recommendation:
APPROVAL
h.
Appl ication of VIRGINIA H. MEREDITH for a ConditIonal Zoning
Classification from R-7.5 Residential District to R-5R
Residential Resort District on Lot 101, Plat #1, Cape Story by
the Sea (2692 Ocean Shore Avenue). containing 7,150 square feet
(LYNNHAVEN BOROUGH).
Deferred:
November 26, 1991
Recommendat i on:
DENIAL
letter from applicant, dated January
WITHDRAWAL as this property was sold.
1992,
requests
9,
I.
UNFINISHED BUSINESS
1.
NEW BUSINESS
COUNCIL-SPONSORED ITEMS:
J.
a.
Resolution recognizing outstanding achievement of members of City
Staff re administering the Erosion ðnd Sediment Control Program.
(Sponsored by Counci I woman Reba S. McCIanan)
K.
ADJOURNMENT
* * * * . * . . * * * . * * .
SCHEDULE
FY 1992-1993 OPERATING BUDGET
City CouncIl Che~ber
TUESDAY, MARCH 31,'1992 2:00 PM
**SPECIAL FORMAL SESSION**
PRESENTATION
TUESDAY, APRIL 7, 1992 10:00 AM
WORKSHOP
TUESDAY, APRIL 14, 1992 10:00 AM
WORKSHOP
THURSDAY, APRIL 16, 1992 7:00 PM
**SPECIAL FORMAL SESSION**
PUBLIC HEARING
Green Run High School Auditorium
TUESDAY, APRIL 28, 1992 (Time to be determined)
WORKSHOP
THURSDAY, APRIL 30, 1992 7:00 PM
**SPECIAL FORMAL SESSION**
PUBLIC HEARING
Princess Anne High School Auditorium
THURSDAY, MAY 7, 1992 10:00 AM
RECONCI LlAT I ON WORKSHOP
TUESDAY, MAY 12, 1992 2:00 PM
APPROPRIATION ORDINANCES
. * . . * * * * * * * * .
COUNCIL SESSIONS CANCELLED
MAY 5, 1992
CITY COUNCIL ELECTION DAY
. . * * . * . . * * * * *
2/20/92 95
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
February 25, 1992
Mayor Meyera E. Oberndorf called to order the VIRGINIA BEACH CITY COUNCIL for
the CITY MANAGER'S BRIEFINGS 1n the CounCIl Chamber, Clty Hall BUlld1ng, on
February 25, 1992, at 3:30 P.M.
Counc11 Members Present:
James W. Braner, Jr., Robert W. ClybuIn, VIce ~!ayor
Robert E. Fentress, Harol d He1schober, LOUIS R. Jones,
Paul J. LanteIgne, Reba S. ~!cClanan, ~!ayor Meyera E.
Oberndorf, Kancy K. Parker and W1lllam D. Sessoms, Jr.
Councd 'embers Absent:
John ~. Baum
(E:¡rERED:
3:48 P.~1.)
- 2 -
C I T Y
MAN AGE R I S
B R I E FIN G S
FY 1991-1992 ASSESSMENT NOTICES
3:30P.M.
ITEM # 35357
Jerald D. Banagan, Real estate Assessor, distributed Intormatlon relative
1991-1992 ASSESSMENTS which IS hereby made a part at ~e r~cord. Mr. Banagan
advised on February 28, 1991, the Assessor's ottlce will mall ~otlces ot
Assess~ent for the Fiscal Year 1993 to the 44,4,2 property owners who received
a change In assessment from the current fiscal year. This represents only 34%
ot the 130,615 prop('rtles wit'"," the City. Assess~ent'3 on 18,482 properties or
approximately 15% of properties dec' Ined In value trom FY 1992. The projected
1993 Assessment IS $15,415,000,000 which will generate $178,928,00 11 revenue
at this current FY 1992 real estate tax rate of $1.09 per $100 of assessed
value.
The average assessment change for Individual properties IS approximately -0.2%.
Mr. ßanagan referenced the foi lowing chdrt on page 4 ot said Intormatlon:
PERCENT OF INCREASE IN ASSESSMENTS
Over All Average Increase
Over All Median Increase
- 0.2%
0%
Residential -0.05%
Apartment -1.48%
Commercial/Industrial -0.54%
Residential 0%
Apartment -0.57%
Commercial/Industrial 0%
Approxlmat",ly
ApproXimately
Approximately
Approximately
Approximately
Approximately
Approximately
ApprOXimately
15% of
81% of
90% of
94% of
6% ot
97% ot
98% of
99% of
parcels
parcels
parcels
parcels
parcels
Parcels
Parce I s
Parcels
Decreased
had 0% Increase or
had an Increase of
had an Increase of
had dn Increase ot
had an Increase of
had an Increase of
had an Increase ot
Decreased
Less Than 2%
Less Than 3%
Less than 4 %
L"ss than 5%
less than 6%
less than 7%
The average I od I v I dua I percent of I ncrease In annua I assessments has been
declining Since 1982 very dramatically. Pages 7, Ii and 9 of said report
contain Infor~atlon on t~e demographics of the housing base which has changed
very slightly from past years. The Mean Assessment tor a residence IS $105,200,
Wlt~ a Median Assessment ot $83,400.
Assessment Comparison by Classification
Classification
1993
Assessment
General Commercial
Hotel
Off t ce
Industrial
11.9%
2.7%
2.8%
2.4%
~
Apartment
Residential
Townhouse
Condominium
Agriculture
4.7%
61.3%
7.4%
6.3%
.5%
~
February 25, 1992
- 3 -
C I T Y
MAN AGE R ' S
BRIEFING
FY 1991-1992 ASSESSMENT NOTICES
ITEM # 35357 (ContI nued)
Mr. Banagan advIsed Page 12 detaIls the Change In Property Value
ClaSSIfIcatIon comparing the FY 1993 Assessment vs the FY 1992 Assessment.
by
ClassIfIcation FY 1993 Assessment FY 1992 Assessment Change
Genera 1 CommercIal $ 1,944,324,464 S 1,954,627,059 5-10,302,595 -0.5%
Hotel 433,353,617 436,462,748 -3,109,131 -0.7%
OffIce 463,148,206 480,283,430 -17,135,224 -3.6%
IndustrIal 383,841,862 383,695,816 146,046 0.1%
Apartment 763,164,691 769,094,209 - 5,929,518 -0.7%
ReSldentlal 10,033,500,717 9,879,943,978 153,536,739 1.6%
Townhouse 1,217,426,119 1,233,089,309 -15,663,190 -1. 3%
COndOmInIUm 1,028,437,000 1,027,825,838 611,162 0.1%
AgncuHure 92,194,986 90,343,92] 1,851,065 2,1%
New construction for the past 12 months amounted to $221,781,475 whIch IS a
decrease from the preVIOUS year of 556,476,714 or 20.3%. Page 14 reflects the
hIstory of new constructIon for the past several years. Growth In land due to
rezonlngs and subdIvIsIon amount to approxImately 577,300,00. However,
approXImately $35,900,000 of that amount was jue solely to the Lake RIdge
rezonIng. Total growth In land and buIldIngs amounts Lo 1.8% of the tax base.
The report contaIns further InformatIon relatIve the Land Use Program, Senior
CitIzens Program and Tax Exempt Property.
ResIdentIal, apartment and agrIcultural properties comprIse 80.2% of the tax
base wIth commercIal and industrIal propertIes constItutIng 19.8% of the tax
base.
Land values have dropped on the Oceanfront, land sIde of AtlantIc Avenue and
both sIdes of PacIfic Avenue, ThIs loss of value was approxImately S40-MILLIO~.
AtlantIc Avenue was basIcally dropped from $40.00 a square foot to $35.00 and
on PacIfIc Avenue from $30.00 to $25.00.
February 25, ]992
- 4 -
C I T Y
MAN AGE R ' S
BRIEFING
WATER CONSERVATION EDUCATION/ACTION CAMPAIGN
ITEN if 353'58
3:50 P,H.
Clarence O. Warnstaff, Dlrector - PubllC Utlllt1es, advlsed the cornerstone of
the foundatIon of the water conservatlon program IS educat10n. Only as a last
resort, would the Clty attempt to Issue CItatlons. Slnce 1977, the C1ty has
requlred new constructIon to utlllze low flush tollets, low flow faucets and
showerheads In addltlon to other restrIctIons, In 1987, the State of Vlrglnla
adopted a un1form state'Hde bu1lding code, wh1ch, In some cases, preempted
Vlrgln1a Beach's plumbIng code ordInances. However, the State's unIform
plumb1ng code requ1red the use of water savJng plumblng flxtures wIth standards
that are very sImIlar to those prevIously adopted by Vlrglnla Beach
approXImately 10 years eaI her. Current ly, the Cl ty IS evaluat1ng the
requlrement to mandate the use of ultra-low flush t01lets In all new
constructIon. The C1ty IS currently öeeklng enablIng leg1slatlon from the State
for th1s reqUlrement. The CIty has a very actIve program to repaIr all water
leaks, The unaccounted water In the C1ty'S system whl,_h Includes leaks, broken
water malns, water that ]S used for fIre fIghllng, broken meters, averages
around 5%. The natJOnal average IS ]n the range of 10% to 15% and In some
jurlsdlctlons much h1gher, All water maIn breaks In Vlrglnla Beach are repa1red
as soon as poss1ble. VIrgInIa Beach maIntaIns the standard that water malns
wlll be repa1red In 24 hours. The City has a fully metered computerized water
meter system. These meters w111 reglster elther h1gh or low consumptlon and a
meter mechan1c IS dIspatched to determlne 1f saId meter IS faulty. oUl water
meters In the CIty are replaced or rebuIlt w]th,n approxlmately a fIfteen year
cycle. W,th the exceptIon of a mInImum servlCP c1arg~, the entIre cost of water
IS recovered through a stra1ght block rate ($2,96 per 1,000 gallons). All
classes of customers pay the same rate. There IS no dlscount for large volume
users,
Pamela M. Llngle, Dlrector - Publ1c Informatlon, through the use of Vldeo
dlsplays presented the WATER CONSERVATION AWARENESS/ACTION CAMPAIGN.
THEME :
To be developed and used
productlons and materlals.
wl th
all
programs,
OBJF..GTIVE:
Reduce water consumptIon by 10% through an aggresslve
communIty educatlon and communlCY actJon campaIgn,
GENERAL AND MANDATORY CONSERVATION ACTION PLAN
ACTION PLAN
A, COMMUNITY ACTION PROGRAMS
I. Create a Water ConservatIon Coordlnatlon Committee wIth
representatIves from the community, Industry and Clty staff to
develop and Implement a plan of actIon.
a.
Include representatIon from (suggestIons only): CouncIl of
CIVIC OrganlzatJOns, Chamber of Commerce, TIdewater
BuIlders Assoclatlon, Vlrglnla Beach Schools, T,dewater
Vlrglnla Nurserymen's ASSOclatlon (TVNA) , AmerIcan SocIety
of Landscape ArchItects, Nliltary, Hotel/~otel AssocIatIon,
Restaurant AssoClatlon, CounCIl of Garden Clubs, Plwnbl11g
Assoclatlon, swl~mlng pool contractors, communlty leaders,
clergy, retaIl merchants, Vlrglllla Power, C & P, Vlrglnla
~atural Gas, etc. (staff to include PublIC Utliltles, PIa,
Landscape Servlces, Economlc Development, Vlsltor and
ConventIon Development, LIbrarIes, Recreatlon)
2. Suggested CommIttee Programs:
a.
Create a Speakers Bureau
b.
BegIn a resldentlal "Water Audit" program patterned after
VJ rglma Power's "energy audit" program, (DPU)
¡:-nhr"~-' ~"
- 5 -
C I T Y
MAN AGE R I S
BRIEFING
WATER CONSERVATION EDUCATION/ACTION CAMPAIGN
ITEM # 35358 (Continued)
B. COMMUNICATIONS PROGRAMS AND PUBLICITY
1. Video and TelevIsion Productions (PIO/MCN'
2. Slide Show for Speakers Bureau and School Programs
5. Publicity/Media Advertising (PIO)
4. Publications/Citizen Mailings (Pia)
5. Media Relations (DIO)
6. Water Conservation Displays (PIO & DPU)
7. On-going Public Utilities Efforts CDPUJ
8. Obtain public research
C. WATER-SAVING LANDSCAPING PROGRAMS
1.
Create a Water-Sav, ng Landscap I ng SJb-comml ttee of the Water
Conservation Coordination Committee to Inc lude represenTation from
the City's Landscape Services division, AgrlcJlture Department,
Beautification Commission, Jepartment ot ¡<atural Resources and
Rural Services. landscaping associations, building contractors and
garden clubs, garden cpnters, etc.
a.
Bu I I d Water-Sav I ng Landscap I ng Demons trat I on PrOj ects co-
sponsored by the City's Landscape Services DIvIsion,
Tidewater Vlrglola Nurserymen AssociatIOn <TVNA) and the
American Society ot Landscape Architects (ASLA).
1. Mount Trashmore Intormatlon Center Building and the
VIsitor Intormatl~n Center.
a. Plant and place signs.
b. Document with video/photography.
c. Provide brochures on-site.
d. Publicize demonst'atlon projects/locations.
b.
Create awareness of existing
landscaping on city property.
examples
of
water-saving
1. Boardwalk plantlngs (,nclude slgnage)
2. North end - Atlantic Avenue medians
c.
Encourage Home-A-Rama to I nc I ude water-sav I ng I andscap' ng
demonstration projects.
d.
Include water-saving landscaping ;nformatlon In all general
and mandatory water conservation programs and efforts.
2. Community Involvement (JPU)
nurseryman's
a.
Work with gardening, landscaping
associations on education programs.
and
b.
)eek assistance from the city's Master Gardeners.
c.
Encourage garden centers to do demo projects.
d.
Work with City's garden clubs.
e.
Request that bookstores and City puDIIC libraries stock and
display books about water-savl~g landscaping and garden,og
(also, how to Install water saving devices).
f.
Offer water-sav I ng I andsc"p log c I ass",s through recreat, on
centers/TCC/adult learning center.
February 25, 1992
- 6 -
C I T Y
MAN AGE R ' S
B R I E FIN G
WATER CONSERVATION EDUCATION/ACTION CAMPAIGN
ITE.'! # 35358 (ContInued)
3, Brochure
a.
TV!\A and ASLA to compIle :mformatlon
water-savIng landscapIng.
for a brochure on
b,
Seek assIstance from the CIty'S Xaster Gardeners.
4. AdvertIsIng
a.
Seek cooperatIve advertIsIng wIth garden centers, hardware
stores, etc,
5, MedIa RelatIons (PIO)
a.
Request VPLS to wrr te serres on water-saVIng landscapIng
and gardenIng.
b.
Alert medIa to presentatIons and plantings.
c.
ContInue to dIstrIbute news releases and feature artIcles
about water-savIng landscapIng.
6. Speakers Bureau (DPU)
a.
Include water-savIng landscap"ng experts In speakers bureau
and/or create an addItIonal speakers bureau.
b.
Schedule experts on talk shows.
7. VIdeo ProductlOns U1C'I/PlO)
a.
Include landscapIng
call-In senes.
senes
and
In MCr;
29
vIdeo
tOpICS
b.
'lake above tapes avallable In lIbraries and, If feasIble,
In garden centers and vIdeo stores,
8. Create an ~ward Program for resIdents/busInesses that use water-
saVIng landscapIng.(DPI;)
D. COMMERCIAL WATER CONSERVATION
1. Create a CommercIal Water ConservatIon sub-commIttee to develop an
educatIon program for the CIty'S hIghest water users.
2. Develop a water conservatIon program for busIness Industry.
Mrs. LIngle dIsplayed a Chart for the 1992/93 WATER CONSERVATION AWARENESS
CAMPAIGN from February 1992 - February 1993. Phase One of the Project would
entaIl a cost of $57,826, wIth Phase Two beIng $42,174.
Letter from Bartow Hughes BrIdges, Jr., LandscapE ArchItect, dated February 16,
1992, IS hereby made a part of the record. ~!r. BrIdges advIsed recently
enacted water use restrIctIons WIll have 3. serIOUS Impact on successful
ImplementatIon of desIrable CIty landscape requIrements. ~r. BrIdges proposed
the regulatIons be amended to allow the postponement of requIred landscapIng
untIl the fIrst fall season. If the CIty could allow adequate waterlng at fall
plantIng, then there IS much less chance of any addItIonal water beIng requIred
-- ever.
Mayor Oberndorf complImented the Sunday, February 23, 1992, echtlon of the
VIRGINIAN/PIrm-LEDGER STAR whIch contaIned In theIr Home SectIon a thorough
report on water conservatIon. Mayor Oberndorf suggested thIS artIcle be
reproduced by the newspaper and madp avalla ble through the 1r brar Ies to the
general cItIzenry,
Februarv 25. ]997
- 7 -
C I T Y
MAN AGE R ' S
BRIEFING
WATER CONSERVATION EDUCATION/ACTION CAMPAIGN
IT&~ # 35358 (Contlnued)
Mr, Warnstaff advlsed relatiVe groundwater, the City was merely seeklng the
authority from the State to glve the Clty Councll the abIlity to restnct
groundwater In certaln areas, If It was determlned that utlllzlng groundwa~er
for lrngatlon was havlng an adverse Impact upon groundwater that IS belng used
lnslde one's home, ~1r. Warnstaff adVlsed II IS not the goal of the Clty to
create another level of bureaucracy and regulate ground\iBter throughout
Vuglnla Beach.
Concernlng the paper of :-!r. Duncan W. J. Bell, Jr. entitled POINT PAPER -
ALTERNATIVE WATER CONSERVATION PLAN. ,'fr. Warnstdff adVlsed ~fr. Bell's statement
was Incorrect. He had advIsed the City Councd, for fIscal year 1991 (twelve
months ended June 30, 1991), the Vlrglnla Beach water demand was 3].8-MILLLIO~
gallons per day, whlch IS approxlmately 32-MILLIO~. The meter readIng dates and
the number of days In a month do not always correspond. Therefore, ~r. Thomas
leahy, III, Water Resources EngIneer, calculated the water demand for calendar
year 199], whIch amounted to 3].]-~]LLIO~ gallons per day. The Clty of Korfolk
bIlls Vlrglnla Beach on a flt,cal basls. The CIty Manager advlsed a response had
been forwarded to Mr. Bell and caples ","ll be proVlded to Members of Cl ty
CouncIl.
February 25, ]992
- >3 -
C I T Y
MAN AGE R ' S
B R I E FIN G
CITY OF PORTSMOUTH WATER DISCUSSIONS
(ADD-ON)
IrE'! # 35359
4:30 P.~I.
Clarence Warnstaff, Dlrector of PublIc UtIlItIes, dIstrIbuted a copy of the
Memorandum - CIty of Portsmouth Water D,Scuss,ons. SaId ~emorandum IS hereby
made a part of the record. The purpose of the mePlorandum was to summarIze
d,Scusslons WhlCh took place between VlrgInla Beach and Portsmouth durlng July,
August, September and October of 1991. The purpose of the d,Scusslons was to
determIne whether or not Portsmouth could provlde any short-term, emergency
quantitles of water to Vlrglnla Beach. Portsmouth does not have any slgnIflcant
water supply dvaIlable for VlrgInld Beach on d long-term basis. Portsmouth's
OW'Tl buIld-out comb,ned wIth expected sales to Suffolk and Chesapeake tn the
trI-clty area wIll requIre almost all of Portsmouth's YIeld. However, there was
some IndIcatIon that Portsmouth could provide water on a a short-term basIs.
The quantIty of water dIscussed was 5.5-MILLION gallons per day of raw water.
ThIS raw water would be from Portsmouth's reserVOIrs to the Norfolk reserVOlr
system located In Suffolk.
In July, Mr. Warnstaff, advIsed the CIty ~anager he had approached Portsmouth
to explore the potentIal for obtalnlng raw water on a temporary short-term
emergency basIs, As Dlrector of Public UtIlItIes, he represented VlrglnIa Beach
In dIScussIons.
Mr. Warnstaff, reIterated the four polnts rellectIng the CIty'S InabIlIty to
reach an agreement wIth Portsmouth:
LInkage to Non-Water Issues
Extremely Expensive Water Cost
Adverse Impact on :-IegOtlatIons wHh the City of
Norfolk
Risk that Water would
certaln condltions.
not
be
avaIlable
under
Mr. \,arnstaff, was adVIsed Portsmouth would not sell any water to VlTIgnla
Beach unless VlrIgnla Beach agreed to support Portsmouth's efforts to obtaIn a
waste-to-energy plant to be located In Portsmouth. 'The CIty of Portsmouth's
prIce was $1.84 per 1,000 gallons for raw, untreated water delIvered to the
Norfolk reserVOlTS located In the CIty of Suffolk. Ten percent of the water
would have been lost In handllng and treatment In the Norfolk system. The cost
to VIrglnia Beach was In the range of $20-~IILLlO~ to S22-NILLION. There were
certaIn capItal Improvements that had to be made If1 order to transport the
water from the Portsmouth lakes to the 'orfol>. IdkeEo:
a. DesIgn and constructIon of a Portsmouth raw water
pump statIon at Lake 'eade -- estImated at $4.1-
NILLION.
b. II raw water transmISSIon maIn to connect the new
pump statIon to the Portsmouth water treatment
plant -- estImated cost $2.0-MIllion.
c. II raw water transmIssIon maIn that would connect
the Portsmouth system to the :-lor folk reserVOIrs --
estImated cost S2.0-MILLION.
The cost was deemed exceSSIve and represented a rate nine tImes greater than
the rate (20t per 1,000 gallons) VIrgInIa beach currently pays for raw water
from the emergency wells.
FebrllFlrv 7'1. lqq7
- 9 -
C I T Y
MAN AGE R ' S
B R I E FIN G
CITY OF PORTSMOUTH WATER DISCUSSIONS
In~1 # 35359 (Continued)
Agree I ng to the Portsmouth pr I ce of $1.84 for ra.. untreated ..ater wou I d have
set an extremely bad precedent with respect to ongOing water contract talks
with the City of Norfolk for a new surplus water sales contract to become
effective In the summer at 1993.
As I t was necessary to des I gn and bu I I d certa I n cap I ta I I mprove,'I1ents to the
Portsmouth water system, the design and constrJctlon of thp pump station and
two raw water transmission mains were estimated to require at least two years.
This ml11mum two-year period could very easily have Jeen expanded due to two
factors: (1) Wetlands and, (2) State law r~GUlr~s that local consent be
obtained when one Jurisdiction constructs ..ater facilities In another
Jurisdiction.
The City would have to negotiate d contract provIsion with the City of Norfolk
to require Norfolk to receive the Portsmouth wa~er In their reservoirs, convey
the raw water through their syste., treat the water and deliver t~e water to
Virginia Beach. The cost to Vlrlg11a Beach for "wheeling and treating" would
have been the same price, as It t~e City .ere buYI~g the wdter trom Norfolk.
The net ef tect of th" cost of the .ater de II ver-ed to V I rg I n I a Beach's master
meteors along the western border would Je $1.84 to Portsmouth, p us $1.12 to
Norfolk for a total of $2.96.
The City of Portsmouth doe~ not have water dvallable to Virginia Beach for a
long-term commitment. The water available from Portsmouth to Virginia Beach was
not a guaranteed amount. When Virginia Beach submltt~d Its application to the
Army Corps of Engineers In 1983 for the Lake Gaston Project, the Army Corps of
Engineers conducted an extensive analysIs of the "water needs" and the "water
supplies" In Southeastern Virginia. The Corps' ana'ysls Included the five
cities of Portsmout~, 'Jorfolk, Virginia Beach, Chesapeake and ~uffolk. The
Corps' analysIs clearly Indicated that there IS Insufficient water In
Southeastern Virginia to meet the needs of the five-city area Including all
avai lable suppll<;s. The facts remain the same today.
The Norfolk water system IS curr"ntly operating ~t maximum levels In terms of
ItS raw water transmission capacity and treatment plant capacity In addition to
being overextended with respect to ItS safe yield.
The City of Portsmouth desired to have a termination clause wherein they would
have the right to t"rm I nate t~e contract ~t a prè-det",rml nEd I eve I of wat,"r
demand on their system.
Virginia 3each cannot and must not continue to add new permanent connections to
I ts pub II c water system In t'1e absence of an add I t I ana I, long-term permanent
water supply. Therefore, even with a contract wltr, ."ortsmouth, It would have
been necessary for Virginia Beach to continue with ItS program t:> limit the
number of new connections eligible to co~nect to the public water system.
Mr. Thomas Leahy advised there are no reservoir sites In southeastern Virginia
that could be bu; It under toddY's wetlands regulatIons.
February 25, 1992
- 10 -
¡rEM II 35360
The INFORMAL SESSION ot the VIRGINIA BEACH CITY COUNCIL was called to order by
Mayor Meyera E. Oberndort In the Council Chambers, City Hall Building, on
Tuesday, February 25, 1992, at 4:30 P.M.
Council Members Present:
John A. aaum, James W. Hrazler, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Helschober, LoUIS ". Jones, Paul J. Lant"'-Igne, Reba S.
McClanan, Mayor Meyera E. O~erndort, Nancy K. Parker
and Wi Illam D. Sessoms, Jr,
Council Members Absent:
None
February 25, 1992
- 11 -
IEè1/i 35361
Mayor Meyera F. Oberndorf entertained a motion to permit City Council
conduct ItS EXECUT I VE SESS ION, pursuant to Sect I on 2.1-344, Code
Virginia, as amended, for the following purposes:
to
ot
2. PUBLICLY-HELD PROPERTY: DIScussion or consideration of the condition,
acquIsition or use of real property tor public purpose, or of the
diSpositIOn of publicly-held property, or of plans fQr the tuture of an
Institution which could affect the value of property owned Qr desirable for
ownership by such instltJtlQn pursuant to S-Jctlon 2.1-344(A) (3).
To-Wit:
School Sit~ AcquIsition - ~empsJIII-J ~orough
2.
LEGAL MATTERS: Consultation with legal counselor brletlngs by staff
members, consultants or attorneys pertaining to actual or probable
litigation, or other specific legal matters requesting the provIsion of
legal advice by counsel pursuant to Section 7.1-344 (.~) in.
To-Wit:
Jefferson Savings and
Virginia Beach, at al
Loan
Association,
F .t>,.
V.
City
ot
Jefferson Savings and Loan Association v.
Appeals of the City of Virginia Beach, et al
Board
of
Zoning
Troplcana Hotel Associates, L.P v. Board of Zoning Appeals of
the City of Virginia Beach, et al
Upon motion by Vice Mayor Fentress, seconded by Councilman Baum, City Council
voted to proceed Into EXECUT I VE SESS I ON.
Voting:
11-a
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., f<obert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Helschober, ,-OUIS q. Jones, Paul J. Lanteigne, Re~a S.
McC'anan, Mayor Meyera E. Oberndorf, Nancy ~. Parker
and W,lliam D. Sessoms, Jr.
Council Members Voting Nay:
~~one
Counc I I Members Absent
'<one
February 25, 1992
- 12 -
FORMAL
SESSION
VIRGINIA BEACH CITY COUNCIL
Februqry 25, 1992
b :00 P.M.
Mayor Meyera E. Oberndort called to order the FORMAL SESSION ot the VIRGINIA
BEACH CITY COUNCIL in the Council Chambers, City Hall Building, on Tuesday,
February 25, 1992, at 6:00 p.M.
Cou nc I I ~embers Present:
J:>hn A. Saum, James W. Brazier, Jr., Robert W.
Clyburn, Vice ~~ayor Robert E. Fentress, Harol d
Helschober, LouIs R. Jones, Paul J. Lanteigne, Reba S.
McC I anan, Mayor Meyera E. Ober ndort, Ndncy K. Par~er
and William D. Sessoms, Jr.
Counci I Members Absent:
None
IWOGATION:
Reverend Barnett Thoroughgood
New Jerusalem Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
February 25, 1992
- 13 -
I tem I I I -E. 1 .
CERTIFICATION OF
EXECUTIVE SESSION
ITEM # 35362
Upon motion by Vice Mayor Fentress, seconded by Councilman Helschober, City
Council CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO
RECESS.
Only public business matters lawfully exempted trom
Open Meeting requirements by Virginia law were
discussed In Executive Sessloe t:J "hl~h this
certification resolution applies;
AND,
On I Y such pub II c bus I ness matters as were
Identified In the motion convening the Executive
Session were heard, discussed or considered by
Virginia Beach City Council.
Voting:
11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Helschober, LouIs R. Jones, Paul J. Lanteigne, Reba S,
McClanan, Mayor Meyera E. Oberndorf, Nancy K, Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
Noee
Council Members Absent:
None
February 25,1992
1Rtønlutinu
CERTIFICATION OF EXECUTIVE SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The VIrglnIa Beach Cl ty CouncIl convened Into EXECUTIVE
SESSION, pursuant to the afflrmatlve vote recorded 1n ITEl-1 # 35361,
Page No. 11 and In accordance WI th the provIsIons of The Vlrglnla
Freedom of Information Act; and,
WHEREAS: SectlOn 2.1-344,1 of the Code of VIrg1nla requIres a
certlficatlon by the governIng body that such Executl ve Sesslon was
conducted In conformIty wIth Vlrgln1a law.
NOW, THEREFORE, BE IT RESOLVED: That the VIrglnIa Beach CIty
CouncIl hereby certIfIes that, to the best of each member's knowledge,
(a) only publlC buslness matters lawfully exempted from Open MeetIng
requIrements by VlrglnIa law were dIscussed In Executl ve SessIon to
whIch thIs certIficatIon resolutIon applIes; and, (b) only such publIc
busIness matters as were IdentlfIed In the motIon convenIng thIS
Executlve SessIon were heard, dIscussed e>r consIdered by VIrglnla
Beach CIty CouncIl.
(¡~~
R th Hodges mlth, CMC/AAF
CIty Clerk
February 25, 1992
- 14 -
Item I II-F. 1.
KI NUI'ES
ITEM # 35363
A MOTION was made bv VIce Mayor Fentress, seconded by CouncIlman Helschober to
APPROVE the M1nutes 'of the IÑFORHAL AND FORMAL SESSIONS of February II, 1992.
ThIS MOTION was WITIIDRAWN.
Upon motIon by CouncIlwoman McClanan, seconded by CouncIlman Sessoms, CI ty
Counc1l APPROVED the MInutes of the INFORMAL AND FORMAL SESSIONS of February
II, 1992, not1ng the d1sclosure of CouncIlman Sessoms.
ITEM' 35333, Page 8, ITEM # 35334, Page 9
Water and Sewer Master Revenue Bond Resolut10n authorIzIng the
1ssuance of Water and Sewer System Revenue Bonds from tlme to
t1me.
FIRST SUPPLFMENT to the Water and Sewer Master Revenue Bond
ResolutlOn provId1ng for the ISSUANCE and SALE of $19,975,000
Water and Sewer System Revenue Bonds, Ser1es of 1992, of the
C1ty of VIrgInIa Beach, VIrgInIa, provld1ng for the form,
detaIls and payment thereof, fInancIng the cost of Improvements
to the CIty'S water and san1tary sewer facIIItles.
*CouncIlman Sessoms DISCWSED pursuant to SectIon
2.1-639.14(C) of the Code of VIrgInIa. he was
currently an offIcer of Central FIdelIty Bank
earnIng a sa1an 1n excess of SIO,OOO annually.
After the CIty Councll SessIon of February II,
1992, CouncIlman Sessoms was advIsed by the CIty
Attorney that Central FIdelity Bank was selected as
fiscal agent by a commIttee of staff personnel
utIlIzIng competItIve procedures, \ÚthIn the body
of bond documents Wh1Ch were approved. and In
partIcular the Master Water and Sewer Revenue Bond
ResolutIon and t he FIrst Supplement to that
resolution, there ..'ere t.."O obscure references to
Central Fidelity Bank and language which 1ndIcated
CouncIl's approval of the pr10r selectIon of
Central F1dellty Bank a" the "fiscal agent" for the
sale of wa ter and sewer revenue bonds. '=ounCllman
Sessoms had no knowledge thIS rpferenc e was 1n
these documents WhIC~ were qu,te vnlumI nous
CouncIlman Sessoms' vote on the two referenced bond
resolutIons remaIns In the affIrmatIve, however, he
requested hIS abstentlCm to the aspects of those
two resolutlOns WhICh refer to Central FIdehty
Bank or the approval of CFB as fiscal dgent.
CouncIlman Sessoms' letter and DIsclosure of February 20, 1992, shall be made a
part of the ~Inutes of February II, 1992.
VotIng:
ll-O
CouncIl Members Voting Aye:
John A. Baum, James W. BrazIer, Jr., Robert W.
Clyburn, VIce Mayor Robert E. Fentress, Harold
Helschober, LOUIS R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor 'leyera E. Oberndorf, Nancy K. Parker
and WIlliam D. Sessoms, Jr,
CouncIl Members Voting Nay:
None
CounCIl Members Absent:
None
This ITEM was moved to the end of the Agenda.
February 25, 1992
- 15 -
Item lII-F.2
MINUTES
lTEH /I 35364
ConcernIng the OrdInance establIshIng an InterIm program for the conservatIon
of the publlc water supply re Lake Gaston PIpel1ne Project (ADOPTED February
II, 1992), upon motIon by Council~oman McClanan, seconded by Councilman
Sessoms, CIty CounCIl APPROVED a STATI}IENT of INTENT and DIRECTED the CIty
Manager to Interpret SectIon 9(c) that such provlsIons shall be read as
follo~s :
"Such plans pertaIn to a development of a sIte, any
part of WhICh IS the subject of a sIte plan whIch
has been submItted as of the date of adoptIon of
thIs ordInance, where constructIon of such svstem
commences or IS bonded by April 30, 1992." .
VotIng:
11-0
CouncIl Members VotIng Aye:
John A. Baum, James W, BrazIer, Jr., Robert W.
Clyburn, V,ce Mayor Robert E. fentress, Harold
HeIschober, LOUIS R. Jones, Paul J. LanteIgne, Reba S.
McClanan, ~ayor ~eyera E. Oberndorf, ~ancy K. Parker
and WIllIam D, Sessoms, Jr.
CouncIl Members VotIng Nay:
None
CouncIl Members Absent:
None
ThIs Item was MOVED to the end of the AGENDA to allow for the City Attorney's
InterpretatIon.
February 25, 1992
- 16 -
Item III-F.3
ANNOUNCEMENT
lTEN # 35366
Mayor Oberndorf Introduced the followIng BOY SCOUTS In attendance durIng the
CIty Councll SeSSIon to earn theIr cItlzenshlp ln the communIty merIt badges:
John Paul Herbert
Ross Garmon
February 25. 1992
- 17-
Item I I I-G. 1 .
CONSENT AGENDA
ITEM # 35367
Upon mot I on by V I ce Mayor F entres~, seconded by Counc I I man Sessoms,
Council APPROVED In ONE MOTION Items 1, 2, 3 end 4 ot the CONSENT AGENDA.
City
Voting:
11-0
Counci I Members VOtl ng Aye:
John A. Beum, James W. Brazier, ,Jr., Robert W.
Clyburn, Vice ~.layor Robert E. Fentress, Harold
Helschober, LouIs R. Jones, Paul J. Lanteigne, Rebe S.
McClanen, Mayor Meyera E. Oberndort, Nency K. Parker
end William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
February 25, 1992
- 18 -
Item 111-G.1.
CONSENT AGENDA
IT~M # 35368
Upon motion by Vice Mayor
Council ADOPTED:
Fentress,
seconded
by
'~ounc I I man
Sessoms,
City
Ordl nance to APPROPRIATE $6,000 trom the General
Fund Revenues to the Department ot Natural
Resources and Rural Services re abatement ot
environmental damage to, or restoration ot,
wetlands.
VOtl ng:
11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice r~ayor Robert E. F¿ntress, Harold
Helschober, LoUIS R. Jones, "au I J. Lan~elgne, Reba S.
McClanan, Mayor Meyera E. O~erndort, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
t~one
February 25, 1992
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2
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4
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AN ORDINANCE TO APPROPRIATE $6,000
FROM THE GENERAL FUND REVENUES TO
THE DEPARTMENT OF NATURAL RESOURCES
AND RURAL SERVICES FOR THE ABATEMENT
OF ENVIRONMENTAL DAMAGE TO, OR
RESTORATION OF WETLANDS IN THE CITY
OF VIRGINIA BEACH.
WHEREAS, the Wetlands Board of the C~ty of V~rg~n~a Beach has
ordered
of
c~v~l
connect~on
w~th
charges
~n
the
~mpos~t~on
v~olat~ons of the Wetlands Zon~ng Ord~nance of the C~ty of V~rg~n~a
Beach and has collected the cumulative sum of
$6,000 in c~v~l
charges and depos~ted sa~d mon~es ~n the General Fund: and
WHEREAS, Sect~on 62.1-13 .18: 2 of the Code of V~rgin~a 1950, as
amended, prov~des that c~v~l charges ~mposed for the v~olation of
any prov~s~on of the Wetlands Act (Sections 62.1-13.1- 62.-13.20)
or v~olat~ons of any Comm~ss~on or wetlands board not~ce, order,
rule, regulat~on or perm~t cond~t~on may be d~rected to be pa~d
~nto the treasury of
or town ~n wh~ch the
the county,
c~ty,
v~olat~on took place for the purpose of
abat~ng env~ronmenta1
damage to, or the restorat~on of wetlands there~n: and
WHEREAS, there is ava~lable ~n the General Fund the sum of
$6,000
the
abatement
of
env~ronmental
damage
the
to,
or
for
restorat~on of wetlands; and
WHEREAS,
the
of
Natural
and
Rural
Department
Resources
Serv~ces ~s tasked w~th the adm~n~strat~on of funds and pol~cies
relat~ng to env~ronmental management, wh~ch ~ncludes but ~s not
l~m~ted to the wetlands,
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the sum of $6,000 ~s hereby appropr~ated from the General
Fund to the Department of Natural Resources and Rural Serv~ces for
the abatement of env~ronmental damage to, or the restorat~on of
wetlands ~n the City of V~rg~n~a Beach as d~rected by the D~rector
of Natural Resources and Rural Serv~ces,
35
Adopted by the Councll of the Clty of Virglnla Beach,
36
Vlrglnla, on the ~ day of
February
, 1992.
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CA-451.J
ORDIN\NONCODE\WETLANDS.ORD
R-l
_APPRO~ CONTEN~ -"
, :;;:)/~ CA'~~
WALTER C KRAE , JR
OFFICE OF BUDGET AND EVALUATION
.. ~~~.: ~~' (~~
SIaN. 'u..
II/CIo-\'uv.1 /Ï,~^<J"."- R...{ {(...".
DEPARTMENT
APPROVED AS TO LEGAL
SJ.!Ef,lCIEN~ AN~RM
'~/¥Jt!~ v. c.1ctu1J~ ~
CITY A1TORNEY ,/
2
- 19 -
Item 111-G.2.
CONSENT AGENDA
ITEM # 35369
Upon mot i on by V I ce Mayor
Council ADOPTED:
F"ntress,
seconded
by
Counci Iman
S<3ssoms,
City
Ordinance to duthorlze a temporary encroachment
Into a portion of the City's property known as the
waters of Lake Joyce to Paul K. Lynch and Merlanne
M. Lynch re construction of a bulkhead and pier
(BAYS IDE BOROUGH).
The following conditions shall be required:
1. T~e owner agrees to remove the encroachment when
notl fied by the City of Virginia Beach, at no
expense to th" City.
2. The owner agrees to
and har'lll ess of any
encroachment.
keep and ho I d the City free
II ab I I I ty as a resu I t of thG
3. The owner agrees to ma I nta I n sa I d encroachment so
as not to become unsightly or a hazard.
4. The owner
per'll I t.
must
obtdln
an
approved
wat"rfront
Voting:
11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice :~ayor ~obert E. Fantress, Harold
Heischober, LoUIS R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Counc I I Members Vat I ng Nay:
None
Council Members Absent:
None
February 25, 1992
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1
AN (JEDINANCE TO AUTHORIZE
A TEMPORARY ENCROACHMENT
INTO A PORTION OF THE
CI'rY'S PROPERTY KNOWN AS
THE WATERS OF LAKE JOYCE
TO PATJL K. LYNCH AND
MARIANNE M. LYNCH, THEIR
HEIRS, ASSIGNS AND
r;UCCESSORS IN TITLE
;'
3
4
:,
6
7
8
9
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That pursuant to the authorlty and to the extent thereof
contalned In Sectlon 15.1-893, Code of Vlrglnla, 1950, as amended,
PAUL K.
LYNCH AND MARIANNE M,
LYNCH,
thelr helrs, asslgns and
successors In tltle are authorlzed to construct and malntaln a
temporary encroachment lnto the Clty property known as the waters
of Lake Joyce.
That the temporary encroachment hereln authorlzed is for
the purpose of constructlng and malntalnlng a bulkhead and pler and
that
sald encroachment shall be constructed and malntalned in
accordance
wlth
of
Beach
Works
Publlc
the
Clty
Vl.rglnla
Department's speclflcatlons as to slze, a1lgnment and location, and
further
temporary encroachment
lS more partlcularly
that
such
descrlbed as follows:
An area of encroachment lnto a
portlon of the Clty'S property known
as the waters of Lake Joyce, on the
certaln plat entltled: "PROPOSED
BULKHEAD AND PIER REBUILD IN LAKE
JOYCE AT VIRGINIA BEACH", a copy of
whlch lS on fl1e In the Department
of Publl.c Works and to whlch
reference lS made for a more
partlcular descrlptlon,
PROVIDED, HOWEVER, that the temporary encroachment hereln
authorlzed shall termlnate upon notlce by the City of Vlrglnla
Beach to PAUL K. LYNCH AND MARIANNE M, LYNCH, themselves, thelr
helrs, asslgns and successors In tltle and that wlthln thlrty (30)
days after such notlce lS glven, sald encroachment shall be removed
from the Clty'S property known as the waters of Lake Joyce and that
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they, thelr helrs, asslgns and successors ln tltle shall bear all
costs and expenses of such removal.
AND, PROVIDED FURTHER, that lt IS expressly understood
and agreed that PAUL K. LYNCH AND MARIANNE M. LYNCH, thelr helrs,
asslgns and successors ln tltle shall lndemnlfy and hold harmless
the C1ty of vll'gln1a Bedch,
l::S a"ents and employees from and
agalnst
all
damages,
losses
and
Includlng
c1alms,
expenses
reasonable attorney's fees 1n case lt shall be necessary to flle or
defend an action arlslng out of the locatIon or exlstence of such
encroachment.
AND, PROVIDED FURTHER, that the party of the second part
agrees to malntaln sald encroachment so as not to become unslghtly
or a hazard.
AND, PROVIDED FURTHER, that thlS oIdlnance shall not be
In effect until such tlme that PAUL K. LYNCH AND MARIANNE M. LYNCH
execute an agreement wlth the Clty of Vlrginla Beach encompasslng
the aforementioned provlslons.
Adopted by the Council of the Clty of Vlrglnla Beach,
Vllglnla, on the ~ day of
February
, 19~
KL/tga
01/15/92
lynch,ord
Af?ROym AS ïO CONïtN1
~--'--~~'u::"'-' -(,
~~~., '/ß_'~
þ~/" f/t:;
~
¿
Re:
Lake Joyce Encroachment
Mr. Paul K. Lynch
Dear Aubrey.
As you know in 1967, the Norfolk City Council adopted an
ordinance conveying Lake Joyce along with a 20 foot strip of land
around the lake to the city of Virginia Beach. There was
language in the conveyance wh1ch required the City of Virginia
Beach to use the property exclusively for public or municipal
purposes and provided that the property should not be conveyed,
sold or leased and should not be permitted to be used for any
other purpose. In the event this condition was breached, the
property would revert to Norfolk,
We have received a request from Mr. Paul K. Lynch of 4443
Lee Avenue to install a bulkhead and replace a pier. This matter
was forwarded to City Counc1l and no objections were noted.
Therefore, the C1ty of Norfolk would not cons1der the
requested encroachment by Mr. Paul K. Lynch, if authorized by the
City of Virginia Beach, to violate the conditions in Norfolk's
deed to Virginia Beach, Th1S pos1t1on 1S taken only with respect
to the facts set forth herein as it relates to the 20 foot str1p
of land located at 4443 Lee Avenue, Virg1nia Beach, Virginia,
23455. This action does not demonstrate or control similar
1nstances -- past, present, or future.
Please give us a call should you have questions.
~3iLl~ ---I
James) B. Oliver, J~t '\
~t~/Manager
cc:
Director of Development
City Engineer, Virginia Beach
Mr, Paul K. Lynch
" "
1101 City Hall BUIlding' Nortolk, Virginia nr,O1 '/804) 441.2471
- I
LAKE JOYCE
(NON- TlDALINON-WETLAND J
EXHIBIT" A"
PROPOSED NEW BULKHEAD
AND SAND fiLL
EXISTING EPODING SHORE~rf:B 1-14 ""~r A
WITH BROKEN CONCRETE LINE \
AS RIPRAP -----1
--- '........ 20
(O2':~, ~ A
It:':,. ":"'~19~,,;. 27'~
1. ""'" "', \ 'c:;'c ' ';
~ \ /
¿ "" 3? 9 /
/' ...I. "'" - 4i) /
OlDPIP~NOTED I """ /
ON~,UPVEY . /
. . . . " .' CITY OF VIRGINIA eE~CH
"', ............,( PROPEPTV LINE
I
NOT A SUBDIVISION OF LAND
P.EPLACE EXISTING PIER/DOCr
WITH SI1ALLER PROTRUSION
INTO LAKE
ORDINARY HIGH WATER (l)HW)
LINE I') AT CURRENT SHORELINE
/
/
--~
to¡
\1\
\
EXISTING 8UU'HEAD
"'" ,'." 1
N
EXISTING RE')IDENCE
Of
PAUL K LYNCH
444~ LEE AVENUE
PROPERTY C;f
GAPY POTE
PROPERTY OF
RALPH SUG6S
I)E~~ERAL NOTES
I BULKHEAD APPROXIMA TEL Y 88 LONG
2 EXISTING PIER TO 8E REPLACED WITH ONE
AS DRAWN
1 BULKHEAD TO BE wiTHIN 3 OF C'JRRWT
SHORELINE
PURPOSE STOP EROSION Of SHORELINE
AND PREVENT LOSS OF
NUI1ER()JS LARGE TREE')
PLAN VIEW
PROPOSED BULKHEAD.
Arm DIER RE8UILD
IN LA' E JOYCE
AT VIf<.GltIIA BEACH
DRAWN BY P K L (REV 1 )
Si"EET2 OF 'õ DATE3/18'",'
DATUM
A[1.JACENT PROPERTY OwrIEPS¡CLAIMANTS
1 GARY ROTE
2 PALPH SUGGS
PAUL I( LYNCH
444-3 LEE AVHIUE
VIRGINIA BEACH, VA 23455
""""
""90"
'('7' .
-+-
~
C/fESAPßA/(£
øAY
, ;'<1:
;.;.
",,~l~
"~
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,
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1,:,zi
LOCATION MAP
I
I
TH1;:; AGREEMENT, made th~s lC\T1\ day of N""G-'-'.J'JY1-
1 ')~, by :l!Id between thc CITY OF VIRGINIA BEACH, VIRGINIA, a
munLclpal colporatLon, party of the first part, Grantor, and Paul
K. Lynch and MarLanne M. Lynch, husband and wLfe, THEIR ASSIGNS
AND SUCCESSORS IN TITLE, party of the second part, Grantee.
WIT N E SSE T H:
That, WHEREAS, Lt IS proposed by the party of the second
part to construct and maLnta~n a bulkhead and pier in the C~ty of
vIrginia Beach; and
WHEREAS, In construct~ng and maIntaInIng such bulkhead
and pIer, It is necessary that the saId party of the second part
encroach into a portion of an exIsting CIty property known as the
waters of Lake Joyce;
and said party of the second part has
requested that the party of the fIrst part grant a temporary
encroachment to facLlltate such bulkhead and pIer w~thln a portion
of the CIty'S property known as the waters of Lake Joyce.
NOW, THEREFORE, for and in consideration of the prem~ses
and of the benef 1 ts accruIng or to accrue to the party of the
sccond part and for
the further cons~deratlon of One Dollar
($1.00),
in hand paid,
to the saId party of the first part,
iece~pt of WhICh LS 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 property known as the
waters
of
Lake
for
the purpose
of
constructing
and
Joyce
ma~ntalnlng such bulkhead and pIer.
~ ~
~
-.
it
1S
expressly
understood
and
agreed
that
such
temporary encroachment w1ll be constructed and ma1nta1ned in
accordance w1th the laws of the Commonwealth of Vlrglnia and the
City of Virglnla Beach,
and in
accordance with the
Cl ty of
Vlrglnla
Beach
Publlc
Works
Department's
speciflcations
and
approval
as
to
size,
allqnment
and
locatlon
and
lS
more
partlcularly descrlbed as follows, to Wlt:
An area of encroachment into a portlon of the
Clty'S property known as the waters of Lake
Joyce as shown on that certaln plat entltled:
"PROPOSED BULKHEAD AND PIER REBUILD IN LAKE
JOYCE AT VIRGINIA BEACH," a copy of whlch 1S
é'_ttached hereto as Exhiblt "A" and to whlch
reference is made for a more partlcular
descrlptlon,
It lS further expressly understood and agreed that the
temporary encroachment hereln authorized shall terminate upon
notlce by the Clty of Vlrginia Beach to the party of the second
part, and that wlthln thlrty (30) days after such notice is given,
such temporary encroachment shall be removed from the City's
property
known as the waters of Lake Joyce by the party of the
second part; and that the party of the second part shall bear all
costs and expenses of such removal,
,I It lS futher expressly understood and agreed that the
party of
the second party must obtain an approved waterfront
permlt.
"
,
It is further expressly understood and agreed that the
party of the second part shall indemnlfy and hold harmless the
Clty of Virglnla Beach, ltS agents and employees, from and agalnst
2
all claims,
damages,
losses and expenses l.ncluding reasonable
attorney's tees l.n case it shall be necessary to file or defend
an actl.on arising out
of
the
location or
existence
of
such
temporary encroachment.
It
is
further
expressly understood and agreed that
110thl.ng herel.n
contal.ned shall be construed
to enlarge
such
pelml.SSl.On and authorl.ty to perml.t the mal.ntenance or construction
of any encroachment other than that specl.fied herel.n and to the
It is further expressly understood and agreed that the
\
\
I
I
i
I
lunl.ted extent specl.fied herein, nor to perml.t the mal.ntenance and
construction of any encroachment by anyone other than the party
of the second part.
party of the second part agrees to mal.ntain said encroachment so
as not to become unsl.ghtly or a hazard.
It l.S further expressly understood and agreed that the
party of the first part, upon revocatl.on of such authority and
permissl.on so granted, may remove any such encroachment and charge
the cost thereof to the party of the second part, and collect the
cost l.n any manner provided by law for the collectl.on of local or
state taxes; may reqUl.re the party of the second part to remove
such temporary encroachment; and pendl.ng such removal, the party
of
the
first
part may
charge
the party
of
the
second part
compensatl.on for the use of such portl.on of the City's rlght-of-
way encroached upon the equivalent of what would be the real
property tax upon the land so occupl.ed l.f l.t were owned by the
party of the second part; and l.f such removal shall not be made
3
"
wì~hln the time ordered hereinabove by this Agreement, the City
~hall impose a penalty ln the sum of One Hundred Dollars ($100.00)
peL day for each and every day that such encroachment is allowed
to ~ontlnue thereafter, and shall collect such compensation and
penalties in any manner provlded by law for the collectlon of
local or state taxes,
IN WITNESS WHEREOF, the sald party of the second part
has caused thlS Agreement to be executed by hlS signature and seal
dulyafflxed.
Further, that the City of Virglnla Beach has caused
thls Agreement to be executed in ltS name and on its behalf by lts
Clty Manager and ltS seal be hereunto afflxed and attested by ltS
City Clerk.
I
"
I
Ii
,I
CITY OF VIRGINIA BEACH
By
CIty ~anager/Authorlzed
DesIgnee of the CIty Manager
; (SEAL)
I ATTEST:
Clty Clerk
,I
I
,i
I
4
~~íLL} /I., ,:0 UJ¡'¡I.'¡I
, L,..i{J:1f'J.5C,,--.
, . slt:~^IU", n
-fflr.(cdJft .
DEPARTME"IT
------ - -.-- ----
-. - ------
II
i
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-w~t:
I,
, a Notary
Public ~n and Eor the City and State aforesaid, do hereby certify
that
, CITY MANAGER/AUTHORIZED DESIGNEE OF
1 THE CITY MANAGER, 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 ,
I
I
I
, My Commission Expires:
Notary PubliC
\: STATE OF VIRGINIA
i CITY OF VIRGINIA BEACH, to-wit:
I
I
I' in and for the c~ty and State aforesa~d, do hereby certify that
I,
, a Notary Public
RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH,
whose name ~s signed to the foregoing Agreement bearing date on
the ----- day of
, 19 ----' has acknowledged the
Ii
same before me ~n my City and State aforesaid.
GIVEN under my hand th~s
day of
19 .
Notary Public
My Commiss~on Expires:
5
.... ~
," .~ .<0" -- - , " '- .
,",,'. ~---.-
I
-
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-W1t:
I, -¡::;?OG,CIL t-~~ f:>r~~ iNS I JrL , d Notary Publ1C
~n and tor the C1ty and State aforesa1d, do hereby certify that
Paul K. Lynch and Mar1anne M. Lynch, whose names are slgned to
:oJç~
the foregoing wr1ting, bear1ng date the ~ day of
'jJ;y {/E ¡1t(l.E-tZ- 192{, have acknowledged the same before
me 111 my City and State aforesaid.
~¿;~
G1ven under my hand th1S ~ day
!VOVC¡tI/1Ct;è ,1r/]l. ~2
My ço~i"",on EXpHe", 3ÓjOoJ~mlf:'f:;'~'fij
of
I
I
:1
6
- 20 -
Item 111-G.3.
CONSENT AGENDA
ITEM # 35370
Upon motion by Vice Mayor Fentress,
Counci I APPROVED:
seconded by CounCI Iman S%soms,
City
LOW BID with advance notice to proceed:
CONTRACTORS PAVING CO., I~C.
Rosemont Road
Phase IV
C I D #2-075
$2,931,780.80
Voting:
1 i-O
Council Members Voting Aye:
John A. 8aum, James W, Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Helschober, LoUIS R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndort, ~dncy K. Darker
and William D. Sessoms, Jr.
Counc I I Members Vot I ng Nay:
None
Counci I Members Absent:
None
February 25, 1992
- 21 -
Item III-G.4.
CONSENT AGENDA
ITf!ol # 35371
Upon motIon by VIce ~Iayor
CounCIl ADOPTED:
Fentress,
seconded
by
CouncIlman Sessoms,
CIty
OrdInance authorIzIng tax refunds In the amount of
$2,133.97 upon applIcatIon of certaIn persons and
upon certIfIcatIon of the CIty Treasurer for
payment.
VotIng:
11-0
CouncIl Members VotIng Aye:
John A. Baum, James W. BrazIer, Jr., Robert W.
Clyburn, VIce ~ayor Robert E. Fentress, Harold
Helschober, LOUIS R. Jones, Paul J. LanteIgne, Reba S.
McClanan, :1ayor ~leyera E. Oberndorf, Nancy K. Parker
and WIllIam D. Sessoms, Jr.
CouncIl ~embers VotIng Nay:
Kone
CouncIl Members Absent:
None
February 25, 1992
2/7 /92
H1C
OR" NO C ^ 7
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERT AIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
That the following applications for tax refunds upon certification of the Treasurer are hereby approved
NAME Tax Type Ticket Exonera. Date Penalty Int Total
Year 01 Tax Number tlon No Paid
C Wlnston & Martha Athey 92 RE(1/2) 3738-2 12/4/91 476.17
John F Jr & Llnda Gayle 92 RE(1/2) 41352-7 12/3/91 54.06
Jerer'lY Shulman 92 RE(1/2) 105453-8 12/5/91 272.50
Church Dolnt Assoc 92 RE(1/2) 20935-7 12/5/91 430.54
Alan W & Lesl1e Keck 92 RE(1/2) 71894-9 12/4/91 84.46
E H Brooks 92 RE(1/2) 13562-2 12/5/91 15.83
Montrey G Lucas 92 RE(1/2) 69317-2 11/12/91 38.97
Josephlne M Baldwln 92 RE(1/2) 5125-8 12/5/91 34.34
Mldland Mortgaqe Company 92 RE (1/2) 60521-3 11/26/91 6540
FHst Home Federal Assoc/CA 92 RE(1/2) 7799-9 11/26/91 26.99
Sovran Mort9age Corp 91 RE(1/2) 120698-3 12/5/90 71 07
Sovran Mort9age Corp 91 RE(2/2) 120698-3 6/5/91 71.07
Brlan K & Lena Vosler 89 RE(2/2) 114121-7 6/5/89 77.77
Va Marlne 5clence Museum 89 RE(1/2) 114119-1 12/5/88 155.55
Va Manne 5clence r1useum 89 RE(2/2) 114119-1 5/16/89 103.70
Va Marlne 5clence Museum 89 RE(1/2) 114121-7 12/5/88 155.55-~
Total
2,856.19 .
2,133.97
D~vfA'd
'\
?~
This ordinance shall be effective from date of adoption
The abov~ sbatcment(s) totaling
$2. 133.97 were approved by
the Council of the City of Virginia
Beach on the J'L day of r~
c "'~"J~-
Jo T Atkinson, Treasurer
Approved as to form
Ruth Hodges Smith
City Clerk
- 22 -
I tern I I I - I . H. 1
PUBLIC HEAR I NG
ITEM # 35372
PLANNING
Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on:
PLANNING
(a) THOMAS R. DUNFORD and JA~ES M. PENDERGAST
CONDITIONAL USE PER~IT
(b) THOMAS C. KAY
CONDITIONAL USE PERMIT
AND
VARIANCE
(c) ARAGONA LODGE NO. 1198,
LOYAL ORDER OF ~OOSE, INC.
CONDITIONAL ZONING
(d) TIDEWATER GOLF CENTER
CONDITIONAL USE PERMIT
(e) OCEAN ISLAND PARTNERS
CHANGE OF ZONING
(f) ROBERT W. SMITH
VARIANCE
AND
TIDEWATER REGIONAL GROUP HOME
CONDITIONAL USE PERMIT
(g) MARY SPADY
CONDITIONAL ZONING
(h) VIRGINIA H. MEREDITH
CONDITIONAL ZONING
February 25, 1992
- 23 -
Itemlll-H.1.a.
PUBLIC HEARING
ITEM # 35373
PLANNING
The follOWing spoke In SUPPORT of the application:
James Pendergast, 2066 Holland Road, Phone: 490-4753.
Tom Dunford, 2066 Holland Road, Phone: 490-4753.
Upon mot i on by Counc i I woman McC I anao, second.,d by Counc I I man He I schober, City
Council ADOPTED an Ordinance 'Jpon appllçatlon of THOMAS R. DUNFORD and JAMES M.
PENDERGAST for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF THOMAS R. DUNFORD AND
JAt~ES M. PENDERGAST FOR A CONOITIONAL USE PERMIT
FOR A RECREATIONAL FACI'_ITY R02921415
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Thomas R. Dunford and
James M. Pendergast for a Conditional Use Permit ar
a recreational facility of an outdoor nature
(driving range) an the west side of Yolland Road,
350 feet more or less south of Shipps Corner Road.
The parce I I S located at 2066 Ho II and Road and
contains 14.9 acreS. PRINCESS ANNE BOROUGH.
The following conditions shall be required:
1. To the greatest extent practical, the perking lot
shall be located outside of the drip line of the
trees adJacent to the cralnage ditch bls~ctlng the
site. A Best Management Practice facility to
çontrol runoff must be provided If the parking lot
is paved In the future.
2. All trees along both sides of the drainage dltçh
bisecting the site, as well as In the Northeastern
corner of the site, shall be preserved to the
maximum extent possible. A tr<'.e prot",ctlOn plan
must be subm I tted to the City Ar-bor I ST tor the
trees along both sides of the drainage ditch
bisecting the site, as well as In tne i~ortheastgrn
corner of the site.
3. Landscaping In accordancp with standards for street
front plantlngs shai I be provided along Holland
Road.
4.
InvIsible safety netting must be Installed along
t~e North, South, and West side of the driving
range If and when çonstructlon b~glns on the
adJacent property. A Board of Zoning Appeals
variance will be required for fence height ,0
excess of eight feet.
February 25, 1992
- 24 -
Item III-H.l.a.
PUBLIC HEARING
ITEM # 35374
PLANNING
This Ordinance shall be effective 10 accordance> with Section 107 (t) of the
Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-
fifth of Februdry, Nineteen Hundred and Ninety-Two.
Voting:
l1-D
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fpntress, Harold
Helschober, LouIs R. Jones, Paul J. La1telgnd, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and \~llllam D. Sessoms, Jr.
Council Members Voting Nay:
None
Council ~embers Absent:
None
February 25. 1992
- 25 -
Item III-H.l.b.
PUBLIC HEARING
ITEM # 3537'5
PLANNING
Thomas C. Kay, 1641 Princess Anne Road, Phone. 422-5000, tne applicant
Upon motion by Councilman Lanteigne, seconded by Councilman Baum, City Council
APPROVED the application ot THOMAS C. KAY for a Varlanc", to Section 4.4(b) of
the SubdivIsion Ordinance and ADOPTED the Conditional Use Permit:
Application ot Thomas C. Kay for a Variance to
Section 4.4(b) at the Subdivision Ordinance. the
property IS 10cato'Jd at 1641 Prlnc,.,ss ~nn" Road.
PUNGO BOROUGH
AN u,
ORD I NANCE UPON APPL I CA T I ON OF THOMAS C. KAY FOR A
CONDITIONAL USE PERMlr FOR ,~ SINGLE FAMILY
RESIDENTIAL LOT IN TYE AG DISTRICT RO2921416
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA ~EACH, VIRGINIA
Ord I nance upon app II cat I on of Thomas C. Kay for a
Conditional Use Permit tor a single tamlly
residential lot In the AG District and for a mobile
home for tarm laborers on the west side of Princess
Anne Road, south ~t Muddy Creek Road. T~e parcel IS
located at 164 1 Pr I nc"ss Anne Road and conta I ns
71.31 acres. PUNc,O '30ROUGH
The following conditions shall be required:
1. T"e curb cut for Lot D sha II be located at t,e
Southernmost end at the site, adjacenr to the
existing curb cut e>n the neighboring lot. Þ. one-
foot no Ingrcss/egr",ss easemenr is reqUired along
the remainder of lot D with a standard 15 foot curb
cut.
2. The minimum front yard setback tor dll structures
on proposed Lot D shal: be two hundred feet from
Princess Anne Road. T~ls will place 'itr<Jctures
behind the existing trees.
3. Existing trees on the site shall be preserved to
the maximum extent prdctlcal.
4. The mobile home IS approved until the single family
home on Lot D IS constrJcted, but not to exceed one
year. ~s required by the City Zoni~g Ordinance,
the applicant nust sub~lt an affidavit to the
Planning Departmenf within the f,,-st ten days of
each ca I endar year assur I ng thdt the res I dents of
the mobile home are ~ona tide farm employees and
their families.
February 25, 1992
- 26 -
Item III-H.l.b.
PUBLIC HEARING
ITEM # 35375 (Continued)
PLANNING
This Ordinance shall be effective
Zoning Ordinance.
,n accordance 'lit" Section 107 (f) ot the
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-
fifth of February, Nineteen Hundred and Ninety-Two.
Voting:
10-1
Council Members Voting Aye:
John A. 5aum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. F"ntress, Harold
Helschober, Louis R. Jones, Daul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf and William O.
Sessoms, Jr.
Council Members Voting Nay:
Nancy K. Parker
Council Members Absent:
None
February 25, 1992
- 27 -
Item 111-'1.1.c.
PUBLIC HEARING
ITEM II 35376
PLANNING
Attorney Charles Salle', 192 Sallard Court, "hone. 4<)0-3000, represented the
applicant
~11lton Clemmons, 192 Ballard Court, Phone: 490-3000,
Upon mot I on by Conc I I woman McC I anan, seconded by Conc I I man Braz I er, City
Council ADOPTED an Ordinance upon application of ARAGONA LODGE NO. 1998, LOYAL
ORDER OF MOOSE, INC. for a Conditional Zoning ~I~trlct ClasSification:
ORD 1 NANCE UPON APPL I CA T I ON OF AKAGONA LJDGE NO.
1998, LOYAL ORDER OF MOOSE, INC. cOR A CONDITIONAL
ZONING DISTRICT CLASSIFICATION FRO~1 R-7.c' TO 0-2
Z01921341
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACrl, VIRGI~IA
Or d i nance upon app I I cat, on of Aragona Lodge No.
1198, Loyal Order at t~oo5e, Inc., for a Conditional
Zoning CJlstrlct Classl tlcatlon from R-7.5
Residential District to 0-2 Office District at the
northwest corner of Lynnhaven Parkway and Lamplight
Lane on Lots 3-1-37, Block 13, Princess Anne Plaza.
The proposed zoning classification to 0-2 Office
District 15 for oftlce land use. The Comprehensive
Plan recommends use of this parcel for suburban
medium density residential land USe at densities
that are compatible with single family use In
accordance wit" other "Ian policies. Said parcel
contains 1.11ói acres. PRINCESS ANNE BOKOUGrl.
The following conditions shall be required:
1. Amended Agreement encompass' ng prof fers sha II be
recorded with the Clerk of the Circuit Court dnd IS
hereby made a pdrt of the proceedings.
2. Memordndum dated February 21,
Scott, Director of Planning,
City Manager, advIsing the
amended. Sa I d memo I s hereby
procedlngs.
i992, from Robert J.
to James K. Spore,
Agreement had been
made a part of the
The term "private club" has been deleted from
proffers lb, 4 and 5. The only conditional use
that could be developed on thp site IS a
private lodge.
The phrase "and a proposed pavi lion shall not
be constructed on Lot 34 of the Property" has
been edded to condItion 116.
The phrase "all lighting on the property shall
be d I reeted away f rom res I dent ¡ a I areas" has
been added to proffer ij7.
February 25, 1992
- 28 -
Item 111-H.1.c.
PUBLIC HEARING
ITEM # 35376 (Continued)
PLANNING
This Ordinance shall be effective
Zoning Ordinance.
In accordance with Sectl"n 107 (f) of the
Adopted by the Council of the City of Virginia 3each, Virginia, on the Twenty-
fifth of February, Nineteen Hundred and Nlndty-Two.
Voting:
11-0
Council Members Voting Aye:
John A, Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. F,mtress, Harold
Helschober, LoUIS R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndort, ~ancy K. ParKer
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Non"
February 25, 1992
City of Virgir:l.ia B.each
INTER-OFFICE CORRESPONVENCE
February 21, 1992
FROM:
James K. spore
Robert J. Scott ~
DEPT: Executive
TO:
DEPT:
Planning
SUBJECT:
Aragona Lodge No. 1198, Loyal Order of Moose, Inc.,
Conditional Rezoning from R-7.5 Residential
District to 0-2 Office District, Lots 34-37, Block
13, princess Anne Plaza, 1.1161 Acres, Princess
Anne Borough, city council Age~da on February 25,
1992
On January 28, 1992, City council deferred the above
referenced application to permit the applicant time to amend
the submitted proffer agreement. The agreement has been
amended as follows:
1. The tepn "private. club" has been deleted from proffers
~lb, 4 and 5. The only conditional use that could be
developed on the site is a private lodge.
2.
The phrase "and a proposed pavilion shall not be
bonstructed on Lot 34 of the property" has been added to
condition #6.
3.
The ~hrase "all lighting on the Property shall be
'Q~rec ed -mvay from residential areas" has been added to
condition #7.
All of the proposed changes render the application more
compatible with the adjoining residential neighborhood and are
acceptable to the Planning Department.
RJS:KL:dca
II
ARAGONA VILLAGE LODGE NO. 1198
LOYAL ORDER OF MOOSE, INCORPORATED
TO
(COVENANTS AND RESTRICTIONS)
CITY OF VIRGINIA BEACH,
a Municipal Corporation of
the Commonwealth of Virginia
THIS AGREEMENT, made this 1st day of May, 1991, between
ARAGONA VILLAGE LODGE NO. 1198, LOYAL ORDER OF MOOSE,
INCORPORATED (the "Grantor") and CITY OF VIRGINIA BEACH, a
municipal corporation of the Commonwealth of Virginia, (the
"Grantee"):
WITNESSETH THAT
WHEREAS, the Grantor has initiated an amendment to the Zoning
Map of the City of Virginia Beach, Virginia, by petition of the
Grantor addressed to the Grantee, so as to change the
classification of the Grantor's property from R-7.5 Residential
District, to 0-2, Office District on certain property (the
"Property") in Princess Anne Borough, in the City of Virginia
Beach, virginia, described in Exhibit A attached hereto and made
a part hereof.
WHEREAS, the Grantor is the owner of certain property (the
"Adjacent Property") located adjacent to the Property and
described in Exhibit B attached hereto and made a part hereof:
and
WHEREAS, the Grantee's policy is to provide only for the
orderly development of land, for various purposes, including
office development, through zoning and other land development
legislation; and
WHEREAS, the Grantor acknowledges that in order to prevent
incompatible land use certain reasonable conditions governing the
use of the Property and the Adjacent property, in addition to the
regulations generally applicable to land similarly zoned 0-2, are
required to cope with the situation which the grantor's rezoning
application gives rise to; and
WHEREAS, the Grantor has voluntarily proffered in writing, in
advance of and prior to the public hearing before the Grantee, as
a part of the proposed amendment to the Zoning Map, in addition
to the regulations provided for the 0-2 zoning district of the
Zoning Ordinance, the following reasonable conditions related to
the physical development and operation of the Property and the
Adjacent Property to be adopted as a part of the amendment to the
Zoning Map relative to the Property, which have a reasonable
relation to the use of the Property as rezoned 0-2 and the need
for which is generated by the rezoning; and
WHEREAS, the conditions having been proffered by the Grantor
and allowed and accepted by the Grantee as part of the amendment
to the Zoning Ordinance, such conditions shall continue in full
force and effect until a subsequent amendment changes the zoning
on the Property; provided, however, that such conditions shall
-2-
continue despite a subsequent amendment if the subsequent
amendment is part of a comprehensive implementation of a new or
substantially revised zoning ordinance, unless, notwithstanding
the foregoing, these conditions are amended or varied by written
instrument recorded in the Clerk's Office of the Circuit Court o~
the city of virginia Beach, Virginia, and executed by the record
owner of the Property at the time of recordation of such
instrument; provided, further, that the 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 advertised
pursuant to the provisions of the Code of Virginia, Section
15.1-431, which said ordinance or resolution shall be recorded
along with said instrument as conclusive evidence of such
consent;
NOW, THEREFORE, the Grantor, for itself, its successors,
assigns, grantees, and other successors in title or interest,
voluntarily and without any requirement by or exaction from the
Grantee or its governing body and without any element of
compulsion or ~ pro ~ for zoning, rezoning, site plan,
building permit, or subdivision approval, hereby makes the
following declaration of conditions and restrictions as to the
physical development and operation of the Property and the
Adjacent Property and governing the use thereof and hereby
covenants and agrees that this declaration shall constitute
-3-
covenants running with the Property and the Adjacent Property,
which shall be binding upon the Property and the Adjacent
Property and upon all parties and persons claiming under or
through the Grantor, his heirs, personal representatives,
assigns, grantees and other successors in interest or title,
namely:
1.
The Property and the Adjacent Property shall only be
used for the following principal and conditional uses and their
accessory uses and structures as defined and as otherwise
permitted from time to time by the Grantor's Zoning Ordinance:
a.
Business offices of advertising, real estate,
insurance, commercial or industrial establishments,
legal, engineering, architectural and similar
professional offices, accounting, auditing and
bookkeeping service offices, business and
management consulting services, offices of
nonprofit organizations, such as professional
organizations, civic, social and fraternal
associations.
b.
Private lodges as a conditional use.
2.
There shall be no direct ingress or egress from the
Property to Lynnhaven Parkway.
Ingress and egress from the
Property to Lynnhaven Parkway shall be through the Adjacent
Property for which cross easements shall be provided.
J.
There shall be no ingress or egress from the Property to
Lamplight Lane except for one curb cut which shall provide access
for all of the Property.
4.
All internal lot lines within the Property and between
the Adjacent Property shall be vacated prior to development of
the Property for any use other than a private lodge.
-4-
5.
The Property shall not be developed for any use other
than a private lodge unless the property is developed in
conjunction with the Adjacent Property in accordance with a
common site development plan.
6.
No structure shall be constructed on the Property or the:
Adjacent Property which exceeds thirty-five (35) feet in height
and a proposed pavilion shall not be constructed on Lot 34 of the
Property.
7.
Category IV landscaping shall be installed within the
yard area along the northern and eastern property lines of the
Property in connection with the development of the Property and
all lighting on the Property shall be directed away from
residential areas.
8.
The Grantor shall dedicate a landscape easement adjacent
to London Bridge Creek on the Property and the Adjacent Property
to be planted in accordance with the "Chesapeake Bay Preservation
Area Ordinance Buffer Area Establishment and Mitigation
Guideline."
The width of the easement shall be variable, but in
no case will the width of the easement be less than ten feet.
The easement will be planted at the time of development of either
parcel of Property.
The Grantor covenants and agrees that the Zoning
Administrator of the City of Virginia Beach, Virginia, shall be
vested with all necessary authority on behalf of the governing
body of the city of Virginia Beach, Virginia, to administer and
enforce the foregoing conditions, including (i) the ordering in
writing of the remedying of any noncompliance with such
conditions, and (ii) the bringing of legal action or suit to
insure compliance with such conditions, including mandatory or
prohibitory injunction, abatement, damages or other appropriate
action, suit or proceedings.
The failure to comply with all
conditions shall constitute cause to deny the issuance of the
required building or occupancy permits as may be appropriate.
If
aggrieved by any decision of the Zoning Administrator made
pursuant to the provisions, the Grantor shall petition the
governing body for the review thereof prior to instituting
proceedings in court.
Appropriate symbols may be noted on the
zoning map to indicate the existence of conditions attaching to
the zoning of the Property.
The ordinance and the conditions may
be made readily available and accessible for public inspection in
the Office of the Zoning Administrator and in the Planning
Department and that they may be recorded in the Clerk's Office of
the Circuit Court of the City of Virginia Beach, Virginia, and
indexed in the name of the Grantor and Grantee.
WITNESS the following signatures and seals.
By
NO. 1198,
INCORPORATED
-6-
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, 1'01:1+,,1'\ 11.l!.II'MrMfto; , the undersigned, a Notary
Public in and for the City and State aforesaid, do hereby certify
that Re....\J T. _\~"'... t;r- and 7ht,"::1~ J... Gaxlu.in J ,... , Governor and
Secretary/Admi istrator of Aragona Village Lodge No. 1198, Loyal
Order of Moose, Incorporated, whose names are signed to the
foregoing instrument bearing date on the 1st day of May, 1991,
have acknowledged the same before me in my City and State
aforesaid.
GIVEN under my hand and seal this
1991.
;7t..
8'-- day of AJDLt"m6ør-
~~i~~-:J
My Commission Expires: 7 - 31- 95
CMSO4304/rbm/REL
-7-
EXHIBIT A
All that certain lot, piece of parcel of land together with the
buildings and improvements thereon and the appurtenances thereunto
belonging, lying, situate and being in Princess Anne Borough,
virginia Beach, Virginia, and more particularly described with
reference to that certain plat of survey entitled "Survey of'
Property for Aragona Moose Lodge No. 1198, Virginia Beach,
Virginia", date June 21, 1963, and made by Frank D. Tarrall, Jr. &
Associates, Surveyors and Engineers, which said plat is duly
recorded in the Clerk's Office of the Circuit Court of the City of
Virginia Beach, Virginia, in Map Book 60, at Page 32, reference to
which said plat is hereby expressly made, and being designated on
said plat as "2.159 Acres."
GPIN 1496-12-2099
EXHIBIT B
All those certain lots, pieces or parcels of land, together with
the improvements thereon and the appurtenances thereunto belonging,
lying and situate in the City of Virginia Beach, Virginia, and
designated and described on a certain plat of survey entitled
"Subdivision of Princess Anne Plaza, section 16, Princess Anne'
Borough, Virginia Beach, Virginia", dated April 13, 1964, and made
by Frank d. Tarrall, Jr. & Associates, Surveyors and Engineers,
which plat is duly recorded in the Clerk's Office of the Circuit
Court of the City of Virginia Beach, Virginia, in Map Book 61, at
Page 2, as Lots numbers Thirty-four (34) through Thirty-seven (37),
both inclusive, in Block Thirteen (13); reference to which plat is
hereby made for a more particular description of said lots
GPIN
1496-12-4226
- 29 -
Item III-H.Ld.
PUBLIC HEARING
nEH # 35377
PLANNING
Attorney RIchard K. Stell, 219 66th Street, Phone: 428-5824, represented the
apphcant
Upon motIon by CouncIlwoman HcClanan, seconded by CouncIlman Helschober, CIty
Counnl AOOPI'ED an OrdInance upon apphcatlOn of TIDEWATER GOLF CENTER for a
CondItIonal Use PermIt:
ORDINA~CE UPO~ APPLICATIO~ OF TIDEWATER GOLF CE~TER
FOR A CO~DITIO~AL USE PER-'IIT FOR ~ RECRE~TIONAL
FACILITY OF ~N OCTDOOR ~~TVRE R0292141ì
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
OrdInance upon applIcatIon of TldewateI Golf Center
for a Condltional Use PermIt for a recreatIonal
facIlIty of an outdoor nature (golf drIvIng range)
on certaIn property located on the south sIde of
ShIpPS Corner Road, 1311 feet more or le~s west of
Holland Road. The parcel contaIns 16.06 acres.
PRINCESS ~NNE BOROUGH.
The followIng condItIons shall be required:L
1. ~ Board of ZonIng Appeals variance to fence heIght,
SectIon 20l(e) of the CIty ZonIng OrdInance.
2, If any portion of thIS use falls wlthln VIrginIa
Power's utIlIty easement, prIor to sIte plan
approval, a letter from VIrgInIa Power gIvIng the
applIcant authorIzatIon for the development must be
submItted to the Planning Department.
3. Forty-foot hIgh safety nettIng must be Installed
along both sIdes of the drIvIng raúge for a
dIstance of 600 feet, as well a~ along the heavIly
treed area adjacent to the Resource '1anagement
Area component of the Chesapeake Ba} PreservatIon
Area. InvIsIble safety nettIng shall be Installed
along ShIppS Corner Road and regular safety nettIng
may be Installed along the heavIly trepd area In
the back untIl such tIme as development occurs when
the applIcant volunteered to Install InvIsIble
nettIng In that area also.
4. LandscapIng In accordance wIth standards for street
front piantings shall be provIded along ShIppS
Corner Road.
5. ~o more than 2,000 square feet of the 6,000 square
feet bUIldIng shall be dedIcated to retaIl sales,
4000 square feet shall encompass the storaRe and
work area.
6. The hours of operatIon shall be from 9:00 A.H. to
10:00 P.'I.
February 25, 1992
- 30 -
I tem I I I -'-I. 1 . d.
PUBLIC HEARING
ITEM # 35377 (CcntI1ued)
PLANNING
This Ordinance shall
Zoning Ordinance.
be effectl ve
In accordance with Section 107 (f) of the
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-
fifth of February, ~Ineteen Hundred and Ninety-Two.
Voting:
11-{)
Council Members Voting Aye:
John A. Baum, James Ii. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Helschober, LouIs R. Janes, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy 1(. "arker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
'~one
February 25, 1992
- 3\ -
Item III-H.Le,
PUBLIC HEARING
IT!»I # 35378
PLANNING
Tuck Bowle, 1709 Oxen Cour t, Phone: 481-2742, represented the appllcant and
requested INDEFINITE DEFERRAL due to recent pa"sage of the water conservatIon
ordlnance and the Inablllty to connect to the water system, IndlvIdual wells
must be InvestIgated.
Cpon motIon by Councllman Lantelgne, seconded by CouncIlman Sessoms, CIty
CounCIl DEFERRED INDEFINITELY an Ordlnance upon appl1catlOn of OCEAN ISLAND
PARTNERS for a Change of Zomng:
ORDI~ANCE UPON APPLICATIO~ OF OCEA~ ISLAND PARTNERS
fOR A CHANGE OF ZONING DISTRICT CLASSIFICATION fROM
B-4 TO R-IO
Ordlnance upon appllcatlon of Ocean Island Partners
for a Change of ZonIng DIstrIct Cla~slflcatlon from
B-4 Resort CommerCIal D LStrICt to R-IO ResIdentlal
DIstrIct on certaIn property located at the
southeast IntersectIon of SandpIper Road and WhIte
Cap Lane. The proposed zonIng classIfIcatIon change
to R-IO Resldentlal DIstrIct IS for slngle famlly
land use at a densIty no greater than 4 dwelhng
unIts per acre, The Comprehensl ve Plan recommends
use of the parcel for a resort actIvIty center. The
parcel contaIns 9.88 acres. PU~GO BOROÚGH,
VotIng:
ll-O
CouncIl Members Votlng Aye:
John A. Baum, James W, BrazIer, Jr., Robert W.
Clyburn, VIce 'Iayor Robert E. Fentress, Harold
Helschober, LOUIS R. Jones, Paul J, Lantelgne, Reba S,
McCLanan, Hayor èleyera E. Oberndorf, Nancy K. Parker
and WIlllam D. Sessoms, Jr,
Councll Members VotIng Nay:
None
Councll Members Absent:
None
February 25, 1992
- 32 -
Item III-H.l.f.
PUBLIC HEARING
ITEM # 35379
PLANNING
The Hayor read a letter from John C. Hatlsh, Executlve DIrector - T:tdewater
Regional Group Home CommIssion. dated February 21, 1991, request:tng WITHDRAWAL.
SaId letter shall be made a part of the record. The Commlsslon and the V:trg1nIa
Beach JuvenIle Court remaIn commItted to flndlng a locatlon for the program,
and w1ll be returnIng to CIty Councd '" th a proposal for dnother less
controvers1al locat1on In the future.
The follO\<lng speakers representIng the Kenstock CIVIC League, reg1stered 1n
OPPOSITION, but were not 1n obJect1on to the WITHDRAWAL and WAIVED then
rIght to speak:
Kelth Slattum, 2409 Kenstock Drlve, Phone: 340-1196
Robert F. Jordan, Jr., 500 Long Leaf Road, 63-6908
Jay Cohen, Torrey Place
Mrs. Carmen Futrell, Longleaf, Phone: 498-4246
Theresa Dans, 2528 Per1tan Road, Phone: 498-19R2
Nancy ~hnto
~llilam A. HIlls, 2413 Perltan Road,
Jav Collen, 2548 Torrev Place
Ro~ald P. Gust1n, 2518'Longleaf Court, Phone: 498-427:;
Debra-Ann H1lls, 2413 Per1tan Phone: 463-5649
George Slater, 524 Longleaf Road, Phone: 340-3649
Ph1ll1p LeCroy, 533 longleaf Road, Phone; 340-5840
D1ane LeCroy, 533 Longleaf Road, Phone: 340-5840
Upon mot1on by CouncIlman Brazler, seconded by Counc1lman Sessoms, CIty Counc11
AlJ1)WED WITHDRAWAL of the applIcatIon of ROBERT W. SMITH for a Vanance to
SectIon 4.4(b) of the Subd1v1s1on OrdInance and OrdInance upon applIcatIon of
TIDEWATER REGIONAL GROUP HOME COMMISSION for a Cond1tional Lse Perm1t:
Appl1catlon of Robert ~. SmIth for a Var:tance to
Sect:ton 4,4(b) of the Subd1ns1on Ordlnance, The
property 1S located on the west sIde of Old Great
Neck Road north of Reagan Avenue. LYKNHAVEN BOORUGH
A II D,
ORDINANCE UPON APPLICATION OF TIDEWATER REGlOKAL
GROUP HOME CO~r-IISSlON FOR A CONDITIOKAL USE PER~IIT
FOR A GRO~P HOHE
Ordlflance upon applIcatIOn of TIdewateI Reglonal
Group Home CommIssIon for a CondltIonal Use PermIt
for a group home on the west sIde of Old Geat Neck
Road, 750 feet more or less north of Reagan Avenue.
The parcel IS ]ocated at 461 Old Great Keck Road
and contaIns 15,283.6 square feet. LYNNHAVEN
BOROUGH,
February 25, 1992
- 33 -
Item III-H.l.f.
PUBLIC HEARING
lTL'1 # 35379 (ContInued)
PLANNING
VotIng:
11-0
CouncIl Members VotIng Aye:
John A. Baum, James W. BrazIer, Jr" Robert Vi,
Clyburn, VIce '1ayor Robert E. Fentress, Harold
Helschober, LOUIS R, Jones, Paul J. LanteIgne, Reba S.
McClanan, ~1ayor Meyera E. Oberndort, Kancy K, Parker
and WIllIam D. Sessoms, Jr.
Council Members VotIng Kay:
None
CouncIl Members Absent:
None
February 25, 1992
- 34 -
Item III-H.l.g.
PUBLIC HEARING
ITEM if 3S38a
PLANNING
The following registered In OPPOSITION, but were not OPPOSEO to tne DEFERRAL
Michael G. Ash, 5149 Bellamy Manaor Drive, "hone: 49S-0307
Judith Ann Sedell, S124 Hillcrest Lane, Phone: 474-0965, did not speak
Upon motion by Councilman Clyburn, seconded by Counci Iman Baum, city Counci I
DEFERRED to the City Council Session of May 26, 1992, Jrdlnance upon
application of MARY SPADY for a Conditional Zor,lng District ':Iassoflcatlon:
ORDI~ANCE UPO~ APPLICATION OF MARY SPADY FOR A
CONDITIONAL ZONII\G DISTRICT CLASSlloIC~TIO'~ FROM R-
IO TO 0-1
Ord I nance upon app II cat I on of Mary Spady for a
Conditional Zoning District Classl flcatlon from R-
10 Residential District to a-' Office District at
the southeast corner of Kempsville Road and Lobaugh
Drive. The proposed zaring classification change to
0-1 Office District IS for of tiC^' land us;,. The
Comprehens I ve P I an recorn<ònds us,. of th I S ;¡arce I for
suburban medium d<ònslty residential land use at
densities tha' ar<ò compatible with sInJI€ tdmlly
use In accordance with other ;¡Ia~ policies. The
parcel IS locatgd at 844 Kempsville Road and
contains 32,974.92 square reet. KEMPSVILL¿ BOROUGH.
Voting:
10-1
Counc I I I~embers Vot I ng Aye:
John A. Baum, James W. Brazier, Jr., RoDert W.
Clyburn, Vice Mayor Robert E. Fentress, ~arold
Helschober, LoUIS q. Jones, "aul J. lanteigne, Maýor
~leyera E. Oberndorf, Nancy K. Parker and \"lllam D.
Sessoms, Jr.
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
None
February 25, 1992
- 35 -
Itemlll-H.1.h.
PUBLIC HEARING
ITEM II 35381
PLANNING
Letter from Virginia C;. ~~eredlth dated January 9, 1992, request ng WITHDRAWAL
of the application as this property was sold, IS hereby made a ~art of the
record.
T~e Zoning Study of the Cape Story Area IS hereby made a part ot tne record.
Upon motion by Councilman Brazier, seconded by Vice Mayor Fentress, City
Council ALLOWED WITHDRAWAL of the Ordinance upon application of VIRGINIA H.
MEREDITH for a Conditional Zo~lng Classl tlcatlon:
ORDINANCE UPON APPLICATION OF VIRGI~IA J-. MEREDITH
FOR A CONDITIONAL ZONING CLASSIFIC~TION "ROM R-7.5
TO R-5R.
Ordinance upon application of Virginia H. Meredith
for a Conditional Zoning Classl tlcatlon trom Q-7."
Rs1dentlal District to R-5R ~esldentlal Resort
District on Lot 1001, Plat 111, Cape Story by the
Sea. T~e proposC)d zoning classl tlcatlon change to
R-5R Residential Resort District IS tor residential
land use at a density no great",r than', dwelling
units per acre. Th" Comprehensive Plan recommends
use of th I S parc" I tor suburban med I UI'1 dens I ty
reslde~tlal at densltltes that are compatible ""th
single-family us~ In accordanc,' \lItn ct~er Dlan
policies. The parcel 1s located dt 2692 O~ean Shore
Avenue and contal1s 7,150 square teet. LYNNHAVEN
BOROUGH.
Voting:
11-0
Council Members VOtl1g Aye:
John A. 8aum, James W. Brazier, Jr., Hobert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Helschober, LouIs R. Jones. Daul J. Lanteigne, Reba S.
McCIanan, Mayor Meyera [, Oberndort, Nancy K. Parker
and \'lllllam D. Sessol'1s, Jr.
Council Members Voting Nay:
None
Council Members Absent:
No~e
February 25, 1992
- 3ó -
Item 111-J.1.a..
NEW BUSINESS
ITEM # 35382
COUNCIL-SPONSORED ITEMS
Upon motion by Councilwoman McC;lanan, <;econd"d ~y Councilman Baum, City Council
ADOPTED, AS REVISED:
Resolution recognizing 'outstanding achl'Òvement of
members of City Staff re administering tne Erosion
and Sediment Control Program.
Voting:
11-0
Counc I I Members Vot I ng Aye:
John A. ßaum, James II. Brazier, Jr., ¡<obert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Helschober, Loul> R. Jones, Paul J. Lantelgnp, Reba S.
McClanan. Mayor Meyera E. Oberndorf, Nancy '\. Parker
and William D. S"-ssoms, Jr.
CouncI I Members Voting Nay:
None
Council Members Absent:
f;one
February 25, 1992
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
Requested by Councilmember Reba McClanan
1
2
3
4
A RESOLUTION TO RECOGNIZE ACHIEVEMENT OF THE
MEMBERS OF CITY STAFF WHO HAVE BEEN INVOLVED
IN ADMINISTERING THE EROSION AND SEDIMENT
CONTROL PROGRAM
5
WHEREAS, the prevention of soil erosion and the control
6
of sediment in the lands and waterways of Virginia Beach are vital
7
to the environmental well being of the city and to the quality of
8
life enjoyed by our citlzens;
9
WHEREAS, the control of sediment in the city's lands and
waterways is also vitally important to the water quality of the
lower Chesapeake Bay and the City's southern watersheds, affecting
tidal wetlands and a multi-million dollar fishing industry;
WHEREAS,
individual members
staff have been
city
of
involved in administering the Virginia Beach Erosion and Sediment
Control Program;
WHEREAS, the Highway Inspections Bureau of the Department
of Public Works/Highway Division has been particularly instrumental
in developing an educational awareness program to educate the
general public, the development community, and City staff regarding
the lmportance of the City's Erosion and Sediment Control Program;
WHEREAS,
the vlrginia Department of Conservation and
Recreatlon,
Division
and
Soil
Conservation,
of
Water
having
evaluated all erosion and sediment control programs statewide, has
adjudged the Virginia Beach program to be the best in the southeast
region and one of the two best in the entire State, in terms of
both organization and performance; and
WHEREAS, the educational awareness program has developed
into, and been a positive influence on, the overall Program, and
has
contributed to
from the
greatly
recognition received
the
Commonwealth;
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the City Council hereby recogn1zes the outstanding
achievement of the members of City staff, and in particular the
staff of the Highway Inspections Bureau of the Department of Public
Works/Highway
Division,
industry,
whose
thoroughness,
and
dedication in the admin1stration of the city's Erosion and Sediment
Control Program have contributed in such significant measure to the
environment,
economic soundness,
and aesthetics of the City of
Virginia Beach.
Adopted by the Council of the city of Virginia Beach,
Virg1nia, on the
23
February
1992.
day of
CA-4578
ORDIN\NONCODE\PWREC2.RES
R-4
2
- 37 -
Item III-J.l.b.
NEW BUSINESS
ITEt~ # 353d3
ADD-ON
V,ce Mayor Fentress adY1s"d The Zoning Study of the Cape Story Area is
excellent and he agrees with the findings particularly related to nonconforming
duplex units and Illegal duplex units. The Vice Mayor requested 3'lOther s1mllar
study be prepared concerning North Vlrglnla Beach on the ocpanfront.
February 2~, 1992
- 38 -
Item III-K.La.
UNFINISHED BUSINESS
11TH # 35384
ADD-ON
CouncIlwoman Parker referenced the PublIc-Use Golf Course Committee report and
correspondence receIved.
The CIty Hanager advIsed hIS recommendatIons regardIng thIS report wIll be
SCHEDULED for the CIty CouncIl SeSSIon of March Tenth or March Twenty-fourth.
CouncIlman Sessoms advIsed he wIll be unable to attend the CIty CouncIl SessIon
of Harch 10, 1992, and requested the recommendatIon" not be scheduled on thIS
date,
rebruary 25, 1992
- 39 -
Item II 1-,<.1. a.
UNFINISHED BUSINESS
ITEM ¡J 3~385
ADD-ON
Councilwoman Parker referenced the major recreatlo1al area In the Southern
portion of the City, Transitional Three. Councilwoman Park~r InqUired whether
this would Je coming forward to City Council during the month of March.
The City Manager adv I sed a BR I EF I NG wou I d be SCHEDULED tor the City Counc I I
Session at March 10, 1992.
Counc I I man Saum adv I sed the SOUTHERN WATERSHED STUDY I S a I so SCHEDULED for
March 10, 1992. Councilman Baum was concerned relat;ve the continued
postponments ot this Briefing.
Robert J. Scott, D I rector ,~t P I ann lng, adv I sed tnere wou I d Je two separate
Items SCHEDULED for the City Councl! ~genda ;:¡- t~arcn 10, 1992 <T~ese are two
s¿pardte Jut related Items).
AMENDMENT TO THE COMPREHENSIVE PLAN
(TransitIon Three)
SOUTHERN WATERSHED MANAGEMENT ORDINANCE
"Ir. Scott ad'; I sed cop I es of the Southern Watershed Mangement Ord I nance w I II be
forwarded.
BY CONSENSUS, City Counci I SCHEDULED STORMWATER MANAGEMENT:
BRIEFING,
ORDINANCE:
March 10, 1992
March 24, 1992
February 25, 1992
- 40-
Item III-L.l.
ADJOURNMENT
ITF"'! # 35386
Upon motIOn by CounCllman Baum, and BY CONSEt\SLJS, City CouncIl ADJOURNED the
MeetIng at 7:00 P.M.
~¿ t! y,,(
~~ u. ~
Beverly 0 oaks, CMC
ChIef Deputy CIty Clerk
'~J~~
th Hodge SmIth, CMC/AAE
City Clerk
Meyera E. Oberndorf
'layor
CIty of VIrglnIa Beach
V, rgInIa
Februarv 25, ]992