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Home My WebLink AboutMAY 26, 1992 MINUTES "f @ijrggii-ai" 13@@@" "WORLD'S LARGEST RESORT CITY" CITY (:C)UNCIL 'ICE MAYOR ROBERT E B ... I J-@ . .-IER JR R.BER7 . Cl.-, -,ill, -.,l HA@OW 11 I,, -- R j@IEl B-.1, -@,l .Ull @ITEII;- l@, -.,l -11 @UIUIING CEII@L @-E I .-I Ii,, 11,@,, CITY COUNCIL AGENDA @'@ES SWI-. 'MI @ -E, 'i', "I MAY 26, 1992 ITEM 1. CITY MANAGER'S BRIEFINGS - Council Chamber 3:00 PM A. RESIDENTIAL PARKING PERMIT PROGRAM Ralph A. Smith, Director, Public Works B. REDEFINITION OF SURFING AREAS Robert J. Hudome, Resort Area Services Coordinator Convention and Visitor Development ITEM 11. INFORMAL SESSION - Council Chamber - 4:00 PM A. CALL TO ORDER - Vice Mayor Robert E. Fentress, Presiding B. ROLL CALL OF CITY COUNCIL C. RECESS TO EXECUTIVE SESSION ITEM 111. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Vice Mayor Robert E. Fentress, Presiding B. INVOCATION: Reverend Edward Garrett Haygood United Methodist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF EXECUTIVE SESSION F. MINUTES 1. INFORMAL & FORMAL SESSION - May 12, 1992 G. CONSENT AGENDA All matters I i sted under the Consent Agenda are cons! dered 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. 1. Ordinance to AMEND and REORDAIN the Code of the City of Virginia Beach, Virginia, by ADDING Section 21-87 re alteration or forgery of vehicle decals. 2. Ordinance authorizing the City Manager to apply to the U. S. Department of Housing and Urban Development f or the Eighteenth Year entitlement of Community Development Block Grant Funds. 3. Ordinances to TRANSFER funds from General Fund Reserves for reimbursement to the Water and Sewer Fund re refunding charitable gifts of Tidewater Builders Association's water and sewer fees: a. $2,222 1992 Homerama Charity House (Church Point Associates) b. $1,994 1991 Scholarship House (Rosewell Corporation) 4. Ordinances appointing viewers in the petitions of: a. Whitt G. Sessoms ill for the closure of a portion of a 15' alley adjacent to Lots 4, 5, 16 and 17, Block 20, Croatan Beach (LYNNHAVEN BOROUGH). b. The Runnymede Corporation for the closure of a portion of Walnut Street at the North side of South Boulevard, Windsor Woods (LYNNHAVEN BOROUGH). 5. Ordinance authorizing tax refunds in the amount of $1,990.50. 6. Ordinance authorizing license refunds in the amount of $8,916.27. H. RESOLUTION/ORDINANCES 1. Resolution approving and referring to the Planning Commission City Staff recommendations relating to the City's compliance with the Chesapeake Bey Preservation Area Act and its regulations. 2. Ordinance to AMEND and REORDAIN Section 3(a) of Water Supply Emergency Ordinance No. 92-2112C re Lake Gaston Pipeline Project. 3. Ordinance to AMEND and REORDAIN Chapter 21 of the Code of the City of Virginia Beach, Virginia, by ADDING Section 21-259 re cruising in the Resort Area. J. PUBLIC HEARING 1. PLANNING BY CONSENT a. Application of PM] REALTY, INC. for a Conditional Use Permit for a church on the East side of Euclid Toad-, South of Norfolk & Southern Railroad @4966 Euclid Road, Suites 101 and 102), containing 1.477 acres (KEMPSVILLE BOROUGH). Recommendation: APPROVAL b. Application of UNITED HOUSE OF PRAYER FOR ALL PEOPLE for a Conditional Use Permit for an Apostolic church on the East side of Princess Anne Road, 900 teet South of Providence Road, containing 4.78 acres (KEMPSVILLE BOROUGH). Recommendation: APPROVAL c. Application of VIRGINIA METRONET, INC. for a Conditional Use Permit for a 115-foot monopole communications tower on the North side of Central Drive, West ot London Bridge Road (529 Central Drive), containing 1.24 acres (LYNNHAVEN AND PRINCESS ANNE BOROUGHS). Recommendation: APPROVAL d. Application of VIRGINIA CELLULAR LTD. PARTNERSHIP, CONTEL CELLULAR, INC., General Partner, for a Conditional Use Permit for a monopole communication tower n the East side of Baker Road, 710.82 feet North of Northampton Boulevard, containing 1,182 square feet (BAYSIDE BOROUGH). Recommendation: APPROVAL e. Application of J & G COMPANY for a Conditional Use Permit for motor vehicle sales on the South side of Virginia Beach Boulevard, 650 feet more or less East of Parker Lane (2413 Virginia Beach Boulevard), containing 12,675.96 square teet (LYNNHAVEN BOROUGH). Recommendation: APPROVAL 2. PLANNING a. Application of MARY SPADY for a Conditional Zoning District Classification trom R-10 Residential District to 0-1 Office District at the Southeast corner of Kempsville Road and Lobaugh Drive (844 Kempsville Road), containing 32,974.92 square feet (KEMPSVILLE BOROUGH). Deferred: February 25, 1992 Recommendation: APPROVAL b. Application of R. G. MOORE BUILDING CORPORATION tor a modification to the Ocean Lakes Master Plan to allow townhouse development in lieu of multiple fami ly development on Parcel A-2 on the East side of Bold Ruler Drive, 1564.9 feet South of Dam Neck Road, containing 20.791 acres (PRINCESS ANNE BOROUGH). Deferred: April 14, 1992 and May 12, 1992 Recommendation: APPROVAL c. Appl ication of URBAN ASSOCIATES-THREE for a Conditional Use Permit for an automobi le repair garage on Lots 44 and 45, Parcel A, Oceana Gardens (1444 Southern Boulevard), containing 8.92 acres (LYNNHAVEN BOROUGH). Recommendation: APPROVAL d. Application of PHYSICIANS INSTANT CARE ASSOCIATES f or a Conditional Use Permit for motor vehicle sales on the South side of Virginia Beach Boufevard, West of Opal Street (4989 Virginia Beach Boulevard), containing 32,670 square feet (BAYSIDE BOROUGH). Recommendation: APPROVAL e. Application of SANDCASTLE MOTEL, INC. for a Conditional Use Permit for a recreational facility of an (remote control race car facility) on the South side of 14th Street, 100 feet West of Atlantic Avenue, containing 21,875 square feet (LYNNHAVEN BOROUGH). Recommendation: APPROVAL f. Application of JOHN McNAMARA and DAVID SEARS for a Conditional Use Permit for a community pier on Lot B-1, Aragona Shores (925 Horseshoe Court), containing 1.73 acres (LYNNHAVEN BOROUGH). Recommendation: APPROVAL g. Application of WITCHDUCK LAKE ENTERPRISES, INC. for a Conditional Use Permit for a recreational facility of an outdoor nature (water skiing, jet skiinq, swimming, fi.shing) 6t the Western extremity of Witchduck Court, containing 54 acres (BAYSIDE BOROUGH). Recommendation: APPROVAL h. Application of BUNGEE THRILLS, INC. for a Conditional Use Permit for a recreational facility ot an outdoor nature (Or o@tron Unit) on the West side of Atlantic Avenue at the Western terminus of 2nd Street, containing i.6 acres (VIRGINIA BEACH BOROUGH). Recommendation: APPROVAL i. Application of ANTHONY and ESTHER GIORDANO 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 at 5233 Lakeshore Road, containing 1.24 acres (BAYSIDE BOROUGH). Recommendation: APPROVAL j. Application of BRUCE BARR for a Conditional Zoning District Classification from 0-2 Office District to B-2 Communitv Business District on the East side of Kempsville Road, 530 feet North of Indian River Road (1324 Kempsville Road), containing 17,859.6 square feet (KEMPSVILLE BOROUGH). Recommendation: APPROVAL J. APPOINTMENT GREENWAYS, TRAILS AND oirEWAYS COMMITTEE K. UNFINISHED BUSINESS L. NEW BUSINESS 1. COUNCIL-SPONSORED ITEMS: a. Resolution directing City Staff study and evaluate the feasibility of the creation of a public recreational facilities authority and report to Council prior to July 31, 1992. (Sponsored by Councilman William D. Sessoms, Jr. and Councilman Paul J. Lanteigne) b. Request to SCHEDULE RECONSIDERATION OF CONDITION Nu,b,, 4 in the Application of The Most Reverend Walter F. Sullivan, Bishop of the Diocese of Richmond, for a Conditional Use Permit for a Catholic hiqh school on the East side of Princess Anne Road, 1300 feet ore or less Sojth of Green Meadows Drive, containing 15 acres (KEMPSVILLE BOROUGH), (approved April 28, 1992, Item #35558). (Sponsored by Councilman Robert W. Clyburn) M. ADJOURNMENT 5/21/92 gs M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Vlrginia May 26, 1992 Vice Mayor Robert E. Fentress called to order the VIRGINIA BEACH CITY COUNCIL for the CITY MANAGER'S BRIEFINGS in the Council Chamber, City Hall Building, on May 26, 1992, at 3:00 P.M. The Vice Mayor served in the stead of Mayor Oberndorf, who was representing the City in an official visit to o,r Sister City, Miyazaki, Japan. Council Members Present: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Louis R. Jones, Paul J. Lanteigne and Nancy K. Parker Council Members Absent: Mayor Meyera E. Oberndorf (Visiting Sister City of Miyazaki, JAPAN) Harold Heischober (Attending Funeral) (ENTERED: Executive Session) Reba S. McClanan (In California with husband on business) William D. Sessoms, Jr. (Daughter undergoing surgery) (ENTERED: Executive Session) - 2 - C I T Y M A N A G E R ' S B R I E F I N G RESIDENTIAL PARKING SYSTEM PERMIT PROGRAM 3:00 P.M. ITEM # 35627 Ralph Smith, Director of Public Works, advised a problem arises in the very prosperous beach neighborhood with people late at night parking their automobiles or visiting with others parking their automobiles in these residential areas. Enforcement capabilities are limited, particularly in the public safety area, because of limited resources which must be prioritized each time when problems arise. Since the Mid 1 980 1 s, the possibility of the utilization of a residential area parking permit program has been discussed. City staff has recommended against this procedure on numerous occasions. Renewed interest occurred upon finalization of the Budget as there would be little relief in the area of additional police at the Beach. A commitment was made in November to review the program recommendation of the City Staff with the leadership of the civic and business organizations at the resort area prior to bringing a recommendation to City Council. On March 30, 1992, Mr. Smith met with this group, consisting of eighteen individuals from eight ditterent organizations, and reviewed the adverse recommendation of City Staff. City Staff concluded it was not in the best interest ot the City to go forward with a residential parking permit program. City Staff cited the following reasons tor this adverse recommendation: 1. The Program does not immediately address the problem of behavior control, although it may have some benefit. 2. The City is concerned when an Ordinance is adopted it will have application city-wide. In the early days of the program, there was some consideration as this program would be self-supporting, paid for by the permit fees of the participants. However, these fees would be extremely high (in the neighborhood of $100 a permit) in order to be self-supporting. The City Staff identified four (4) alternatives to solving the problem: 1. Continue to deter the proposal to extend the parking meter operation from the current 9 A.M. to 7 P.M. to a 24-hour per day operation. 2. Consider "No Parking" and "Restricted Parking". As there are rnany areas in the beach which do not have on-site parking, ItRestricted Parking" is not feasible. 3. City Staff will encourage advancing of the priority to establish public parking facilities through the Capital Improvement Program. This would provide an alternate to parking within the residential areas. 4. City Staff will pursue further the residential parking permit program. Mr. Smith was designated to meet with the leadership of the civic and business organizations at the resort area and develop a resort parking permit program ordinance. Mr. Smith advised the organizations involved; Resort Area Advisory Commission - Timc)thy Barrow; 2nd Precinct Citizens Advisory Committee - Charles Gardner; Hotel-Motel Association - Rick Anoia and Flo McDaniel; Resort Retallers Association - Bill Lawton; Virginia Beach Restaurant Association - Carter Turpin; Lakewood Civic League - Rick Kaufman; Pinewood Park Civic League - Judy Deford; and, the Old Beach Civic League - Anne Henry. - 3 - C I T Y M A N A G E R I S B R I E F I N G RESIDENTIAL PARKING SYSTEM PERMIT PROGRAM ITEM # 35627 (Continued) Mr. Smith advised the coffposition of the ordinance: 1. There must be an election by the residents to have "Parking by Permit only" signs installed on their block. 75% of the residents must approve this option. 2. Upon receipt of this decision in the form of a petition, a traffic survey would be conducted. The tratfic survey would determine that between Midnight and 6:00 A.M. at least 75% of the spaces are occupied and at least 25% of those spaces are occupied by vehicles with license plate numbers that do not match up with the houses on that block. 3. The residents must be within one-halt mile of a commercial area. 4. Once a designation of a permit parking area is established, a deca I sha I I be p I aced i n the rear of the car that wou I d need to park in this particular area. The cost would be $25.00. 5. The City Treasurer agreed to dispense the decals and visitor passes at a cost no greater than that of the decals. 6. If an individual parked without a decal within these blocks, a $25.00 fine would be charged and increased to $50.00, it not paid within three days. 7. Concerning Guest Passes, a rate of $10.00 for fourteen days - $5.00 for seven days and $2.00 for three days would be charged. The DRAFT Ordinance was distributed to the various organizations. The Retailers requested the starting hour be changed from 11:00 P.M. to MIDNIGHT. This would allow their employees sufficient time to retrieve their automobiles betore being subjected to being ticketed. Various civic associations requested the Guest Pass fees be lowered and they were. The Restaurant Association has requested free parking be provided for their employees in the residential area and all of the civic associations have requested the permit fees be lowered and drop the requirement for the traffic survey. In order to have an enforceable ordinance, the ordinance must address traffic problems. Mrs. Yates, attended the meetings and represented only herself. She lives in a residential area, but operates a commercial business in this area. Mrs. Yates was not in agreement with the Ordinance as it would impact her customers who would have to park on the street to secure a Guest Pass to utilize her "bed and board" facility. Cost of Decals $ 3,000 and Permits Manufacture and Install $ 3,000 Signs Enforcement: Dispatcher $4 3,000 2 Parking Attendants (7 months, 7 days/8 hrs. day) The group estimated approximately 600 individuals would purchase permits at $25.00 each for a total of $15,000 and another $2,500 would be generated from Guest Passes. This would result in a total offsetting revenue of $17,500. The City would pick up about two-thirds of the cost of the program (or $31,732). Mr. Smith advised there are 2,368 parking spaces available for off-street parking (30 parking lots), 608 parking spaces in the City owned parking lots of the Dome and Fourth Street, as well as 770 meter spaces in the Resort Area. Information concerning reduction of cost, specifically for the first year, by eliminating the positions of Dispatcher and Parking Attendants will be provided. Mr. Smith advised additional contact will be made with the organizations and the Ordinance will be returned to City Council within approximately two weeks. - 4 - C I T Y M A N A G E R 1 S B R I E F I N G REDEFINITION OF SURFING AREAS 4:00 P.M. ITEM # 35628 Robert J. Hudom, Resort Area Services Coordinator -- Conv,,tion and Visitor Developnient, distributed information which is hereby made a part of the record. As a @ans of addressing problems related to day visitors to the beach, the Croatan Comnunity Relations Committee was established with representatives trom the Croatan Civic League, City Staff and the surfing comrdinity. One problem identified the surfing area at North Croatan is larger than the surfing area at the south end of the Resort Area. Since the 2nd Street surfing area has ample parking, beach access and restrooms, the committee r,c,mmended an increase to the 2nd Street surfing area size to as large as the Croatan area. This would accommodate some of the surfers from Croatan at the 2nd Street area. This recommndation was only one of several to address the lack of publ ic parking, beach access and facilities at Croatan. The recommendation was to realign the two surfing areas at the southern section of the resort area which total 1,000 feet. The surfing area from Rudee Inlet, extending 500 feet north is a very popular area and is often overcrowded. The 500-foot surfing area between 5th and 6th Streets is seldom used. The recommendation is to eliminate the 5th Street area and widen the Rudee Inlet surfing area by 300 feet creating one 800-toot surfing area at the south end of the Resort Area. Realignment of the surfing areas at the south end of the Resort Area has several positive points: 1. Increasing the size of a very popular and often overcrowded surfing area while eliminating a seldom used area. 2. Creating one surfing area with one boundary line to enforce, while eliminating the current alignment of two surfing areas with three boundaries, and a swimming area in between. The new alignment would be much safer for swimmers and surfers and rwch more manageable for lifeguards and police. 3. Creating a beach sports activities area for both water sports and beach activities, i.e., surfing contests, volleyball contests and wind surfing in the area that has ample parking and restroom facilities. 4. Creation of this type of activities area has boen endorsed by the Resort Area Advisory Commission and the Urban Land Institute Study. Mr. Hudome reiterated various comrnents from the private sector. Robert Herman, owner of the Lighthouse Restaurant and the loop parking lot, does not endorse th i s rea I i gnment. Robert Yoder, Owner of the Schooner Hote I , was not i n f avor of the proposa I . Kent H 1 nnant, Capta i n of V i rg i n i a Beach L i tesav i ng Serv i ce, stated that the real ign@nt would be safer for both swim@rs and surfers and more rnanageable for I ifeguards and pol ice, but was concerned about losfng the rental area in front of the Schooner Hotel. Paul West, ot Eastern Surfing Association, has reviewed this proposal with the E.S.A. and despite the fact that this plan decreases the total surfing area in the Resort Area by 200 feet, wi I I endorse the proposal . Management of the Dolphin Run Condominium and Bruce Thonpson, Clarion Resort, have indicated support of the real ignment. - 5 - C I T Y M A N A G E R ' S B R I E F I N G REDEFINITION OF SURFING AREAS ITEM # 35628 (Continued) The City Staff recommendation was to realign the southern surfing areas in the Resort Area to create one 800-toot surfing area and a beach activities area for a one year trial to evaluate the impact to all concerned. Mr. Hudome advised the Committee is also investigating the possibi I ity of a rotating surfing area on the North End ot Virginia Beach starting at Forty- second Street and two or three times a week would move north, thus minimizing the impact on any one block on the North End. They are also investigating additional surfing area at Camp Pendleton, but the State is not receptive to any changes to the parking lot or beach area. The Committee will examine all surfing areas in the City, including those delineated in Mr. Hudome's presentation. - 6 - ITEM # 35629 The INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order by Vice Mayor Robert E. Fentress in the Counci I Chambers, City Hal I Bui lding, on Tuesday, May 26, 1992, at 4:05 P.M. Council Members Present: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Louis R. Jones, Paul J. Lanteigne and Nancy K. Parker Council Members Absent: Harold Heischober, Reba S. McClanan, Mayor Meyera E. Oberndorf and William D. Sessorm, Jr. - 7 - ITEM # 35630 Vice Mayor Robert E. Fentress ,t,rt,ined a motion to permit City Council to conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purposes: 1. 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 2.1-344 (A) (1). To-Wit: Appointments: Greenways, Trials and Bikeways Committee Human Rights Commission POlicY Committee Assignments - Virginia Municipal League 2. Discussion or consideration of the condition, acquisition or use of real property for public purpose, or of the disPosition of publicly-held property, or of plans for the future of a, institution which could affect the value of property owned or desirabl, f,r ownership by such institution pursuant to Section 2.1-344(A) (3). To-Wit: Acquisition of property for Parking and Roadway Purposes - Sandbridge. 3. PROSPECTIVE BU Discussion concerning a prospective us,ness or :,ndustry where no previous announcement has been made of the business' or industry's interest in locating in the community pursuant to Section 2.1-344(A) (5). Upon motion by Councilman Jones, seconded by Councilman Baum, City Council voted to proceed into EXECUTIVE SESSION. Voting: 7-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Louis R. Jones, Paul J. Lanteigne and Nancy K. Parker Council Members Voting Nay: None Council Members Absent Harold Heischober, Reba S. McClanan, Mayor Meyera E. Oberndorf and William D. Sessoms, Jr. - 8 - F 0 R M A L S E S S I 0 N VIRGINIA BEACH CITY COUNCIL May 26, 1992 6:00 P.M. V i ce Mayor Robert E. Fentress ca I I ed to order the FORMAL SESS I ON of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, May 26, 1992, at 6:00 P.M. Council Members Present: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Nancy K. Parker and William D. Sessoms, Jr. Council Members Absent: Mayor Meyera E. Oberndorf (Visiting Sister City of Miyazaki, JAPAN) Reba S. McClanan (In California with husband on business) INVOCATION: Reverend Edward Garrett Haygood United Methodist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA 9 Item III-E.l. CERTIFICATION OF EXECUTIVE SESSION ITEM 35631 Upon motion by Counci I man Baum, secon d ed by Counci I man Cl yburn, City Counci I 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 Menters Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent Reba S. McClanan and Mayor Meyera E. Oberndorf CERTIFICATION OF EXECUTIVE SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into IVE SESSION, pursuant to the affirmative vote recorded in ITEM 35630, Page No. 7, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344.1 of the Code of Virginia requires a certification by the governing body that such Executive Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best Of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; and, (b) only such public bugi@.ness matters as were identified in the motion convening this Executive Session were heard, discussed or considered by Virginia Beach City Council. th Hdge. Sith, C;CTAAE City Clerk May 26, 1992 10 - Item MINUTES ITEM # 35632 SESSIONS of Upon motion by Councilman Heischober, seconded by Counci -n Sessorm, City May 12, 1992: 1 Council APPROVED, AS AMENDED the Minutes of the NFORMAL AND FORMAL Counci I man Heischober AMENDED and CLARIFIED the intent of Motion (Item #35593, Budget Page 29). ,tMr. Vice-Mayor, with regard to the budget motion that I made at the last counci I nieeting, there is a correction that I'd I ike to make. It was understood and agreed by this Council as discussed at the May 7, 1992, budget workshop that the Comrnunity Organization Incentive Grant Al location was to be changed to ref lect the transfer of $42,000 for the Neptune Festival and $56,500 for the Litesaving Museum to the Departnients of Convention and Visitor Development and Museum respectively. It was my thought that these agreed transters were included in my motion and it was my intention to include these agreed transters in my n)otion made May 12, 1992. This correction does not change the net budget and merely implements our previously stated intent. Accordingly, I hereby move to amend the minutes of the formal session of May 12, 1992, to reflect the following addition to my nx)tion: The Comffunity Organization Incentive Grant Allocation is to be changed as follows: $42,000 is to be transferred from the Neptune Festival to the Department of Convention and Visitor Development and $56,500 is to be transferred from the Litesaving Museum to the Department of Museums." Voting: 9-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Nancy K. Parker and William D. Sessorps , Jr. Council Members Voting Nay: None Council Members Absent Reba S. McClanan and Mayor Meyera E. Oberndorf GENERAL FUND LEGISLATIVE DEPARTMENT: Municipal Council City Clerk Total EXECUTIVE DEPARTMENT: City Manager Citizen Services/Public Information Total LAW DEPARTMENT: City Attorney FINANCE DEPARTMENT: Commissioner of the Revenue Board of Equalization Director of Finance Total DEPARTMENT OF HUMAN RESOURCES: Numan Resources JUDICIAL DEPARTMENT: Circuit Court General District Court Juvenile and Domestic Relations District Court Public Defender Medical Examiner Clerk of the Circuit Court Magistrates Commonwealth's Attorney Sheriff and Corrections Juvenile Probation Total NEALTN DEPARTMENT: Preventive Medicine Contractual Health Services Personal Care Services Total SOCIAL SERVICES DEPARTMENT: Social Services POLICE DEPARTMENT: Police PUBLIC WORKS DEPARTMENT: Public Works PARKS AND RECREATION DEPARTMENT: Parks and Recreation LIBRARY DEPARTMENT: Library PLANNING DEPARTMENT: Planning AGRICULTURE DEPARTMENT: Agriculture DEPARTMENT OF ECONOMIC DEVELOPMENT: Director of Economic Development DEPARTMENT OF GENERAL SERVICES: General Services BOARDS AND COMMISSIONS: General Registrar Zoning Board of Appeals Arts and Humanities Commission Mass Transit Operations Wetlands Board of Virginia Beach Department Volunteer Council Video Services Department Total NON-DEPARTMENTAL: Community Organization Incentive Grants Employee Special Beneflts 315,127 316,009 675,715 471,458 1,147,173 1,518,634 2,734,688 16,056 1,466,796 3,212,325 3,489,447 10,919,312 2,247,763 377,300 46,186 30,723 74,329 9,075 380,933 2,056,990 10,022,675 992,391 14,005,793 $ 1,711,403 379,851 58,476 $ 2,149,730 $ 16,946,186 40,254,812 $ 42,979,625 $ 12,490,152 7,137,736 2,431,012 692,489 1,162,622 16,525,997 519,717 18,361 202,200 838,213 13,666 27,360 584,075 2,203,592 222,420 385,206 GENERAL FUND NON-DEPARTMENTAL: (-Oncluded) Revenue Reimburslm.nts Regional Pdrticip@tio@ $ 931,946 Total 619,031 $2,'F,.,6.3 FIRE DEPARTMENT: Fire $17,586,461 EMERGENCY MEDICAL SERVICES: Emergency Medical Services $1,175,711 DEPARTMENT OF MUSEUMS: Mu.eums $ 78,618 DEPARTMENT OF MANAGEMENT AND BUDGET: M.nagement and Budget $1,293,338 DEPARTMENT OF CONVENTION AND VISITOR DEVELOPMENT: C.n@ention and Visitor DevelOPment $6,840,245 HOUSING AND NEIGHBORHOOD PRESERVATION: HOusing and Neighborh.ld P'll@rv@tlo@ $ 676,156 TRANSFERS: Tr.n.for t- Oth.r F@nds $230,894,896 RESERVES: Re.erve for Contingencies $4,528,907 TOTAL GENERAL FUND $440,877,008 SCHOOL OPERATING FUND DEPARTMENT OF EDUCATION: In.truction Ad-ini.tration, Att.1d,n,, ,d le@llh $ 261,825,705 Pupil Transportati,, 9,299,030 Operations and Maintenance 11,977,734 T.tal Scho.1 Operating Fund R.quest 35,182,307 Plu.: School Mainfram. Ch.rges 318,284,776 750,000 L.s.: s@hool Mainframe Charge. to b. Ab.orb.d by Schools (150,000) Le.s: CitY M-nag-r Reduction Total S.h.01 Op.rati@g Fund R.c-m.e.d.d by City Manag.r -(8,995,884) Plus: A.ount ReStored by City C.U.Cil $ 3 9 , 8 8 8 , 89 2 Total School OPer-ting F,nd Appr.v.d by city Council -2,911,268 $12,800,160 (1) Amount. to b@ app,rtion.d in c-t-g-rie. @, @dli@ed by th. S@h..l B.a@d .. r before June 9, 1992. GRANTS CONSOLIDATED FUND JUDICIAL DEPARTMENT: CD193 Pr.-Trial Progr.m $158,259 MENTAL HEALTH/MENTAL RETARDATION/SUBSTANCE ABUSE: Mental Health/Mental Retardation/SubStanc. Abu,@ $8 6 7 , 2 0 4 HOUSING AND NEIGHBORHOOD PRESERVATION: section 8 Housing $175,963 RESERVES: Re.erv. for Conti.g.ncie. $19,958 TOTAL GRANTS CONSOLIDATED FUND $1,221,384 LAW LIBRARY FUND LIBRARY I)EPARTMENT: Law Libr.ry $176,676 RESERVES: R.e.rv. fo@ Conting.ncies $12,944 TRANSFERS: Transfer to other Funds $61,930 TOTAL LAW LIBRARY FUND $251,550 PENDLETON CHILD SERVICE CENTER FUND JUDICIAL DEPARTMENT: P-ndleton Child Service Cent.r $931,15, RESERVES: Reserve for Contingencies s 15,996 TOTAL PENDLETON CHILD SERVICE CENTER FUND $947,856 COMMUNITY DEVELOPMENT FUND HOUSING AND NEIGHBORHOOD PRESERVATION: Administration and Housing $324,11, RESERVES: R ... rve for COntingencies $ 9,359 TRANSFERS: Tr-n.fers to Oth.r Funds $342,441 TOTAL COMMUNITY DEVELOPMENT FUND $1,676,796 COMMtJNITY CORRECTIONS SPECIAL REVEMUE FUND JUDICIAL DEPARTMENT: CD193 C.re Servic./Case Man-gement $19,302 RESERVES: Re.erv. for Contingenci.s s "97 TOTAL COMMUNITY CORRECTIONS SPECIAL REVENUE FUND $3 2 1 7 9 9 MH/MR/SA FUND DEPARTMENT OF MENTAL HEALTH: Mental Health $10,997,990 RESERVES: Reserv. fOr Contingencies $135,668 TOTAL MH/MR/SA FUND $11,133,658 CD LOAN AND GRANT FUND HOUSING AND NEIGHBORHOOD PRESERVATION: Lo.n. nd G@ant. $1,070,000 HOMELESS INTERVENTION FUND HOUSING AND NEIGHBORHOOD PRESERVATION: Hom-les. Intervention $140,349 DEA SEIZED PROPERTY SPECIAL REVENUE FUND RESERVES: Reserve for Contingenci.s $104,105 TRANSFERS: Transfera to Other Fund. $45,895 TOTAL DEA SEIZED PROPERTY SPECIAL REVENUE FUND $150,000 FEDERAL HOUSING ASSISTANCE GRANT HOUSING AND NEIGHBORHOOD PRESERVATION: Home Pr.gram $1 , 1 6 0 , 0 0 0 POLICE AIRPLANE SPECIAL REVENUE FUND POLICE DEPARTMENT: AirPlane Ente@prise $167,919 WATER AND SEWER FUND DEPARTMENT OF PUBLIC OTILITIES: Public utilities $3 4 , 9 14 , 06 4 REVENUE BOND DEBT SERVICE: Revenu. B.nds $ 13,072,141 WATER AND SEWER FUND RESERVES: Re-erve f-r Contingenclea $ 11991,415 TRANSFERS: Transfers to Other Funds s TOTAL WATER AND SEWER FUND $ 56,064,425 GOLF COURSE ENTERPRISE FUND PARKS AND RECREATION DEPARTMENT: GOlf Courses $ 1,705,601 RESERVES: Reserve for Contingencies $ 104,768 TRANSFERS: T@ansfers to Other Fund. $ 340,869 TOTAL GOLF COURSE ENTERPRISE FUND $ 2,151,238 MARINE SCIENCE MUSEUM ENTERPRISE FUND OFFICES: Museums $ 1,381,997 RESERVES: R.S.@e for Contingenci.s $ 47,995 TRANSFERS: T@an.f.r. to Oth., Fu@d@ $ 728,670 TOTAL MARINE SCIENCE MUSEUM ENTERPRISE FUND s 2,158,662 RESORT PARKING ENTERPRISE FUND PUBLIC WORKS DEPARTMENT: Parking SYstem. Management $ 283,741 RESERVES: Re.erve for Contingencie. $ 16,220 TRANSFERS: Transfers to Other Funds $ 150,039 TOTAL RESORT PARKING ENTERPRISE FUND $ 450,000 GENERAL DEBT FUND DEBT SERVICE: Debt Service $ 65,446,612 COMMUNITY DEVELOPMENT CAPITAL PROJECTS FUND HOUSING AND NEIGHBORHOOD PRESERVATION: Community Dev.lopment Cal'ital P@ojects $ 75,000 FIRE PROGRAMS CAPITAL PROJECTS FUND FIRE DEPARTMENT: Fi@e Prog@.m. $ 200,000 FIRE PROGRAMS CAPITAL PROJECTS FUND RESERVES: Reserve for Contingenci.a $ 123,000 TOTAL FIRE PROGRAMS CAPITAL PROJECTS FUND $ 323,000 WATER AND SEWER OPERATING REVENUE CAPITAL PROJECTS FUND DEPARTMENT OF PUBLIC UTILITIES: W-t.r nd sew.r capital Prlj.ct. $2,000,000 ENGINEERING AND HIGHWAYS GENERAL REVENUE CAPITAL PROJECTS FUND PUBLIC WORKS DEPARTMENT; Engin-ering and Highway. CaPital Project. $1,133,677 RESORT PROGRAM CAPITII PROJECTS FUMD OFFICES: R.Bort Ar.a c.pit.1 Project6 $ 3,294,87.1 S-OOL GENERAL REVENUE CAPITAL PROJECTS FUMD TRANSFERS: Tr.n.f.re to Oth.r Fund. $ 72,916 TOTAL SCHOOL GENERAL REVENUE CAPITAL PROJECTS FUND $ 1,872,976 PARKS AND RECREATION GENERAL REVENUE CAPTIAL PROJECTS FUND PARKS AND RECREATION DEPARTMENT: Parks and Recreation CaPital Project. $ 1,148,000 TRANSFERS: Tra.efe@. to Oth.r Funds $ 95,502 TOTAL PARKS AND RECREATION GENERAL REVEMUE CAPITAL PROJECTS FUND $ 1,243,502 BUILDINGS GENERAL REVIIUE CAPITAL PROJECTS FUND DEPARTMENT OF GENERAL SERVICES: Building capital Projects 1 1 0 0 0 1 0 0 0 TOTAL BUDGET $909,132,442 Lose: Interfund Transfe@s 240,620,026 NET BUDGET $ 668, 512, 416 Item 11 1-G. CONSENT AGENDA ITEM 35633 Upon motion by Councilman Heischober, seconded by Council-n Jones, City Counci I APPROVED in ONE MOTION Item 1, 2, 3 a./b., 4, 5 and 6 of th, CONSENT AGENDA. Items 111-G.3 a/b Revised Ordinances were distributed. Voting: 9-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Nancy K. Parker and William D. Sessorm, Jr.* Council Members Voting Nay: None Council Members Absent Reba S. McClanan and Mayor Meyera E. Oberndorf *Councilman Sessoffs ABSTAINED on Item 4-a. and DISCLOSED Whitt G. Sessoms, ill, is his cousin. - 12 - Item 111-G.1 CONSENT AGENDA ITEM # 35634 Upon wtion by Counci I man Heischober, seconded by Councilman Jones, City Council ADOPTED: Ordinance to AMEND and REORDAIN the Code of the City of Virginia Beach, Virginia, by ADDING Section 21-87 re alteration or forgery of vehicle decals. Voting: Council Menbers Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Nancy K. Parker and William D. Sessom , Jr. Council Members Voting Nay: None Council Members Absent Reba S. McClanan and Mayor Meyera E. Oberndorf 1 AN ORDINANCE TO AMEND AND 2 REORDAIN THE CODE OF THE CITY OF 3 VIRGINIA BEACH, VIRGINIA, BY 4 ADDING A SECTION 21-87 5 PERTAINING TO MOTOR VEHICLE AND 6 TRAFFIC CODE. 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 That Section 21-87 of the Code of the City of Virginia Beach, 10 Virginia, is hereby added to read as follows: 11 Section 21-87. Alteration or forgery of decal. 12 (a) 13 14 10 15 16 17 (b) 18 f 19 20 Adopted by the Council of the City of Virginia Beach, Virginia 21 on the 26 day of May 1992. 22 CA-4639 23 \ordin\proposed\21-087.pro 24 R-2 A r (,@'vD 1 3 Item Ill-G.2 CONSENT AGENDA ITEM # 35635 Upon mot ion by Counc i I man He i schober, seconded by Counc 1 1 man Jones, City Council ADOPTED: Ordinance authorizing the City Manager to apply to the U. S. Departmnt of Housing and Urban Development for the Eighteenth Year entitlement of Comaunity Developmnt Block Grant Funds. Voting: 9-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Nancy K. Parker and William D. Sessous, Jr. Council Members Voting Nay: None Council Members Absent Reba S. McClanan and Mayor Meyera E. Oberndorf I AN ORDINANCE TO APPLY FOR 2 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS 3 FOR THE EIGHTEENTH PROGRAM YEAR (1992-1993) 4 WHEREAS, the United States Congress has established 5 legislation designated as the HoUsing and Community Development Act 6 of 1974 setting forth as a national goal the development of viable 7 urban communities; and 8 WHEREAS, there is federal assistance available for the 9 support of community Development and Housing activities directed 10 toward specific objectives such as the elimination of deteriorated 11 conditions in low and moderate income neighborhoods; the 12 elimination of conditions which are detrimental to health, safety 13 and welfare; the conservation and expansion of the Nation's housing 14 stock; the expansion and improvement of the quantity and quality of 15 community services; and other related activities; and 16 WHEREAS, the City of Virginia Beach has developed a 17 multi-year Community Development Program and has structured the 18 necessary mechanisms for its implementation in compliance with 19 federal and local directives; and 20 WHEREAS, the City of Virginia Beach is in the process of 21 implementing this program and desires to initiate an application 22 for the Eighteenth Year funding (1992-1993) in the amount of 23 $2,675,000 which includes projected income of $loo,ooo. 24 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 25 OF VIRGINIA BEACH, VIRGINIA: 26 That the City Manager is hereby authorized and directed 27 to cause such information or materials, as may be necessary, to be 28 provided to the Department of Housing and Urban Development to 29 permit the review, approval, and funding of the City's Eighteenth 30 Year Entitlement Grant application, and 31 BE IT ORDAINED, that the Council of the City of Virginia 32 Beach gives its assurance that the intent of the Act will be 33 complied with in full. 34 Adopted by the Council of the City of Virginia Beach, 35 Virginia on this 26 day of May -, 1992. 36 APPROVED AS TO CONTENT: APPROVED AS To FORM: 37 38 Ma@r C, 39 Depai ing and ity Attorney 40 Neighborhood Preservation g.'...@p..d.&.p.@\.dbg.,d - 14 - Item 111-G.3 CONSENT AGENDA ITEM # 35636 Upon motion by Councilman Heischober, seconded by Counci Iman Jones, City Council ADOPTED, AS AMENDED: Ordinances to TRANSFER funds from General Fund Reserves for reimbursement for the Water and Sewer re refunding charitable gifts of Tidewater Builders Association's water and sewer fees: $2,222 1992 Homerama Charity House (Church Point Associates) $1,994 1991 Scholarship House (Rosewell Corporation) Voting: 9-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent Reba S. McClanan and Mayor Meyera E. Oberndorf 1 AN ORDINANCE TO TRANSFER $2,222 FROM GENERAL FUND 2 RESERVES FOR THE PURPOSE OF REIMBURSING 3 CHURCH POINT ASSOCIATES FOR WATER AND SEWER FEES 4 ASSOCIATED WITH THE HOMEARAMA CHARITY HOUSE 5 WHEREAS, the Tidewater Builders Association (TBA) supports the 6 Children's Hospital of the King's Daughters by donations generated 7 from proceeds of the sale of the TBA Homearama Charity House; 8 WHEREAS, the City of Virginia Beach wishes to show its support 9 for this charitable gift by refunding to the builder of the TBA 10 Homearama Charity House the cost of the water and sewer fees; 11 WHEREAS, the 1992 TBA Homearama Charity House is being built 12 in the Church Point subdivision by Church Point Associates, which 13 incurred water and sewer fees of $2,222 during construction. 14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 15 VIRGINIA BEACH, that $2,222 be transferred from General Fund 16 Reserve for Contingencies for the purpose of reimbursing Church 17 Point Associates, as a charitable gift, its costs incurred for 18 water and sewer fees associated with the Tidewater Builders 19 Association's 1992 Homearama Charity House. 20 Adopted the 26 day of may 1992, by the 21 Council of the City of Virginia Beach, virginia. 22 This ordinance shall be in effect from the date of its 23 adoption. APPROVED AS TO CONTENT Walter C. k Office of Budget and Evaluation charity.ord/swj I AN ORDINANCE TO TRANSFER $1,994 FROM GENERAL FUMD 2 RESERVES FOR THE PURPOSE OF REIMBURSING 3 ROSEWELL CORPORATION WATER AND SEWER FEES 4 ASSOCIATED WITH THE SCHOLARSHIP HOUSE 5 WHEREAS, the Tidewater Builders Association (TBA) supports 6 worthy area high school seniors with scholarships from the TBA 7 Scholarship Fund; 8 WHEREAS, this scholarship fund receives its principal funding 9 from the proceeds of the sale of the TBA Scholarship House; 10 WHEREAS, the City of Virginia Beach wishes to show its support 11 for this scholarship by refunding to the builder of the Scholarship 12 House the cost of the water and sewer fees as a charitable gift; 13 WHEREA.S, the 1991 Scholarship House was built in the Landstown 14 Lakes subdivision by the Rosewell Corporation, which incurred water 15 and sewer fees of $1,994 during construction. 16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 17 VIRGINIA BEACH, that $1,994 be transferred from General Fund 18 Reserve for Contingencies for the purpose of reimbursing the 19 Rosewell Corporation, as a charitable gift, its costs incurred for 20 water and sewer fees associated with the Tidewater Builders 21 Association's Scholarship House. 22 Adopted the 26 day of May 1992, by the 23 Council of the City of Virginia Beach, Virginia. 24 This ordinance shall be in effect from the date of its 25 adoption. APPROVED AS TO CONTENT Off: on scholar.ord/swj 1 5 Item 111-G.4.a. CONSENT AGENDA ITEM # 35637 Upon mot i on by Cou nc i I man He i schober, seconded by Cou nc 1 1 man Jones, City Council ADOPTED: Ordinance appointing viewers in the petition ot Whitt G. Sessoffs II I for the closure of a portion of a 15 1 a I I ey adjacent to Lots 4 , 5, 1 6 and 1 7, Block 20, Croatan Beach (LYNNHAVEN BOROUGH). The Viewers are: David G. Grochmal Director of General Services Robert J. Scott Director ot Planning Ralph A. Smith Director of Public Works Voting: 8-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne and Nancy K. Parker Council Members Voting Nay: None Council Members Abstaining: William D. Sessoms, Jr. Council Members Absent Reba S. McClanan and Mayor Meyera E. Oberndorf *Councilman Sessoms ABSTAINED on Item 4.a. and DISCLOSED Whitt G. Sessoms, 111, is his cousin. ORDINANCE APPOINTING VIEWERS WHEREAS, WHITT G. SESSOMS, III, Contract Purchaser, has given due and proper notice in accord with law, that he would, on the 26th day of May, 1992, apply to the City Council of the City of virginia Beach, Virginia, for the appointment of viewers to view the below-described portions of a 15, alley, in Lynnhaven Borough, in the City of Virginia Beach, virginia, and to report in writing to this Council whether, in the opinion of said viewers any, and if any, what inconvenience would result from the discontinuance, closure and abandoriment of said portions of a 151 alley; and WHEREAS, such application has been properly filed with this Council; and WHEREAS, all requirements of law have been met; NOW, THEREFORE, be it ORDAINED by the Council of the City of Virginia Beach, virginia, that Robett J. Scott David M. Grochmal and Ralph A. Smith be and each of them is hereby appointed to view those certain portions of a 15, alley adjoining Lots 4, 5, 16 and 17 in Block 20, Croatan Beach, virginia Beach, virginia, and said viewers shall report in writing to this Council as soon as possible, whether in their opinion any, and if any, what inconvenience would result to the public from the discontinuance, vacation and abandonment of said portions of a 151 alley. ADOPTED: May 26, 1992 GROVER C. WRIGHT, JR. @.C. IN THE MATTER OF THE APPLICATION OF WHITT G. SESSOMS, III, CONTRACT PURCHASER, FOR THE CLOSURE, VACATION AND DISCONTINUANCE OF PORTIONS OF A 15' ALLEY IN LYNNHAVEN BOROUGH, VIRGINIA BEACH, VIRGINIA PETITION To: The City Council of the City of Virginia Beach, Virginia Beach, Virginia Your petitioner, the applicant, Whitt G. Sessoms, III, is contract purchaser of Lots 4, 5, 16 and 17, Block 20, Plat of Croatan Beach, Lynnhaven Borough, Virginia Beach, virginia, which is all of the property abutting the hereinafter described portions of a 151 alley to be closed, hereby applies for the vacation closing and discontinuance of those portions of a 151 alley adjacent to said lots on that certain survey made by Gallup Surveyors and EngineerS, Ltd., dated April 21, 1992, entitled, "Street Closure Plat 15, Alley Adjacent to Lots 4, 5, 16 and 17, Block 20, Croatan Beach, Lynnhaven Borough, Va. Beach, Virginia." Your petitioner and applicant alleges that no inconvenience will result to the public by reason of said closure and asks that Council appoint viewers as provided by law to view the said portions of a 151 alley sought to be closed and report in writing to the Council as to whether in the opinion of the viewers what inconvenience, if any would result from the discontinuance and closure as herein sought, at which time the petitioners will ask for passage of an ordinance vacating the portions of a 15, alley sought to be closed herein. On May 9, 1992, and on May 16, 1992, notice of intention to apply for such vacation to the Council was published as required by law in THE VIRGINIAN-PILOT, a newspaper published or generally circulated in Virginia Beach, Virginia. Respectfully submitted, Whitt G. Sessoms, III, Contract Purchaser Wri @0,24 lion GROVER C. ks Av @.V "beac ...... .. . CITY OF VIRGINIA BEACH, VIRGINIA TO (ORDINANCE OF VACATION PATRICK HAND AN ORDINANCE VACATING AND DISCONTINUING PORTIONS OF A 15' ALLEY IN LYNNHAVEN BOROUGH, IN THE CITY OF VIRGINIA BEACH, VIRGINIA WHEREAS, proper notice of the intended application of the applicant, WHITT G. SESSOMS, III, Contract Purchaser, to be presented to the City Council of the City of Virginia Beach, Virginia, on the 26th day of May, 1992, for the vacation of the portions of the hereinafter described alley in the City of virginia Beach, virginia, was on the 9th day of May, 1992, and on the 16th day of May, 1992, duly published twice with six days elapsing between the two publications in a newspaper published or having general circulation in the City of Virginia Beach, virginia, specifying the time and place of hearing at which affected persons might appear and present their views, in conformity with the manner prescribed by Code of virginia, Section 15.1-364, for the institution of proceedings for the vacation of portions of the alley in Croatan Beach; and WHEREAS, said application was made to the City Council of the City of Virginia Beach, virginia, on the 26th day of May, 1992, and in conformity with the manner prescribed by Code of Virginia, Section 15.1-364, for the conduct of such proceedings, the City Council of the City of virginia Beach, virginia, on the 26th day of May, 1992, appointed Robert J. Scott David M. Grochmal. and Ralph A. Smith as viewers to view such street and report in writing whether in their opinion any, and if any, what inconvenience would result from discontinuing the same and said viewers have made such report to the City Council of the City of Virginia Beach, Virginia; and WHEREAS, from such report and other evidence, and after notice to the land proprietors affected thereby, along the portions of the alley proposed to be vacated, it is the judgment of the City GROVFI@ C. WRIGHT, JR. Council of the City of virginia Beach, virginia, that these proceedings have been instituted, conducted and concluded in the manner prescribed by Code of Virginia, Section 15.1-364, that no inconvenience would result from vacating and discontinuing the Portions of said alley, and that the portions of said alley should be vacated and discontinued; and NOW, THEREFORE, BE IT ORDAINED, by the Council of the City of virginia Beach, virginia 1. That the following portions of an alley in Croatan Beach, in the Borough of Lynnhaven, in the City of virginia Beach, Virqinia, be and the same is hereby vacated and discontinued: All that certain piece or parcel of land, situated, lying and being in Lynnhaven Borough, in the City of Virginia Beach, State of Virginia, being those portions of a 151 alley designated on that certain plat made by Gallup Surveyors and EngineerS, Ltd., dated April 21, 1992, entitled "Street Closure Plat 151 Alley Adjacent to Lots 4, 5, 16 and 17, Block 20, Croatan Beach, Lynnhaven Borough, Va. Beach, Virginia," which plat is attached hereto and made a part hereof and is to be recorded simultaneously herewith, reference to which is hereby made for a more particular description of said property. 2. A certified copy of this ordinance of vacation shall be recorded as deeds are recorded and indexed in the name of the City of Virginia Beach, virginia, as grantor, and in the name of Patrick Hand, as grantee, in the Clerk's office of the Circuit Court of the City of Virginia Beach, Virginia, at the expense of the applicants. 3. This Ordinance shall be effective on the date of its passage. Certified to be a true and exact copy of an ordinance adopted by the City Council of the City of Virginia Beach, virginia, at its regular meeting held on the day of 1992. TESTE: RUTH HODGES SMITH, CITY CLERK B city Clerk GPIN NO. 2426-38-8778 2426-38-9797 2 STALLINGS AND RICHARDSON, P. C. ATTORNEYS AND COUNSELLORS AT LAW 2101 PARKS AVENUE PAVILION CENTER SUITE P.O. BOX 1687 MOODY E. STALUNGS. JR. VIRGINIA BEACH, VIRGINIA 23451 TELEPHONE (804) 422,4700 JOHN W. RICHARDSON GREGORY KIM PUGH DONALD S. CLARKE May 14, 1992 FACSIMILE (804) 422-3320 FILE NO. office of the City Attorney City of Virginia Beach Municipal Center virginia Beach, VA 23456 Re: CERTIFICATE OF TITLE DESCRIPTION: Portion of a Fifteen Foot Alley running between Lot Nos. 4 & 5 in Block NO. Twenty (20) on the map entitled "Chautauqua by the Seal', recorded in Map Book 1 at page 1B and Lot Nos. 16 & 17 in Block Twenty (20) on the plat of "Croatan Beach", recorded in Map Book 24 at page 37 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, virginia; reference to wbich is hereby made. Gentlemen: I certify that I have examined the record title, as disclosed by the general indices, to the above-described property, and find the same to be a dedicated alley, the fee simple title to which is vested in and upon closure of the portion of the 15 foot alley in strict compliance with the laws governing same will continue to be vested in the Estate of Amelia G. McLean, deceasbd, subject to the following exceptions: item 1. Easement for ingress and egress on, over and across alley as shown on the recorded plat of subdivision. Item 2. Rights or claims of parties in possession and easements or claims of easements not shown by the public records, boundary line disputes, overlaps, encroachments, and any matters not of record which would be disclosed by an accurate survey and inspection of the premises. Item 3. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law, and shown or not shown by the public records. Item 4. Rights of tenants in possession under unrecord@d leases. Item 5. Subject to any and all defects, liens, encumbrances, restrictions, covenants, easements and/or I Office of the City Attorney May 14, 1992 Page 2 agreements, etc., existing and/or created prior to June 27, 1952. JWR:jas THE VIRGINIAN-PILOT GROVER C. WRIGHT, JR. PL 2101 PARKS AVENUE E--EALg!E.E"PT.I.E.MT SUITE 802 PAVILION CENTE VA BEACH, VA 234SI State of Virginia City of Norf olk t.-Wit: AFFIDAVIT This day Sha,o,, White Personally appe.r.d before me and after being duly sworn made oath that: (1) (He) (She) is affidavit clerk of The Virginian-Pilot a newspaper published by Landmark Communications Inc., in the cities of Norfolk, Portsmouth, Chesapeake, Suffolk, and Virginia Beach, State of Virginia; (2) That the advertisement hereto annexed at SESSOMS, III has been published in said newspaper during the following dates: 05/09/92 09/16/92 Affiant Subscribed and sworn to before me in mY city and sta s 17TH day of MAY 1992 My commission expires APRIL 30TH, 1994 Notary Public NATIONAL HEADQUARTERS RICHMOND, VIRGINIA 502 '210.1 @;A 2"i,151 t,&..tv L4, 191)-, @'A 2..I@ tl')' 507-\,' -ii@d -16/17, I'I(x,k ')O, Cr(-xi Pel,- V,)Ilt- a irl ()ffico ol- til,i of i,tio ci@tv k)f to whi@-ii t.it [e i.,.i iri TIIE l,'7)'AfN fx,,t- No-4. l ill No. "i) lil,- likil, ,I)t tll,, se,)", i,)) @til, tkxik I If; t, 1 7 tti (20) ori l,tict "Crc,.-It a[i 24 it ivi,if- .17 iii tA)(, Cjerl@,@3 ()ffi,.7e of til(@ of (,!I,- (@it Vi,t-(Itrii.a t.,) wlii,:Ii 18 lir@ L@ Mlf@l,IA I)y iii 2'i7fj at-. 15(;3, ftii,3 IiJ-e. A%A, jii@,iL -15, .1.989, arill Ii(-I- tvi.11 iii ivi,l] 7(, @,l 71)7. i@, t.c, L.I),.@ f(ill(ywi.til mitt@er@;: )@,E@r ii)(J @ijit@y ii!3 t;l)cjwl) oil I-I;jt (,f @itiLxli,,-i@ioti, ot. ciiini!i ..r i.n [,v rkil,li(! all of 1.11(@ lt@IN F.,. 100 Lith. i. U.S.A. EXTRA COPY 035-0-IDO-0041/2 NATIONAL HEADQUARTERS RICHMOND, VIRGINIA 1\11Y lif'ri, ri,ific t(, @i F(:@r 'q(@l'\Ij@!es, (it. rv)L b@, I:Iit-t o.r le illstired. Lo Irlv ;Arl(l c.,ov(!r rL ctt-at(,,.d I,)ricr t-.o Jtjii,@ 27, 1952. 'l. 6 )a I F3 li,l,il jtv fi(@reiin,](-I, ulll.e.,j. .01i r Iilj fli]IY ivi@.d for Afi(I til(' initi(?r sa,id @v c,, I tv 1" wfl, r ifi -,). is.4uf-.d Itav(@ r", 1ril@41'ik@19(t of iriy cr by ll)IE-1 I' TNI'I,,NDFI,) '11) A C(,opill.M IF,'t'P 'J.'o ]-NSUI@E, Ftifil olp Or.-' ill-ECITIlAtion fl.,:,ni Jtjrie 27, .1 97)2 tintij I t -,y I Nk@ .1 l@ i I -],, 1,)92 at si"", i,, tllt@ tt) Illt@ lal7K] @),f Itiv it2,lui r,@ -Anv flll.-(.Iter infoi-ii@ALiiii, f(@(@.t tre(-. i.o 100 Lith. 1. U,S.A. EXTNA Cory -0-100-0041/2 CITY OF VIRGINIA BEACH APPLICATION FOR STREET CLOSURE FEE: $250.00 Application No. '7/11/ Date: 1992 Applicant: Whitt G. TTT rct Purchaser Address: I C/0 Grover C. Wright, Jr. Parks Ave. va. Beach, VA 23451 Telephone: 428-2741 A representative' of the-applicant must be present at the Public Hearings to apprise the Commission and CitY Council of complete informatlon concerning the request. A survey iS required to accompany all applications for street closures which shall be prepared by a su or __person du authorized by the Stat the permanent recor( eturnable. Request for: stre closure f rtions o as shown on the attac ed street clopure plat Reason for Proposed Closure: vacate lot line s to develolp Description of Property: d hereto Borough: Lynnhaven Borouqh I HEREBY CERTIFY THAT IT IS MY INTENTION TO HAVE THE FOLLOWING STREET(S) CLOSED: Portions of 6 15' a] each, va..Beach, Va.. Does an official or an employee of the City of Virginla Bedch have an interest in the subject land? Yes No x If the dnswer is yes, name the official or the employee dnd-nature o@f interest. Signed: aser NAMES AND ADDRESSES OF ALL ADJACENT PROPERTY OWNERS: Name(s) Address Please attach additional sheet if necessary. Action of Commission: Granted Denied Date Action of Council: Granted Denied Date Planimetric No. DISCLOSURE STATEMENT DATE MaY 1, 1992 NAME(S) OF APPLI@CANT(S)Whitt G. Se@sdms, III@ Contract Purchaser NAME(S) OF ALL OWNERS (if different from applicant) TYPE OF APPLICATION: Rezoning from to Conditional Use Permit for Street Clos'ure x Subdivision Variance TO BE COMPLETED BY OR FOR THE APPLICANT: 1- If. the applicant is a corporation, list the officers of Lhe corporation: 2. Ii the applicant is a partnership, firm or other unincorporated or.ganization, list all members or partners in the organiza-tion: TO BE COMPLETED BY OR FOR THE OWNER (if different from app licant) l.. If the owner is a corporation, Ilist the officers of the corporation: 2. If the owner is a partnership, firm or other un.incorporated organization, list all members or partners in the or4anization: -519nature Contract Purchase@ Title NOTICE TAKE NOTICE of the intention of Whitt G. Sessoms, III, contract purchaser, to apply to the City Council of the City of virginia Beach, virginia, at a meeting thereof on May 26, 1992, at 6:00 p.m., in Council Chambers, Municipal Administration Building, Princess Anne, Virginia Beach, Virginia, at which time affected persons may appear and present their views, for the vacation of portions of a 151 alley in Croatan Beach adjoining Lots 4, 5, 16 and 17, Block 20, in Lynnhaven Borough of the City of virginia Beach, Virginia. ssoms, iii, rchaser c y GROVER C. WRIGHT, JR. @--NEY --D COU@S.LL.M @T L@W, 1.@. SUITE 8.2 PA@LI.N C.NTER I ... @..K.A@.NuE @R-IN-A -EACII, VIRGINIA .3411 AFFIDAVIT STATE OF VIRGINIA, CITY OF VIRGINIA BEACH, to-wit: I, Grover C. Wright, Jr., Attorney for Whitt G. Sessoms, III, Contract Purchaser, being first duly sworn, depose and state: 1. That I am an attorney at law and represent Whitt G. Sessoms, iii. 2. That on May 5, 1992, I requested THE VIRGINIAN-PILOT, a newspaper having a general circulation in the City of Virginia Beach, Virginia, to publish on May 9, 1992, and May 16, 1992, notice of the presenting of the application tO close portions of a 151 alley in Croatan Beach, Lynnhaven Borough, Virginia Beach, Virginia. And further this dep t. 1992. Subscribed and sworn-to before me Notary Public My commission expires May 31, 1993. GROVER C. WRIGHT, JR. -OR-Ey AN. CO@@SE@LO. @T @@l, P.@. SU-TE..2 PAVILION CENTE. .... PARK.AV.NUE Vi..IN.A BEAC., VI.Gl@.A 2@.5@ LEGAL DESCRIPTION All those certain pieces or parcels of land, situate, lying and beinq in Lynnhaven Borough, in the City of Virginia Beach, State of Virginia, being those portions of a 151 alley designated on that certain survey entitled "Street Closure Plat 151 Alley Adjacent to Lots 4, 5, 16 and 17, Block 20, Croatan Beach, Lynnhaven Borough, virginia Beach, Virginia, " dated April 21, 1992. GROVER C. WRIGHT, JR. IT - 16 - Item Ill-G.4.b. CONSENT AGENDA ITEM # 35638 Upon motion by Counci Iman Heischober, seconded by Cou nc i I man Jones, Cify Council ADOPTED: Ordinance appointing viewers in the petition of The Runnymede Corporation for the closure of a portion of Walnut Street at the North side of South Boulevard, Windsor Woods (LYNNHAVEN BOROUGH). The Viewers are: David G. Grochmal Director of General Services Robert J. Scott Director of Planning Ralph A. Smith Director of Public Works Voting: 9-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Nancy K. Parker and W! I I i am D. Sessorm, Jr. Council Merrbers Voting Nay: None Council Members Absent Reba S. McCianan and Mayor Meyera E. Oberndorf WHEREAS, The Runnymede Corporation has given due and proper notice, in accordance with the statutes for such cases made and provided, that they will on the 26th day of may, 1992, apply to the City council of the City of Virginia Beach, Virginia, for the appointment of viewers to view the below-described property and report in writing to the Council whether, in the opinion of said Viewers, any, and if any, what inconvenience would result from the discontinuance of the hereinafter described portion of that certain street of variable width, and has filed such application with said Council. NOW, THEREFORE, be it ORDAINED by the Council of the City of Virginia Beach, Virginia: THAT bert Scott David M. arn@h@.1 and Ralnh A. Smith are hereby appointed to view the below-described property and report in writing to the Council, as soon as possible, whether in their opinion, any, and if any, what inconvenience would result in the discontinuing and vacating of a portion of that certain Street of variable width located in the City of Virginia Beach, Virginia, and more particularly described as follows: Beginning at a point on the north side of South Boulevard (501 R/W) which said point of beginning is N. 89- 10'001' E. a distance of 638.381 from the northeastern intersection of South Boulevard (501 R/W) and Palace Green Boulevard (50, R/W), and from said point of beginning along the north side of South Boulevard (501 R/W) N. 89'101001' E a distance of 106-191 to a point; and thence along a curve to the left having a radius of 20.001, an arc distance of 32.65, to a point; thence N. 04122'171' E. a distance of 18.761 to a point; thence N. 86'5410011 W. a distance of 66.011 to a point; thence S. 2211711 W. a distance of 23.851 to a point; thence along a curve to the right having a radius of 20.00', an arc distance of 30.181 to the point of beginning (portion to be vacated is designated as 2901 square feet or 0.07 acres on the plat entitled "Walnut Street to be Closed, Lynnhaven Borough- virginia Beach, Virginia" made by Miller-Stephenson & Associates, P.c.) All of the above as shown upon that certain plat entitled "Walnut Street to Be Closed - Lynnhaven Borough - Virginia Beach, Virginia,', which plat is attached hereto and made a part hereof and intended to be recorded with the ordinance closing the aforedescribed street. ADOPTED: May 26, 1992 FINE, F@, LEGTJM Bc FINE -T . . . . @-ILI.N C.NI.R II.E 1. LEGUM P-R@S @@.N.E,.UITE 601 ANDR@ S. FINE ...... VIR.INIA BEA-H, VIROINIA 23451 LEWIS ALLE. JOHN R. LOMAX OUR FILE NO: WILLIAM D. MITH S@EVEN @. LEIOURN@U M, ICHELLE P. ..C.AC..N CERTIFICATE OF VESTING OF TITLE I, Lewis Allen, attorney for The Runnymede Corporation, do hereby certify that: 1. I am an attorney at law and represent The Runnymede Corporation, the petitioner. 2. If the property described below is discontinued, closed, and vacated by the council of the City of Virginia Beach, Virginia, then title to said property will vest in The Runnymede Corporation. 3. The said property referred to herein is hereby described as follows: Beginning at a point on the north side of South Boulevard (501 R/W) which said point of beginning is N. 89@ 1010011 E. a distance of 638.381 from the northeastern intersection of South Boulevard (501 R/W) and Palace Green Boulevard (50, R/W), and from said point of beginning along the north side of South Boulevard (501 R/W) N. 89-10,00,- E a distance of 106.191 to a point; and thence along a curve to the left having a radius of 20.001, an arc distance of 32.651 to a point; thence N. 04'2211711 E. a distance of 18.761 to a point; thence N. 86'5410011 W. a distance of 66-011 to a point; thence S. 2211711 W. a distance of 23.851 to a point; thence along a curve to the right having a radius of 20.001, an arc distance of 30.181 to the point of beginning (portion to be vacated is designated as 2901 square feet or 0.07 acres on the plat entitled "Walnut Street to be Closed, Lynnhaven Borough- Virginia Beach, Virginia" made by Miller-Stephenson & Associates, P.C.) LEWIS ALLEN IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET OF VARIABLE WIDTH, KNOWN AS alnut Street, AS SHOWN UPON THAT CERTAIN PLAT EXTITLED, dif WHICH PLAT IS ATTACHED HERETO. PETITION TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE CITY OF VTRGINIA BEACH, VIRGINIA Your Petitioner, The Runnymede Corporation, respectfully represent as follows: Beginning at a point on the north side of South Boulevard (50, R/W) which said point of beginning is N. 89@ 10'00" E. a distance of 638.381 from the northeastern intersection of South Boulevard (501 R/W) and Palace Green Boulevard (501 R/W), and from said point of beginning along the north side of South Boulevard (501 R/W) N. 89'101001' E a distance of 106.191 to a point; and thence along a curve to the left having a radius of 20.001, an arc distance of 32.65- to a point; thence N. 04@2211711 E. a distance of 18.761 to a point; thence N. 86'5410011 W. a distance of 66.011 to a point; thence S. 2211711 W. a distance of 23.851 to a point; thence along a curve to the right having a radius of 20.001, an arc distance of 30.181 to the point of beginning (portion to be vacated is designated as 2901 square feet or 0.07 acres on the plat entitled "Walnut Street to be Closed, Lynnhaven Borough- Virginia Beach, Virginia" made by Miller-Stephenson & Associates, P.C.) 1. That pursuant to the provisions of Section 15.1-364 of the 1950 Code of Virginia, as amended, the Petitioner applies for the vacating, closing, and discontinuance of a portion of that certain street, which is more specifically described as follows: Said parcel of land being the remaining portion of Walnut Street, as indicated on that certain plat entitled "Walnut Street to Be Closed - Lynnhaven Borough - Virginia Beach, Virginia", which plat is attached hereto and made a part hereof and intended to be recorded with the ordinance closing the aforedescribed street. 2. That no inconvenience will result to any persons by reason of said closing, vacation, and discontinuance of said street; and the Petitioner prays that this Honorable Council appoint viewers as provided by law to view said platted street proposed to be closed and to report in writing to the Council on or before the 6th day of , 1992, as to whether the opinion of said Viewers, what inconvenience, if any, would result from the discontinuance and closing of said street, as herein reported and described. 3. That on the 6th day of May, 1992 and on the 13th day of May, 1992, notice of the presenting of this application was Published in the Virginia Beach Sun, a newspaper of general circulation in the City of Virginia Beach, virginia. 4. That the fee simple owners of all land along and adjacent to and affected by said portion of the platted street are your Petitioners herein, The Runnymede Corporation, 2101 Parks Avenue, Suite 600, Virginia Beach, Virginia. Respectfully submitted, THE RUNNYMEDE CORPORATION B Lewis Allen Fine, Fine, Legum & Fine 2101 Parks Avenue, Suite 601 virginia Beach, VA 23451 ORDINANCE NO. IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET OF VARIABLE WIDTH, KNOWN AS Walnut Street, As SHOWN UPON THAT CERTAIN PLAT ENTITLED, Walnut Street 0 Be Cl.;ed" WHICH PLAT IS ATTACHED HERETO. WHEREAS, it appearing by affidavit that proper notice has been given by I that he/she would make application to the Council of the City of Virginia Beach, Virginia, on 26 1992, to have the hereinafter described street discontinued, closed, and vacated; and WHEREAS, it is the judgment of the Council that said street be discontinued, closed, and vacated; NOW, THEREFORE, SECTION I BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia, that the hereinafter described street be discontinued, closed, and vacated: Beginning at a point on the north side of South Boulevard (501 R/W) which said point of beginning is N. 89*1010011 E. a distance of 638.381 from the northeastern intersection of South Boulevard (501 R/W) and Palace Green Boulevard (501 R'/W), and from said point of beginning along the north side of South Boulevard (501 R/W) N. 89'101001' E a distance of 106.191 to a point; and thence along a curve to the left having a radius of 20.001, an arc distance of 32.651 to a point; thence N. 04'2211711 E. a distance of 18.761 to a point; thence N. 86'5410011 W. a distance of 66.011 to a point; thence S. 2211711 W. a distance of 23.851 to a point; thence along a curve to the right having a radius of 20.001, an arc distance of 30.181 to the point of beginning (portion to be vacated is designated as 2901 square feet or 0.07 acres on the plat entitled "Walnut Street to be Closed, Lynnhaven Borough-Virginia Beach, Virginia', made by miller-Stephenson & Associates, P.C.) which plat is to be recorded in the Clerk's office of the circuit Court of the City of Virginia Beach, Virginia, upon adoption of this ordinance, and is made a part hereof by reference. GPIN # SECTION II A certified copy of this ordinance shall be filed in the Clerk's Office of the circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the City of Virginia Beach as Grantor. Adopted: NOTICE PLEASE TAKE NOTICE, that at the meeting of the City Council of the City of Virginia Beach, virginia, to be held on the 26th day of may , 1992, at 6: 00 p.m. , at the city Hall of the City of Virginia Beach, Princess Anne Station, the undersigned will petition the Council for the appointment of Viewers to view the below-described portion of that certain street and report to the City Council whether in the opinion of the viewers, what, if any, inconvenience would result from the vacating, closing and discontinuance of same, the said portion of said street being described as follows: Beginning at a point on the north side of South Boulevard (501 R/W) which said point of beginning is N. 89-10,0001 E. a distance of 638.381 from the northeastern intersection of South Boulevard (50' R/W) and Palace Green Boulevard (50' R/W), and from said point of beginning along the north side of South Boulevard (50- R/W) N. 89-1010011 E a distance of 106.191 to a point; and thence along a curve to the left having a radius of 20.001, an arc distance of 32.651 to a point; thence N. 04'2211711 E. a distance of 18.761 to a point; thence N. 86*5410011 W. a distance of 66.011 to a point; thence S. 2211711 W. a distance of 23.85, to a point; thence along a curve to the right having a radius of 20.001, an arc distance of 30.181 to the point of beginning (portion to be vacated is designated as 2901 square feet or 0.07 acres on the plat entitled "Walnut Street to be Closed, Lynnhaven Borough-virginia Beach, Virginia" made by Miller-Stephenson & Associates, P.C.) All the above, as shown upon that certain plat entitied "Walnut Street to be Closed, Lynnhaven Borough - Virginia Beach, Virginia", made by Miller-Stephenson & Associates, P.C. , Engineers, Surveyors & Planners, 5033 Rouse Drive, virginia Beach, Virginia. At that time, anyone affected may appear and present his views. After the report of the Viewers is received, at the next regular meeting of the city council, or as soon thereafter as the matter may be placed on the agenda, the undersigned will Petition the City Council to vacate, close and discontinue that portion of Walnut Street in the City of virginia Beach, virginia, described above. B Of Counsel Lewis Allen FINE, FINE, LEGUM & FINE 2101 Parks Avenue, Ste. 600 Virginia Beach, VA 23451 (804) 422-1678 AFFIDAVIT STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, Lewis Allen, attorney for The Runnymede Corporation, being first duly sworn, deposes and states: 1. That I am an attorney at law and represent The Runnymede Corporation. 2. That on the 6th day of May, 1992, and on the 13th day of May, 1992, notice of the presenting of the application to close a portion of that certain street known as Walnut Street on behalf of The Runnymede Corporation, was published in the Virginia Beach Sun, a newspaper of general circulation in the City of Virginia Beach, Virginia. And further the deponent saith not. Lewis Allen Subscribed and sworn to before me this 141@ day of -M@ -, 1992. f AC, )W' Mbtary Public My commission expires: bil. Notice PLEASP TAKE NOI'ICP. Lhat at the mooting uf ttic City Council of die city of Virginia Beach, Vir- ginia, to bc hold on the, 26Lh dity of May, 1992, at 6:00 P.M., at tile city, Hall-,of iii'e CiLy-@of,virgp,n,ia Bucli, Princess Aiiiie SLation, the uridersigncd will petition thc Cc)uncil for the, appointmcnt of Vie,wers view Elie beloyv-dr,- scribed p.!.,,.n of tilat ccrtain street and report to (lie City C(juiicil whothrr in t@e, opinion of the Viowers, wliat, if any, -inronve- nicticc, would result froin tho vacat- ing, clo.@ing and discontinuance of same, ttic said 1)oi tion of said strcct bcing doscribcd as follows: Beginiiing at a point on tho north ,%ide of South Boulcvard (50' R/W) which said poinl of bginning is N. 891 10-00" ii. a distance of 638,38' from Llip nortlicastern intersection of South Boulcvard (50' R[W), and Polac.e Green Boulovard (50'R/W) jind from siid point of bcginning along the liorlh sidq of, South Boulevard (50' RIW) N. 89@10'00" E a (listanc, ori06.19' to a poini; and Oiencc along a curvt to thc loft having i radius of 20.00'. an arc di.qtAjic, of 32,65' to a point; thencc N. D4@22'17" E. a distanccor 18.76' to a point; thence N. 86@54'00" W, a distayice of 66.01' to a point; thetice S. 22'17" W. i; distince of 23,85' to a point; thcnco alqng a clirve to the right lilving a TatliUS Of 20.00', an irc distance of 30.18' to tlic poit)t of beginning (portion to be vacated is dcsigiiated as 2901 squ@re fcct or 0.07 acr" on the plat entitled "Walnut StrooL to be Closcd, i.yjiiiiiavcn Borough-Vir- ginia Bcucli, ViTgi(iia" mado by Millor-Stophenson & Associates, P.C.) All thc abovr@ as ihown upon that-cerLaitilplat.@entitled "Walnut StrccL to bc:,Cl6sed. Lynnhaven Borough - ViTginia Bcach, Vir- ginia," made by Miller-Steph@nson &iAssociatc.%, P.C., Engl@ccrs, 'U've, o"' @ "lannors, 5033 Rouse Vi,g@n,. Dcacti, ViAginiii. h anyone affectcd may app@ aiid prcscni his4@ows. Aftorthereportu@tileviowersis r=ived, at the next regular mee6ng of the City Cotincil, or as soon thorepfjer as tho iiiattcr may be 'plac@d on the agenda,'Lhe under- sjgfied will Pctition tlie City counc;l @ to vacnie, close and discontinue that portion of Walnut Strc@, in, the City of Virginia Beach,Virkinia.d=tibedabovc. Lewis Allen FIN]a, FINE, LEGUM & FM 2101 Parks Avetiuc, Ste. 600 Virginia Dcach, VA 23451 (BD4) 42@,@678 9.5 2t$.13VBS DISCLO SURE STATEMENT DATE April 27, 1992 NAME(S) OF APPLICANT(S) The Runnymede Corporation NAME(S) OF ALL OWNERS (if differ ent from applicant) TYPE OF APPLICATION: Rezoning from to Conditional use Permit f,, Street Closure xxx Subdivision Variance TO BE COMPLETED BY OR FOR THE APPLICANT: 1- If the applicant is a cocporation, list the officers of the CO'Cpocation: .Andrew S. Fine, President . I Morris H. Fine, Secretary/Treasurer Louis B. Fine, Chairman of the Board .Michael J. Barrett, Vice President/Chief Executive officer 2. Ii the applicant is a partnecsilip, firm or other unincorporated organization, list all members or pactners in the organization: TO BE COMPLETED BY OR FOR THE OWNER (if different from applicant) l@ If the owner is a corpora'tion, list the officers of the-corporation: 2. If the owner is a partnecsh ip, firm or other Uriincorporated organization, list all members or partners in the organization: Michael J. Barrett Chief Executive Officer Tltle CITY OF VIRGINIA BEACH APPLICATION FOR STREET CLOSURE FEE: $250.00 Application'No. ?~,~ Date: 4-28-92 Applicant: The Runnymede Corporation -12101 Parks Avenue, Ste 60U Address: Virginia Beach, VA 23451 Te]eph0ne: 42'2-1568 A representativ~'of the.applicant must be present at the Public Hearings to apprise the Commission and City Council of complete information concerning the request. A survey is required to accompany all applications for'street closures which shall be prepared by a ~er or other person dul_!~ auth~d ~ the ~tate t~ re'rice such- which ~-~]l become a part of. ~ permanent record and is not returnable. . Request for: Closur~ of the remaining portion of Walnut Street Reason for Proposed Closure: residential lots Proposed development of Description of Property: II A Parcel A & B, Windsor Woods Section Borough: L~nnhaven I HEREBY CERTIFY THAT IT IS MY INTENTION TO HAVE THE FOLLOWING STREET(S) CLOSED: Does an official or an employee of the City of Virginia Be'ach have an interest in the subject land? Yes No X If the answer is yes, name the official or the employee ahd nature jf interest. NAMES AND ADDRESSES OF ALL ADJACENT PROPERTY OWNERS: Name(s) The Runnymede Corporation %dld~$~arks Avenue, Ste 600 Virginia Beach, VA 23451 Please attach additional sheet if necessary. Action of Commission: Granted Denied Act!on of Council: Granted Denied Planimetric No. Date Date 1 7 Item 111-G.5. CONSENT AGENDA ITEM # 35639 Upon motion by Councilman Heischober, seconded by Counc i I man Jones, City Council ADOPTED: ordinance authorizing tax refunds in the amount $1,990.50 upon application of certain persons and upon certification of the City Treasurer for paynient. Voting: 9-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent Reba S. McClanan and Mayor Meyera E. Oberndort FORM NO. C.,. 5/ 13/92 EMC AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for tax refunds upon certification of the Treasurer are hereby approved: NAME Tax Type Ticket Exonera- Date Penalty Int. Total Year of Tax Number tion No. Paid Secretary of HUD 92 RE(1/2) 102931-7 12/5/91 78.00 Secretary of HUD 92 RE(1/2) 103026-1 12/5/91 67.29 Secretary of HUD 92 RE(1/2) 102954-9 12/5/91 85.80 Secretary of HUD 92 RE(1/2) 103169-8 12/5/91 82.01 Secretary of HUD 92 RE(1/2) 103025-2 12/5/91 64.40 Secretary of HUD 92 RE(1/2) 103182-1 12/5/91 55.7? Secretary of HUD 92 RE(1/2) 103183-0 12/5/91 55.72 Secretary of HUD 92 RE(1/2) 102925-5 12/5/91 88.06 First Sun Mortgage Corp 92 RE(1/2) 10624-4 11/21/91 16.35 Carteret Savings Bank 92 RE(1/2) 16359-2 11/18/91 133.53 Gulf Oil Company 92 RE(1/2) 45873-8 11/27/91 91.00 Virginia Federal Savings Bank 92 RE(1/2) 53954-4 10/17/91 28.34 Life Savings Bank FSB 92 RE(1/2) 114691-2 12/5/91 34.62 Maxey L. Bryant 92 RE(1/2) 91273-8 12/2/91 65.40 Daniel Z. & Lisa Novotny 92 RE(1/2) 84704-2 12/30/91 10.18 Charles S. & Cynthia Watrous 92 RE(1/2) 82389-8 12/5/91 54.50 John F. & Marian Mount 92 RE(1/2) 81520-0 12/5/91 49.88 Transamerica RE Tax Service 92 RE(1/2) 39428-1 12/5/91 817.50 Kenneth C & Phyllis Gimbert 92 RE(1/2) 42491-7 10/17/91 65.40 Fleet RE Funding 89 RE(1/2) 36663-6 11/30/88 7.32 Fleet RE Funding 89 RE(2/2) 36663-6 5/12/89 7.32 Fleet RE Funding 90 RE(1/2) 37340-2 12/1/89 7.82 Fleet RE Funding 90 RE(2/2) 37340-2 5/31/90 7.82 Fleet RE Funding 91 RE(1/2) 37930-7 11/26/90 8.26 Fleet RE Funding 91 RE(2/2) 37930-7 6/5/91 8.26 Total 1,990.50 This ordinance shall be effKtive from date of adoption. The above abatem nt(s) totaling $1,990. e 20- were approved by the Council of the City of Virginia Beach on the 26 May, 1992 day of reasurer pproved as to form: Ruth Hodges Smith City Clerk Leslie L. 1 8 Item 111-G.6. CONSENT AGENDA ITEM 35640 Upon motion by Counci iman Heischob,r, seconded by Cou nc i I man Jones, City Council ADOPTED: Ordinance authorizing license refunds in the amount $8,916.27 upon appl ication ot c,rtain persons and upon certification of the Commissioner ot the Revenue for payment. Voting: 9-0 Council Members Voting Aye: John A. Baum, Jarres W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent Reba S. McCianan and Mayor Meyera E. Oberndorf RnM NO. C-& a FiEv. 3M AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Fievenue are hereby approved: NAME License Date Year Paid Base Penalty Int. Total American ship A Package Inc. 1102 Gleaning close 1989-90 Audit 29.88 29.88 virginia Beach, VA 23455 Asher Petroleum, Inc. 1991 Audit 335.28 335.28 T/A Grease Monkey 3316 Belmont Court Virginia Beach, VA 23452 Ducolon, D. Wayne 1991 2/11/92 300.00 300.00 T/A Fries R us 20182 Paleo Point Lane Smithfield, VA 23430 Certified as to Payment: @Robert P. Vaughan Commissioner of tf Approved as to form: This ordinance shall be effective from date of City Attorney adoption. The above abatement(s) totaling $ 665.16 were approved by the Council of the City of Virginia BeaCh on the 26 day of Ma-Jr 19 ()2 .th Hdgs Smth City Clerk FORM NO. C.A. 8 REV. 3M AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME License Date Year Paid Base Penalty Int. Total Flora Building Corp. 1990 Audit 85-97 85.97 3248 Baum Road Virginia Beach, VA 23457 Fraser, John R., Pesident Seaboard computer Corp. 1990 Audit 24.22 24.22 1244 Paramore Drive Virginia Beach, VA 23454 Grease Monkey of Tidewater, Inc. T/A Grease Monkey 1989-91 Audit 102.90 102.90 3316 Belmont Court Virginia Beach, VA 23452 Certified as to Payment: Robert P. Vaughan Commissioner of the Revenue Approved as to form: -11- L LIley This ordinance shall be effective from date of City Attorney adoption. The above abatement(s) totaling $ 2 13. 09 were approved by the Council of the City of Virginia Beach on the 26 day of May 19 92 Ruth Hodges Smith City Clerk FORM NO. CA a REv. 3U AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAFN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME License Date Base Penafty Int. Total Year Paid Hammje, Douglas A. 1991 Audit 182.40 182.40 T/A DAH Enterprise 1436 Ski Lodge Road Virginia Beach, VA 23456 Hull, Charles R. 1991 Audit 22.01 22.01 T/A Beach Games 203 19th Street Virginia Beach, VA 23451 Island House Inc. 1989-90 Audit 345.96 345.96 5819 Northampton Blvd. Virginia Beach, VA 23455 Certified as to Payment: A@Frovol qs 10 form: FORM NO. C.& a nEv. aw AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFFCATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification Of the Commissioner of the Revenue are hereby approved: NAME License Date Base Penalty lnt. Total Year Paid Jenkins, Herman L. 1990 Audit 22.42 22.42 T/A Jenkins Janitorial Service 2404 Sero court Chesapeake, VA 23325 Ogden Allied Food Service Corp. T/A Same-va. Pilot-Greenwich 2 Penn Plaza-Tax Dept 1989-91 Audit 153.95 153.95 New York, NY 10121 Certified as to Payment: Revenue Approved as to form: This ordinance shall be effective from date of ity Attorney adoption. The above abatement(s) totaling were approved by the Council of the City of Virginia Beach on the 26 day of 19 92 Ruth Hodges Smith City Clerk FOFIM t4O. C.A- 8 REV@ T. AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONFR OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME License Date Year Paid Base Penalty Int. Total Paet, violeta V. & Rosalia C. sonson T/A Vi Sa Bakery & Grocery 1988-91 Audit 125.03 125.03 4221 Pleasant valley Road virginia Beach, VA 23464 Proctor Company, The 1988-91 Audit 110.00 110.00 T/A Va. Beach Classics 1889 chantilly cou@t Virginia Beach, VA 23451 Snyder, Eugene C. 1988-90 Audit 30.00 30.00 3624 Essex Pond Quay virginia Beach, VA 23462 Certified as to Payment: ommissioner of the Revenue Approved as to form: e.1 L L, ey This ordinance shall be effective from date of City Attorney adoption. The above abatement(s) totaling $ 265. 03 were approved by the Council of the City of Virginia Beach on the 26 day of May 19 92 uth Hdge@ Smth City Clerk FMM NO. CA a REv. AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for lice... refunds, upon cerlification of the Commissioner of the Revenue are hereby approved: NAME License Date Year Paid Base Penalty Int. Total Thomas, Averil & Candance, Iii T/A Thomas Trailer & Truck Service 3215 s. military Hwy. 1990-91 Audit 42.43 42.43 Chesapeake, VA 23323 TPC Enterprises Inc. 1991 Audit 894.10 894.10 T/A Lake shores Exxon 1200 Park Avenue Virginia Beach, VA 23451 Wallace, Seim & Hughes, PC P. 0. Box 8450 1990-91 Audit 4,485.47 4,485.47 virginia Beach, VA 23450 Certified as to Payment: ommissioner of the Revenue Approved as to form: .I,e L LIley This ordinance shall be effective from date of City Attorney adoption. The above abatement(s) totaling $ 5,422. 00 were approved by the Council 26 May 92 of the City of Virginia Beach on the - day of 19 Ruth Hodges Smith City Clerk FMM NO. C.A 0 FIEV. aU AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME License Date Year Paid Base Penafty lnt. Total Island Motel Inc. 1989-90 Audit 338.76 338.76 T/A Ocean Island Inn 5819 Northampton Blvd. virginia Beach, VA 23455 M & M Rental & sales Inc. 1989-90 Audit 87.06 87.06 4936 Cleveland Street virginia Beach, VA 23462 Piedmont Development Quorum, Inc. 5913 Woodgrove Lane 1988-90 Audit 110.67 110.67 virginia Beach, VA 23464 Certified as to Payment: ommissioner of the Revenue Approved as to form: This ordinance shall be effective from date of adoption. The above abatement(s) totaling $ 536. 49 were approved by the Council 26 May 92 of the City of Virginia Beach on the - day of 19 Ruth Hodges Smith City Clerk -M NO. C.A. 8 REV. aft AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of th, Commissioner of the Revenue are hereby approved: NAME License Date Year Paid Base Penafty lnt. Total steiner, Laurence B. 1990-92 Audit 197.06 197.06 T/A Communications By Design 1302 Linkhorn circle Virginia Beach, VA 23451 Stephens, Paul E. 1968-90 Audit 42.42 42.42 T/A Office Machine sales & service 324 Dauphine Lane Virginia Beach, VA 23452 Sun Shine Trading/Trans of Nor T/A No. 7 Chinese Fast Food Restaurant 4746 Post oak Drive 1986-90 Audit 38.46 38.46 Virginia Beach, VA 23462 Certified as to Payment: ommissioner of the Revenue Approved as to form: This ordinance shall be effective from date of City Attorney adoption. The above abatement(s) totaling $ 277. 94 were approved by the Council of the City of Virginia Beach on the 26 day of MaY 19 92 Ruth Hodges Smith City Clerk FMM NO. CA a REV. 3M AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME License Date Year Paid Base Penafty lnt. Total USA sells/USA Re,,ts, i.c. 1990-91 Audit 250.60 250.60 1640 Dey Cove Drive Virginia Beach, VA 23454 viele, Thomas P. 1992 4/27/92 30.00 30.00 284 Ronson Lane virginia Beach, VA 23462 Virginia Drywall Inc. 1990-91 Audit 213.68 213.68 1431-D Air Rail Ave. virginia Beach, VA 23455 Certified as to Payment: ApProved as to form: This ordinance shall be effective from date of adoption. The above abatement(s) totaling were approved by the Council of the City of Virginia Beach on the 26 day of May 92 19 .th Hdge. Smth City Clerk FOFIM NO. C..k 8 REV. AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME License Date Base Penalty lnt. Total Year Paid Robinson, William D. 1990 Audit 114.00 114.00 T/A Advance Auto Repair 6512 virginia Beach Blvd. Norfolk, VA 23502 Roehm, Jack M. 1990-91 Audit 167.61 167.61 T/A Jack M. Roehm & Associates 415 49th Street Virginia Beach, VA 23451 Scribal Writes, Inc. 1990 Audit 33.93 33.93 125 College Place Norfolk, VA 23510 Certified as to Payment: ommissioner of the Revenue Approved as to form: This ordinance shall be effective from date of adoption. The above abatement(s) totaling $ 315. 54 were approved by the Council of the City of Virginia Beach on the 26 day of m@y .19 92 .th Hodge. Smth City Clerk - 19 - Item III-H.I. RESOLUTION/ORDINANCES ITEM # 35641 The City Clerk referenced correspondence from the Tidewater Builders Association and the Tidewater Association of Realtors, Inc., expressing concerns relative the Resolution. Said letters are hereby made a part of the record. Upon motion by Councilman Baum, seconded by Councilman Heischober, City Council ADOPTED, AS AMENDED: Resolution 2pppQving and referring to the Planning Commission City Staff recommendations relating to the City's compliance with the Chesapeake Bay Preservation Area Act and its regulations. Voting: 9-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent Reba S. McClanan and Mayor Meyera E. Oberndorf 1 A RESOLUTION APPRE)V REFERRING 2 TO THE PLANNING COMMISSION CITY 3 STAFF RECOMMENDATIONS RELATING TO 4 THE CITY'S COMPLIANCE WITH THE 5 CHESAPEAKE BAY PRESERVATION AREA ACT 6 AND ITS REGULATIONS 7 WHEREAS, pursuant to Section 10.2103(8) of the Code of 8 Virginia, 1950, as amended, the Chesapeake Bay Local Assistance 9 Board ("the Board") is charged with determining and ensuring that 10 a local government program is consistent with the Chesapeake Bay 11 Preservation Area Act ("the Act") and its regulations; 12 WHEREAS, the Chesapeake Bay Local ASsistance Department, 13 has found elements of the City's program to be inconsistent with 14 the Act and its regulations; 15 WHEREAS, in accordance with Section 10. 1-2 101 of the Code 16 of virginia, 1950, as amended, all counties, cities, and towns in 17 Tidewater Virginia shall Comply with the regulations promulgated by 18 the Board as set forth in VR 173-02-01, Chesapeake Bay Preservation 19 Area Designation and Management Regulations; 20 WHEREAS, City staff has drafted recommendations to 21 address these inconsistencies in the form of proposed amendments to 22 the City's Chesapeake Bay Preservation Area Ordinance which were 23 approved by the Chesapeake Bay Local Assistance Department; 24 WHEREAS, the Chesapeake Bay Local Assistance Board's 25 Southern Area Review Committee voted to recommend to the full Board 26 that the City be found provisionally consistent with the Act and 27 its regulations based on the City staff recommendations; 28 WHEREAS, the City staff recommendations were presented to 29 City Council on May 12, 1992, for Council's review and discussiont, 30 but due to tin@ ived but 31 0 action was take- 32 WHEREAS, it is the desire of City Council that the City 33 of Virginia Beach be in compliance with the Act and its regulations 34 as set forth in Section 10. 2103 (8) of the Code of Virginia 1950, as 35 amended; 3 6 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 37 OF VIRGINIA BEACH, VIRGINIA: 38 (3:) qlhat the Reeopmendatiens dr-af-ted by Gity Staf-f- te addr-ess 39 the ineensi-stene L-esente@ 40 Gity Geuneil en Play 12, 3:992 aL-e her-eby 41 (2) That said Reeeffnendati@ That the Reco mendattilons 42 drafted by City 43 city's ordinance as presented to City Council on Ma-Y 12, 1992 are 44 hereby referred to the Planning Commission, for its expeditious 45 consideration and recommendation. A true copy of sueh the 46 Recommendations is hereby attached. 47 BE IT F that the 48 Planning Comini ith the 49 Preservation Ar S. 50 Adopted by the Council of the City of Virginia Beach, 51 Virginia, on this 26 day of May 1992. 52 CA-4668 53 CHESBAY.RES 54 R-1 2 - 20 - Item Iii-H.2. RESOLUTION/ORDINANCES ITEM # 35642 Upon niotion by Counci I man Jones, seconded by Counci [man Baum, City Councii ADOPTED: Ordinance to AMEND and REORDAIN Section 3(a) Of Water Supply Emergency Ordinance No. 92-2112C re Lake Gaston Pipeline Project. Voting: 8-1 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne and William D. Sessoms, Jr. Council Mefters Voting Nay: Nancy K. Parker Council Members Absent Reba S. McCianan and Mayor Meyera E. Oberndorf APPR DEPARTMENT APPROVED AS TO LEGAL I AN ORDINANCE TO AMEND AND REORDAIN 2 ORDINANCE NO. 92-2112C, PERTAINING 3 TO THE CONSERVATION OF THE PUBLIC 4 WATER SUPPLY PENDING COMPLETION OF 5 THE LAKE GASTON PIPELINE PROJECT 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 That Ordinance No. 92-2112C, entitled "An Ordinance Declaring 9 a Water SUpply Emergency and Establishing an Interim Program for 10 the Conservation of the Public Water Supply Pending Completion of 11 the Lake Gaston Pipeline Project", be and hereby is, amended and 12 reordained, and shall read as follows: 13 Section 1. Declaration of emergency. 14 There is hereby declared to exist within the City of Virginia 15 Beach an emergency arising out of a shortage of public water 16 supplies. 17 Section 2. Prohibition of new connections to the public 18 water supply system. 19 Except as provided is Section 3 of this ordinance, there shall 20 be no new connections to the City water system until such time as 21 the Lake Gaston Pipeline Project, including its intake and 22 conveyancing facilities and their appurtenances, is substantially 23 coinplete. 24 Section 3. Exemptions. 25 Notwithstanding the provisions of Section 2 of this ordinance, 26 connections to the City water system shall be allowed, but not 27 required, in the following cases if all other requirements of law 28 pertaining to such connections have been met: 1 (a) Eifisting !ets, 3:aiif-ti3:3:y ei-ea:ted prier- te the date ef 2 adeptien ef th,'-s er --------- , Lots abutting a City water main on 3 February 11, 1992, where the owner or his predecessor in title has 4 directly participated in paying the cost of constructing the main; 5 provided, however, that the total water demand resultina from 6 develodment of ar ivided -Shall not exceed the 7 maxi water demand which coul the lawful 8 development on the lot of er se, or 9 combination t 10 is 1 rmine the 11 water demand of any proposed use, based upon the application of 12 accepted engineering Practices and comparative water usage rates 13 for milar uses; 14 (b) Lots upon which a proposed development is the subject of 15 an approved site development plan or an approved preliminary 16 subdivision plat as of the date of adoption of this ordinance, 17 where construction of the water distribution system serving such 18 development has commenced, or is bonded, in accordance with an 19 approved plan for such construction. Where construction or bonding 20 of a water distribution system serving only a portion of a 21 subdivision has commenced or occurred, this exemption shall apply 22 only to that portion. 23 (c) Publicly-funded residential neighborhood water projects, 24 or combined water and sewer projects, where construction of water 25 distribution systems is complete or has commenced; 26 (d) Public and other schools satisfying the compulsory 27 education requirements of Section 22.1-254 of the Code of Virginia, 28 public facilities for police, fire protection and emergency medical 29 services, and facilities of public service companies regulated as 30 public utilities under Title 56 of the Code of Virginia, where no 31 alternative supply of water is available; 32 (e) Residential neighborhoods served by privately-owned water 33 systems, where the City Council has determined, by resolution, to 34 acquire such systems; or 2 35 (f) Undeveloped lots, lawfully created prior to the date of 36 adoption of this ordinance, upon which construction has been 37 authorized pursuant to a valid building permit issued prior to the 38 date of adoption of this ordinance; provided, that this exemption 39 shall apply for only so long as such building permit remains in 40 effect. 41 Section 4. Construction of water distribution systems. 42 Where public water distribution systems or fire hydrants, or 43 both, would be required pursuant to section 5.8 of the Subdivision 44 Ordinance or Section 5 of the Site Plan Ordinance, or any similar 45 successor ordinance or requirement, but for the provisions of this 46 ordinance, such water distribution systems and fire hydrants shall 47 be designed and bonded but not constructed during the period this 48 ordinance remains in effect. 49 Section S. Deforral of neighborhood water projects. 50 (a) Neighborhood water projects funded in the Capital 51 Improvements Program, and any sewer projects scheduled for 52 contemporaneous construction, shall not be constructed during the 53 period in which this ordinance remains in effect; provided, 54 however, that the City Council may authorize the construction of 55 sanitary sewer systems in any neighborhood where a majority of the 56 property owners in such neighborhood request, in writing, that such 57 sanitary sewer systems be constructed. The Director of Public 58 Utilities shall solicit comments from such property owners at the 59 earliest practicable time after the adoption of this ordinance. 60 section 6. Prohibition of certain uses of the public 61 water supply 62 In accordance with Section 37-21 of the City code, the City 63 Manager is hereby authorized and directed to order the prohibition 64 of the following uses of the public water supply: 65 (a) Watering of shrubbery, trees, lawns, grass, plants or 66 other vegetation, except from a watering can or other 67 container not exceeding three (3) gallons in capacity; 3 68 (b) Washing of automobiles, trucks, trailers or any other 69 tYPe of mobile equipment, except in facilities operating 70 with a water recycling system approved by the city, or 71 except from a bucket or other container not exceeding 72 three (3) gallons in capacity; provided, that any 73 facility operating with an approved water recycling 74 system must prominently display, in public view, a sign 75 stating that such a recycling system is in operation; 76 (c) washing of sidewalks, streets, driveways, parking areas, 77 service station aprons, exteriors of homes, apartments, 78 commercial or industrial buildings or any other outdoor 79 surface, except from a bucket or other container not 80 exceeding three (3) gallons in capacity; 81 (d) The operation of any ornamental fountain or other 82 structure making a similar use of water; 83 (e) The filling of swimming or wading pools or the refilling 84 of swimming or wading pools which are drained after the 85 effective date of the order; 86 (f) The use of water from fire hydrants for any purpose other 87 than necessary governmental operations; and 88 (9) The serving of drinking water in restaurants, cafeterias 89 or any other establishment, unless requested by the 90 individual being served. 91 Section 7. Conflicting, etc. ordinanc,,. 92 (a) The provisions of section 37-5(a) and (b) of the City 93 Code, pertaining to mandatory connections to the public water 94 supply system, are hereby suspended during the period this 95 ordinance remains in effect. 96 (b) In the event anY other ordinance, resolution, regulation, 97 Policy or standard of the city shall conflict, or be inconsistent, 98 with the provisions of this ordinance, the provisions If this 99 ordinance shall control. 4 100 Section S. Severability. 101 The provisions of this ordinance shall be deemed to be 102 severable, and in the event one or more such provisions shall be 103 adjudged or declared to be invalid or unenforceable by a court of 104 competent jurisdiction, the remaining provisions shall be 105 unaffected thereby and shall remain in full force and effect. 106 Section 9. Transition provisions. 107 Notwithstanding the provisions of Section 3 (b) , connections to 108 the public water supply system shall be allowed where construction 109 plans for a water distribution system serving a development have 110 been approved on or before April 30, 1992, and one of the following ill applies: 112 (a) Such plans are submitted on or before February 28, 1992 113 and pertain to portions of a development which is the subject of an 114 active, approved preliminary subdivision plat and construction of 115 the water distribution system serving such development commences or 116 is bonded by April 30, 1992; 117 (b) Such plans have expired and re-approval has been 118 requested, in writing, on or before February 28, 1992, and 119 construction of the water distribution system serving such 120 development commences or is bonded by April 30, 1992; or 121 (c) Such plans pertain to a development which is the subject 122 of a site plan which has been submitted as of the date of adoption 123 of this ordinance, where construction of such system commences or 124 is bonded by April 30, 1992. 125 Adopted by the City Council of the City of Virginia Beach on 126 the 26 day of May 1992. 127 CA-4667 128 Proposed\waterpro.amd 129 R-1 5 - 21 - Item 111-H-3. RESOLUTION/ORDINANCES ITEM # 35643 The following spoke in SUPPORT of the Ordinance: Robert Vakos, Colonial Inn Motel, Phone: 428-5370, Chairman of the Resort Leadership Council. Rick Anoia, Windjammer Motel, Phone: 428-0060, President of the Virginia Beach Hotel/Motel Association. Mr. Anoia distributed correspondence from the Hotel & Motel Association and the Resort Retailers Association. Said correspondence is hereby made a part of the record. Carter Turpin, Rudee's Restaurant, Phone: 425-1777, President of the Virginia Beach Restaurant Association. Nick Wright, the Boardwalk Inn Motel, Phone: 425-5971. Charles W. Gardner, Chair of the 2nd Precinct Advisory Committee, Phone. 425- 6201 The City Clerk referenced letter from Councilwoman McClanan concerning OPPOSITION to the proposed Ordinance. Said letter was distributed to City Council and is hereby made a part of the record. Vice Mayor Fentress referenced correspondence from Julia D. Hobbs in OPPOSITION to the proposed Ordinance and David Hagar - Atlantic Avenue Circulation Committee in SUPPORT of the Ordinance. Upon motion by Councilman Sessoms, seconded by Councilman Heischober, City Council ADOPTED: Ordinance to AMEND and REORDAIN Chapter 21 of the Code ot the City of Virginia Beach, Virginia, by ADDING Section 21-259 re cruising in the Resort Area. Voting: 6-3 Council Members Voting Aye: John A. Baum, Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones and William D. Sessoms, Jr. Council Members Voting Nay: James W. Brazier, Jr., Paul J. Lanteigne and Nancy K. Parker Council Members Absent Reba S. McClanan and Mayor Meyera E. Oberndorf Ai @10,'@-D -l';D 1 AN ORDINANCE TO AMEND AND 2 REORDAIN CHAPTER 21 OF THE CODE 3 OF THE CITY OF VIRGINIA BEACH, 4 VIRGINIA, BY ADDING A NEW 5 SECTION 21-259 PERTAINING TO 6 CRUISING. 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 That Chapter 21 of the Code of the City of Virginia Beach, 10 Virginia, is hereby amended and reordained by adding a new Section 11 21-259 to read as follows: 12 Sect on 21-259. 13 (a) The city of vi ro t 14 the regulated practice of cruising on Atlantic Avenue in the 15 reso r traffic congestion 16 of gridlock, interferes with he smooth 17 and 18 interferes with the a] ce, fire, an les to 19 resioond tc) (,all@ f,, 20 safe re of the city's citizens and visitors. Bv 21 adodtion of thi.@ @-,Fi-@ it is the intent of the citv ulate 22 cruising on Atl; t area, and thereby, to 23 alleviate the DroblemR erewith. 24 (b) The followina w@,a. .,A for p oses of 25 this ivel ereto: 26 (i) "Cruisinall or "i-n 27 motor vehicle, or as a 28 t)ermit its ot)eration. na.-,i- n i-,-ffi, ontrol 29 30 any three (3) h riod. 31 "Custodian" shall mean any I)erson who is the 32 owner of a motor vehicle, o 33 and who i-, +-),---,n at he time .-of its 34 olperation. 35 (iii) "Enforcement 36 April 15 to Sentember 30. innlli@i,,. 1,@+- een the 37 hours of 2:00 P.m. and 2:00 a.m 38 (iv) "Restricted area" shall mean Atlantic Ave ue from 39 and includinff fh. 40 including 31st Street. 41 (V) "Traffin nont@@l -hall mean the location 42 of anv qi ffn i @Al .* 4 - 43 prohibited, or any ID chief 44 of police or his duly authorized de@nee which 45 is located betw signs. 46 (C) It shall h@ P--@n I)erson to cruise in the 47 restrictprl arpn A violation of this 48 subs shal action; nd each 49 succ 50 occurred shall constitute a sep on. 51 (d) Signs indicating that cruising is I)rohibited shall be 52 posted at iperiodic in ricted 53 area. Such signs shall state substantiall s follows: 54 NO CRUISING 2 P 55 UNLAWFUL TO PASS THIS POINT 56 2 TIMES IN 3 HOUR PERIOD 57 (e) The iprovisions of this section shall not be apr)licable to 58 the oiperator of e or rescue vehicle in the conduct of 59 official duties ..the operator f@a common c 60 of any motor vehicle when is being OP rated for 61 busin poses. 62 This ordinance shall become effective immediately upon the 63 date of its adoption. 64 Adopted by the Council of the City of Virginia Beach, 65 Virginia, on the - 26 day of May 1992. 66 CA-4104 67 \ORDIN\PROPOSED\21-259X.PRO 68 R-13 2 - 22 - Item 11-1.112 PUBLIC HEARING ITEM # 35644 PLANNING Mayor Meyera E. oberndorf DECLARED a PUBLIC HEARING on: PLANNING BY CONSENT (a) PM[ REALTY, INC. CONDITIONAL USE PERMIT (b) UNITED HOUSE OF PRAYER FOR ALL CONDITIONAL USE PERMIT PEOPLE (c) VIRGINIA METRONET, INC. CONDITIONAL USE PERMIT (d) VIRGINIA CELLULAR, LTD. PARTNERSHIP, CONTEL CELLULAR, INC., GENERAL PARTNER CONDITIONAL USE PERMIT PLANNING (a) MARY SPADY CONDITIONAL ZONING (b) R. G. MOORE BUILDING CORPORATION MODIFICATION TO THE OCEAN LAKES MASTER PLAN (c) URBAN ASSOCIATES-THREE CONDITIONAL USE PERMIT (d) PHYSICIANS INSTANT CARE ASSOCIATES CONDITIONAL USE PERMIT (e) SANDCASTLE MOTEL, INC. CONDITIONAL USE PERMIT (f) JOHN McNAMARA AND DAVID SEARS CONDITIONAL USE PERMIT (g) WITCHDUCK LAKE ENTERPRISES, INC. CONDITIONAL USE PERMIT (h) BUNGEE THRILLS, INC. CONDITIONAL USE PERMIT (i) ANTHONY AND ESTHER GIORDANO VARIANCE (j) BRUCE BARR CONDITIONAL ZONING 23 - Item PUBLIC HEARING ITEM # 35645 PLANNING BY CONSENT Upon motion by Councilman Heischober, seconded by Councilman Baum'City Council APPROVED In ONE MOTION ltens la, b and c, d and e of the PLANNING BY CONSENT AGENDA. Voting: 9-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Nancy K. Parker and William D. Sessom , Jr. Council Members Voting Nay: None Council Menters Absent Reba S. McClanan and Mayor Meyera E. Oberndort - 24 - Item Ill-l.l.a. PUBLIC HEARING ITEM # 35646 PLANNING BY CONSENT Upon motion by Councilman Heischober, seconded by Councilman Baum City Council ADOPTED an Ordinance upon application of PMI REALTY, INC. FOR A C6NDITIONAL USE PERMIT: ORDINANCE UPON APPLICATION OF PMI REALTY, INC. FOR A CONDITIONAL USE PERMIT FOR A CHURCH R05921430 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of PMI Realty, Inc. for a church on the east side of Euclid Road, south of Norfolk & Southern Railroad. Said parcel is located at 4966 Euclid Road, Suites 101 & 102, and contains 1.477 acres. KEMPSVILLE 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 nt - sixth of May, Nineteen Hundred and Ninety-Two. Voting: 9-0 Council Menbers Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Nancy K. Parker and Wi I I iam D. Sessom, Jr. Council Merters Voting Nay: None Council Members Absent Reba S. McClanan and Mayor Meyera E. Oberndorf 25 - Item PUBLIC HEARING ITEM # 35647 PLANNING BY CONSENT Upon motion by Councilman liei,chober, seconded by Co uncilman Baum, City Council ADOPTED an Ord i nance upon app I i cat i on of THE UN f TED HOUSE OF PRAYER FOR ALL PEOPLE for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF THE UNITED HOUSE OF PRAYER FOR ALL PEOPLE FOR A CONDITIONAL USE PERMIT R059214 31 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINFA BEACH, VIRGINIA Ordinance upon application of The United House of Prayer for all People for a Conditional Use Permit tor an apostolic church on certain property located on the east side of Princess Anne Road, 900 feet south of Providence Road. Said parcel contains 4.78 acres. KEMPSVILLE BOROUGH. The following conditions shall be required: 1. The submitted plan must be modified to ensure that: (a) The existing oak tree located at the front of the lot is preserved until city road iffprovements are carried out in that section of Princess Anne Road. (b) The retention/detention system is relocated behind the church and integrated with the parking lot to provide an aesthetically pleasing environment tor churchgoers. (c) The site plan shall be reconfigured to eliminate as much impervious cover as practicable. 2. In accordance with the City's Master Street and Highway Plan which calls tor an eight lane divided highway with a bikeway tor Princess Anne Road, a variable width dedication of approximately 18 feet dedication of right-of-way is required along the frontage of this parcel. 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 TwentT - sixth of undreda annldl Nine Nnety-Two. - 26 - Item Ill-I.I.b. PUBLIC HEARING ITEM # 35647 (Continued) PLANNING BY CONSENT Voting: 9-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Nancy K. Parker and William D. Sessorm, Jr. Council Members Voting Nay: None Council Members Absent Reba S. McClanan and Mayor Meyera E. Oberndorf STATEMENT OF CONSENT APPLICANT: UNITED HOUSE OF PRAYER FOR ALL PEOPLE APPLICATION: Conditional Use Permit - Princess Anne Road/Providence Road (Kempsville Borough) DESCRIPTION: Apostolic church CITY COUNCIL SESSION: May 26, 1992 THE UNDERSIGNED OWNER OR LEGAL REPRESENTATIVE FOR THE OWNER, (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 TI@IS 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: 1. The existing oak tree located at the front of the lot is preserved until City road improvements are carried out in that section of Princess Anne Road. 2. The retention/detention system is relocated behind the church and integrated with the parking lot to provide an aesthetically pleasing environment for churchgoers. 3. The site plan shall be reconfigured to eliminate as much impervious cover as practicable. 4. In accordance with the City's Master Street and Highway Plan which calls for an eight-lane divided highway with a bikeway for Princess Anne Road, a variable-width dedication of approximately eighteen feet of right-of-way is required along the frontage of this parcel. A, ;,r4r ow By: Attorney/Agent Date: - 27 - Item 111-I.l.c. PUBLIC HEARING ITEM # 35648 PLANNING BY CONSENT Upon motion by Councilman Heischober, seconded by Councilman Baum ' City Council ADOPTED an Ordinance upon application of VIRGINIA METRONET, INC. for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF VIRGINIA METRONET, INC. FOR A CONDITIONAL USE PERMIT FOR A 115 FOOT MONOPOLE TOWER R05921432 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Virginia Metronet, Inc. for a Conditional Use Permit for a 115 toot monopole tower on the north side of Central Drive, west of London Bridge Road. Said parcel is located at 529 Central Drive and contains 1.24 acres. LYNNHAVEN & PRINCESS ANNE BOROUGHS. The following conditions shall be required: 1. Prior to site plan approval the applicant must submit a letter from a registered engineer outlining tower specifications, and a statement verifying that the facility will not cause the public to be exposed to excessive levels of radio trequency radiation. The OWNER OR LEGAL REPRESENTATIVE of the Owner, has reviewed the condition 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 eftective in accordance with Section 107 (t) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the nt - sixth of May, Nineteen Hundred and Ninety-Two. Voting: 9-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Nancy K. Parker and William D. Sessoms, Jr. Council Mernbers Voting Nay: None Council Members Absent Reba S. McClanan and Mayor Meyera E. Oberndorf STATEMENT OF CONSENT APPLICANT: VIRGINIA METRONET, INC. APPLICATION: Conditional Use Permit - 529 Central Drive (Lynnhaven and Princess Anne Boroughs) DESCRIPTION: 115 toot monopole communication tower CITY COUNCIL SESSION: May 26, 1992 THE UNDERSIGNED OWNER OR LEGAL REPRESENTATIVE FOR THE OWNER, (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: 1. Prior to site plan approval, the applicant must submit a letter from a registered engineer outlining tower specifications and a statement verifying that the facility will not cause the public to be exposed to excessive levels of radio frequency radiation. Owner By:_ Date:- - 28 - Item 111-I.I.d. PUBLIC HEARING ITEM # 35649 PLANNING BY CONSENT Upon motion by Counci I man [@ei schober, seconded by Counci I man Baum, City Council ADOPTED an Ordinance upon application of VIRGINIA CELLULAR LTD., PARTNERSHIP, CONTEL CELLULAR, INC., GENERAL PARTNER for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF VIRGINIA CELLULAR LTD, PARTNERSHIP, CONTEL CELLULAR, INC., GENERAL PARTNER,FOR A CONDITIONAL USE PERMIT FOR A MONOPOLE COMMUNICATION TOWER R05921433 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Virginia Cellular, Ltd. Partnership, Contel Cellular, Inc. General PartneG for a Conditional Use Permit for a monopole communication tower on certain property located on the east side of Baker Road, 710.82 feet north of Northampton Boulevard Said parcel contains 1,182 square feet. BAYSIDE BOROUGH. The tollowing conditions shall be required: 1. The applicant shall contact the Division of Landscape Services, prior to the submittal of detailed site plans, regarding the retention of existing on-site vegetation in order to meet landscaping requirements. The OWNER OR LEGAL REPRESENTATIVE of the Owner, has reviewed the condition 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 nt - sixth of May, Nineteen Hundred and Ninety-Two. Voting: 9-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Harold Heischober, Vice Mayor Robert E. Fentress, Louis R. Jones, Paul J. Lanteigne, Nancy K. Parker and William D. Sessorns, Jr. Council Members Voting Nay: None Council Members Absent: Reba S. McClanan, Mayor Meyera E. Oberndort STATEMENT OF CONSENT APPLICANT: VIRGINIA CELLULAR LTD. PARTNERSHIP CONTEL CELLULAR, INC., General Partner APPLICATION: Conditional Use Permit - Baker Road/Northampton Boulevard (Bayside Borough) DESCRIPTION: 125 foot monopole communication tower CITY COUNCIL SESSION: May 26, 1992 THE UNDERSIGNED OWNER OR LEGAL REPRESENTATIVE FOR THE OWNER, (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: 1. The applicant shall contact the Division of Land,c,pe Services prior to the submittal of detailed site plans regarding the retention of existing on-site vegetation in order to meet landscaping requirements. Owner By Date:- - 29 - Item Ill-I.I.e. PUBLIC HEARING ITEM # 35650 PLANNING BY CONSENT Upon motion by Councilman Heischober, seconded by Councilman Baum" City Council ADOPTED an Ordinance upon appi ication of J & G COMPANY, a Virginia General Partnership, for a Conditional Use Permtt: ORDINANCE UPON APPLICATION OF J & G COMPANY, A VIRGINIA GENERAL PARTNERSHIP, FOR A CONDITIONAL USE PERMIT R05921434 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of J & G Cowany, Virginia General Partnership, Virginia for a Conditional Use Permit for MC)tor vehicle sales on the south side of Virginia Beach Boulevard, 650 feet more or less east of Parker Lane. Said parcel is located at 2413 Virginia Beach Boulevard and contains 12,675.96 square feet. LYNNHAVEN BOROUGH. The following conditions shall be required: 1. The applicant shal I submit a landscape plan to the Planning Department, for approval by the Division of Landscape Services, within 30 days of conditional use permit approval. The required plan shall identify vegetation which wi I I be planted along the entire southern property line, adjacent to the top of the bank, and a planting schedule. A planting bed, 5 feet in width and parking lot landscaping, shall be installed along the frontage of the site as it adjoins Virginia Beach Boulevard. 2. The subject site cannot be used for washing or reconditioning of automobiles until an acceptable water recapture, and grease and oil separator system is installed. The OWNER OR LEGAL REPRESENTATIVE of the Owner, has reviewed the condition 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 t - sixth of May, Nineteen Hun - 30 - Item 111-1-l.e. PUBLIC HEARING ITEM # 35650 (Continued)z PLANNING BY CONSENT Voting: 9-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent Reba S. McClanan and Mayor Meyera E. Oberndorf STATEMENT OF CONSENT APPLICANT: J & G COWANY APPLICATION: Conditional Use Permit - 2413 Virginia Beach Boulevard (Lynnhaven Borough) DESCRIPTION: Motor vehicle sales CITY COUNCIL SESSION: May 26, 1992 THE UNDERSIGNED OWNER OR LEGAL REPRESENTATIVE FOR THE OWNER, (or Agent for the Owner), HAS REVIEWED TI@E CONDITIONS FOR APPROVAL (REQUIREMENTS) RECOMMENDED BY THE VIRGINIA BEACH PLANNING COMMISSION TO THE VIRGINIA BEACH CITY COUNCIL FOR AFFIRMATIVE ACTION ON TIAIS 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: 1. The applicant shall submit a landscape plan to the Planning Department for approval by the Division of Landscape Services within thirty (30) days of Conditional Use Permit approval. The required plan shall identify vegetation, which will be planted along the entire Southern property line adjacent to the top of the bank, and a planting schedule. A planting bed, five feet in width, and parking lot landscaping shalf be installed along the frontage of the site as it adjoins Virginia Beach Boulevard. 2. The subject site cannot be used for washing or reconditioning of automobiles until an acceptable water recapture and grease and oil separator system is installed. By.-@ Date: - 31 - Item 111-1.2.a. PUBLIC HEARING ITEM # 35651 PLANNING Attorney R. J. Nutter, 4425 Corporation Lane, Phone: 671-6000, represented the applicant The following spoke in OPPOSITION: Michael G. Ash, 5149 Bellaffy Manor Drive, Phone: 495-0307 George L. Poff, 5153 LoBaugh Drive, Phone: 495-1122, registered but WAIVED his right to speak A motion was made Councilman Clyburn, seconded by Counci lman Sessoms to ADOPT an Ordinance upon application of MARY SPADY for a Conditional Zoning District Classification: ORDINANCE UPON APPLICATION OF MARY SPADY FOR A CONDITIONAL ZONING DISTRICT CLASSIFICATION FROM R- IO TO 0-1 Ordinance upon application of Mary Spady for a Conditional Zoning District Classification from R- 10 Residential District to 0-1 Office District at the southeast corner of Kempsville Road and Lobaugh Drive. The proposed zoning classification change to 0-1 Office District is for office land use. The Comprehensive Plan recommands use of thi5 parcel for suburban rredium density residential land use at densities that are compatible with single family use in accordance with other plan pol icies. The parcel is located at 844 Kempsville Road and contains 32,974.92 square feet. KEMPSVILLE BOROUGH. Voting: 3-6 (MOTION LOST TO A NEGATIVE VOTE) Council Members Voting Aye: Jarws W. Brazier, Jr., Robert W. Clyburn, and Wi I I iam D. Sessons, Jr. Council Members Voting Nay: John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne and Nancy K. Parker Council Members Absent Reba S. McCianan and Mayor Meyera E. Oberndorf - 32 - Item 111-H.2.b. PUBLIC HEARING ITEM # 35652 PLANNING Attorney R. J. Nutter, 4425 Corporation Lane, Phone: 671-6000, represented the applicant Upon motion by Counc i I man He i schober, second u-d by Counc i I man Brazi er, City Council ADOPTED an Ordinance upon application of R. G. MOORE BUILDING CORPORATION for a modification to the Ocean Lakes Master Plan: ORDINANCE UPON APPLICATION OF R. G. MOORE BUILDING CORPORATION FOR A MODIFICATION TO THE OCEAN LAKES MASTER PLAN Z05921353 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRIGNIA Ord i nance upon app I i cat ion of R. G. Moore Bu i I d i ng Corporation tor a modification to the Ocean Lakes Master Plan to allow to.,!.@tise dects@p@single family dwellinq units in lieu of rwitiple family development on Pa ce@A-2 located on the east side of Bold Ruler Drive, 1564.9 feet south of Dam Neck Road. Said parcel contains 20.791 acres. PRINCESS ANNE BOROUGH. The following conditions shall be required: 1. The subject site shall be developed tor a maxlrrum total of s 69 sinqle family dwellinq units. 2. The subject site is to conform to the A 12 R-5D Residential DuDlex District regulations n regard to minimum lot size requirements, height, parking and setbacks. 3. The applicant must demonstrate during detailed site plan review, that the existing facilities provide stormwater management consistent with current ordinance requiremnts. 4. The surplus density, brought by this modification to the land use plan, cannot be transferred to any other section ot the Ocean Lakes Planned Unit Development and is hereby relinquished. 5. The applicant has agreed to work with the Design Advisory Group and the Ocean Lakes Homeowners Association to ensure that more open space is provided. This Ordinance shall be effective in accordance with Section 107 (f) ot the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the t - sixth of May, Nineteen Hundred and Ninety-Two. - 33 - Item 111-H.2.b. PUBLIC HEARING ITEM # 35652 (Continued) PLANNING Voting: 8-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne and William D. Sessoms, Jr. Council Mernbers Voting Nay: None Council Members Abstaining: Nancy K. Parker Council Members Absent Reba S. McClanan and Mayor Meyera E. Oberndort Counci lwoman Parker ABSTAINED and DISCLOSED pursuant to Section 2.1-639.14(E) of the Code of Virginia, she and her husband are ow,ers of Parker Pools, Inc. Parker Pools has a contract with the Ocean Lakes Homeowners Association for rmintenance of the pools in Ocean Lakes. Although the City Attorney has advised her that this interest does not meet the criteria of a personal interest in the transaction under the Conf I ict of Intersts Act, she wishes to disclose this interest and abstain from participating in this transaction. Councilwoman Parker's letter of May 26, 1992, is hereby made a part of the record. - 34 - Item 111-H.2.b. PUBLIC HEARING ITEM # 35652 (Continued) PLANNING Upon motion by Cou nc i I man He i schober, seconded by Counc i I man Brazi er, City Counci I RECONSIDERED and MODIFIED Condition No. 2 of the Ordinance upon application of R. G. MOORE BUILDING CORPORATION for a modification to the Ocean Lakes Master Plan: ORDINANCE UPON APPLICATION OF R. G. MOORE BUILDING CORPORATION FOR A MODIFICATION TO THE OCEAN LAKES MASTER PLAN Z05921353 Ordinance upon application of R. G. Moore Building Corporation for a modification to the Ocean Lakes Master Plan to allow .family dwellinq units in lieu of multiple family development n Parcel A-2 located on the east Side of Bold Ruler Drive, 1564.9 feet south of Dam Neck Road. Said parcel contains 20.791 acres. PRINCESS ANNE BOROUGH. Condition 2 shall be MODIFIED as follows: 2. The subject site is to conform to the A-4@ Ap,r:+m@p@ R-5D Residential DUDlex District regulations in regard to ffcinimum lot size requirements, height and parking. Setbacks shall be as follows: front yard setback 251 side v side yard setback adiacent to a street 15, to Bold Ruler Drive 251 Voting: 8-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Abstaining: Nancy K. Parker Council Members Absent Reba S. McCianan and Mayor Meyera E. Oberndorf Councilwoman Parker ABSTAINED and DISCLOSED pursuant to Section 2.1-639.14(E) of the Code of Virginia, she and her husband are owners of Parker Pools, Inc. Parker Pools has a contract with the Ocean Lakes Horreowners Association for maintenance of the pools in Ocean Lakes. Although the City Attorney has advised her that this interest does not met the criteria of a personal interest in the transaction under the Conflict of Intersts Act, she wishes to disclose this Interest and abstain from participating in this transaction. Councilwoman Parker's letter of May 26, 1992, is hereby made a part of the record. NANCY K. PARKER 604 GOLDSBORO AVENUE COUNCILWOMAN VIRGINIA BEACH, VIRGINIA 2ml AT-LARGE (804) 425-1589 May 26, 1992 Mrs. Ruth Hodges Smith, CMC/AAE City Clerk's Office Municipal Center Virginia Beach, Virginia 23456 Dear Mrs. Smith: Re: Disclosure Pursuant to Section 2.1-639.14(E), Code of Virginia Pursuant to the Virginia Conflict of Interests Act, Section 2.1-639.14(E), Code of Virginia, I make the following declaration: 1 . The transaction for which I am executing this written disclosure is the Council consideration of the application of R. G. Moore Building Corporation for a modification to the Ocean Lakes Master Plan to allow townhouse development in lieu of multiple family development on Parcel A-2. 2. The nature of my personal interest is diat my husband and I are owners of Parker Pools, Inc., and that Parker Pools, Inc., has a contract with the Ocean Lakes Homeowners Association for maintenance of the pools in Ocean Lakes. 3. Although the City Attomey has advised me that diis interest does not meet the criteria of a personal interest in the transaction under the Conflict of Interests Act, I wish to disclose this interest and abstain from participating in diis transaction. Mrs. Ruth Hodges Smith -2- May 26, 1992 Re: Disclosure Pursuant to Secfion 2.1-639.14(E), Code of Virginia Accordingly, I respectfully request that you record this declmtion in the official records of the City Council. I have enclosed an opinion letter from Leslie L. Lilley, City Attomey, which addresses this same matter. Thank you for your assistance and cooperation in this matter. Sincerely, Nancy K. Parker Councilwoman NKP/clb Enclosure @it@ c>f 13@Ei@Yi LESLIE L L LLEY MUNIC"@L CENTER C"' @TTID@NEI VIRG@N A BEAC. '@ 13456 9004 (80@) @21-4531 FAX (80@) 426-5687 May 26, 1992 Councilwoman Nancy K, Parker Municipal Center Virginia Beach, VA 23456 Re: Conflict of Interests Act Opinion Dear Councilwoman Parker: I am writing in response to your request for an opinion as to whether you may participate in City Council's discussion and vote on the application of R. G. Moore Building Corporation for a modification to the Ocean Lakes Master Plan to allow townhouse development in heu of multiple family development on Parcel A-2. The application is scheduled for considera6on by City Council at its May 26, 1992, meeting. S JMMARY/CONCLUSION: From my review of the Conflict of Interests Act and the information provided by you, I am of the opinion that you do not have a personal interest in the transaction of Council conceming its consideration of the application of R. G. Moore Building Corporation for a modification to the Ocean Lakes Master Plan. Thus, you may vote on this matter without restriction. For your inforrnation, I have outlined the disclosure requirements of Section 2. 1- 639.14(G) should you desire to disclose your relationship and vote; I have also set forth the applicable provisions for abstention set forth in Secfion 2.1-639.14(E), should you choose not to vote. I base the aforesaid conclusions on the forowing facts which you have presented. Please review and verify the accuracy of the facts as set forth as you may only rely upon this opinion if they are coffect and complete. Councilwoman Nancy K. Parker -2- May 26, 1992 Re: Conffict of Interests Act Opinion FACTS PRESENTED: Your request for an advisory opinion is generated by the application of R. G. Moore Building Corporation for a modification to the Ocean Lakes Master Plan. The apphcation is scheduled to come before the Council at its May 26, 1992, meeting. You have advised that your concem, and reason for requesting this opinion, is diat you and your husband are the owners of Parker Pools, Inc. ("Parker Pools"), that you have an interest in Parker Pools which exceeds diree percent (3 %) of the total equity of the business, that Parker Pools has a one-year contract with the Ocean Lakes Homeowners Association for the maintenance of the pools in Ocean Lakes, and that the business received income in excess of $10,000.00 from the Homeowners Association as a result of last year's contract. ISSUE: Are you precluded from participating in the Council's discussion and vote on the applir-ation of R. G. Moore Building Corporation for a modification to the Ocean Lakes Master Plan? DISCUSSION: 1. Applicable DefinitionLof-Secfion 2.1-639.1 A. City Council is a govermnental agency, as it is a legislative branch of local govermnent as defined in SS 2.1-639.2 of the Virginia State and Local Govemment Conflict of Interests Act. B. You are an officer wi@ the meaning of SS 2.1-639.2 of the above-referenced Act. C. Council consideration of the apphcation of R. G. Moore Building Corporation for a modification to the Ocean Lakes Master Plan is a "transaction" as defined by the Act. A transaction includes any matters considered by any goveriunental agency on which official action is taken or contemplated. D. "Personal interest" is defined in SS 2.1-639.2 as a financial benefit or liability which accrues to an officer, employee, or to an inimediate family member. The interest exists by reason of one of five categories specified therein as: 1) ownership in a business if the ownership interest exceeds 3 % of the total equity of the business; (2) annual income from ownership in reai or personal property or a business in excess of $10,000.00; 3) salary from the use of property or paid by a business that exceeds $10,000.00 annually; 4) Councilwoman Nancy K. Parker -3- May 26, 1992 Re: Conffict of interests Act Opinion ownership of real or personai property when the interest exceeds $10,000.00 in value, exclusive of ownership in a business, or salary; and 5) pe-onal liability incurred or assumed on behalf of a business which exceeds 3 % of the asset value of the business. E. A "personal interest in the transaction" exists when an officer or employee or a -ember of his immediate f@y has a personal interest in property or a business or rePresents any individual or business and such property, business or represented individual (i) is the subject of the transaction or (ii) may realize a reasonably foreseeable direct or indirect benefit or detriment as the result of the agency considering the transaction. 11. Application of Definitions A. ersonal interest You have a personal interest in Parker Pools, Inc., by virtue of your interest in Parker Pools which exceeds three percent (3 %) of the equity of the business. B. Personal Interest in th T-nsaction Based on the facts presented, Parker Pools, Inc., is not the subject of the transaction, nor wifl it realize a reasonably foreseeable direct or indirect benefit or de@ent as a result of Council's consideration of the aforementioned application.' Therefore, it is my opinion that you do not have a personal interest in the transaction wi@ the meaning of the Conffict of Interests Act. IH- Disclosure Requirements Based on the fact that you have no personal interest in the application of R. G. Moore Building Corporation, you are not restricted in voting as to that item. If you are concemed diat your participation as to this matter may create some appearance of itnpropriety because of your position, there are two options available to you which may diff-use any perception problems diat may arise: 'In circumstances where the effect of a transacdon is speculative, remote, or contingent on factors beyond the officer's control, it is not reasonably foreseeable that the officer's personal interest will benefit or suffer as a result of the pending transacdon. Attomey General Opinion to the Honorable William F. Parkerson, Jr., Member, Senate of Virginia, dated February 2, 1987. Councilwoman Nancy K. Parker -4- May 26, 1992 Re: Conffict of Interests Act Opinion 1. You may either disclose the facts as presented herein and proceed to vote as to this @saction; or 2. You may abstain from voting and disclose any interest. Should you decide to declare your interest and vote, a proposed disclosure letter which complies with SS 2.1-639.14(G) is enclosed for your converiience. You may either make this declaration orally, which is to be recorded in the written minutes of the Ciry Council, or you may file a signed written declaration with the Clerk of the City Council, who shau retain and make this document available for public inspection for a period of five years from the date of recording or receipt. The Conflict of Interests Act deals with the types of influences upon a pubhc officer's judgment which are clearly improper. The law does not, however, protect against all appearance of improper influence. In that respect, the Act places the burden on the individual officer to evaluate whether the facts presented create an appearance of impropriety which is unacceptable or which would affect the confidence of the public in the officer's ability to be imp@. I have opined that you may participate in the hwsaction after disclosure. However, if you are concemed diat participating in the transaction, even after disclosure, could create an unacceptable appearance, you may abstain from voting under SS 2.1-639.14(E) provided that you first disclose your interest in the transaction. Please contact me should you desire any additional information. Very truly yours, City Attomey LLL/RMB/clb Enclosure - 35 - Item 111-1.2.c. PUBLIC HEARING ITEM # 35653 PLANNING Ken Kirby, 3511 Princess Anne Road, Phone: 420-3950, represented the aplicant Upon motion by Counc! I man Brazi er, seconded by Cou nc i I man He i schober, City Council ADOPTED an Ordinance upon application of URBAN ASSOCIATES - THREE for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF URBAN ASSOCIATES - THREE FOR A CONDITIONAL USE PERMIT FOR AN AUTOMOBILE REPAIR GARAGE R05921435 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Urban Associates - Three for Conditional Use Permit for an automobile repair garage on Lots 44 & 45, Parcel A, Oceana Gardens. Said parcel is located at 1444 Southern Boulevard and contains 8.92 acres. LYNNHAVEN BOROUGH. The following conditions shall be required: 1. All autofrotive repair work and overnight storage of vehicles shall be conducted inside the buildings. 2. This conditional use permit is approved for Units 2C, 3C and 3D. This Ordinance shall be effective in accordance with Section 107 (t) of the Zoning Ordinance. Adopted by the Council ot the City of Virginia Beach, Virginia, on the nt - sixth of May, Nineteen Hundred and Ninety-Two. Voting: 9-0 Council Members Voting Aye: John A. Baum, Jarres W. Brazier, Jr., Robert W. Clyburn, Harold Heischober, Vice Mayor Robert E. Fentress, Louis R. Jones, Paul J. Lanteigne, Nancy K. Parker and William D. Sessom , Jr. Council Members Voting Nay: None Council Members Absent: Reba S. McClanan, Mayor Meyera E. Oberndorf - 36 - Item 111-1.2.d. PUBLIC HEARING ITEM # 35654 PLANNING Bi I ly Garrington, 500 Winston Salem Avenue,, Phone: 428-4245, represented the applicant Upon motion by Counci I man Jones, seconded by Councilman Heischober, City Council ADOPTED an Ordinance upon application of PHYSICIANS INSTANT CARE ASSOCIATES for a Conditional Use Permit: ORDINANCE UPON APPLICAITON OF PHYSICIANS INSTANT CARE ASSOCIATES FOR A CONDITIONAL USE PERMIT FOR MOTOR VEHICLES SALES R05921436 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon appl ication of Physicians Instant Care Associates for a Conditional Use Permit for motor vehicle sales on the south side of Virginia Beach Boulevard, west of Opal Street. Said parcel is located at 4989 Virginia Beach Boulevard and contains 32,670 square feet. BAYSIDE BOROUGH. The following conditions shall be required: 1 . The ex i st i ng s i gn sha I I comp I y w i th Sect i on 214 of the City Zoning Ordinance pertaining to sign height, setback and landscaping regulations. 2. Landscape screening shall be provided along the frontage on Virginia Beach Boulevard. 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 nt - sixth of May, Nineteen Hundred and Ninety-Two. Voting: 9-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Harold Heischober, Vice Mayor Robert E. Fentress, Louis R. Jones, Paul J. Lanteigne, Nancy K. Parker and William D. Sessorm, Jr. Council Members Voting Nay: None Council Members Absent: Reba S. McClanan, Mayor Meyera E. Oberndorf - 37 - Item 111-1.2.e. PUBLIC HEARING ITEM # 35655 PLANNING Bi II y Garrin gton, 500 Wi nston Sa l em Avenue, Phone: 428-4245 , repr es ented the applicant Upon motion by Councilman Sessoms, seconded by Councilman Brazier, City Council ADOPTED: ORDINANCE UPON APPLICATION OF SANDCASTLE MOTEL, INC. FOR A CONDITIONAL USE PERMIT FOR A RECREATIONAL FACILITY OF AN OUTDOOR NATURE (REMOTE CONTROL RACE CAR FACILITY) R05921437 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Sandcastle Motel, Inc., for a Conditional Use Permit for a recreational facility of an outdoor nature (remdte control race car facility) on the south side of 14th Street, 100 feet west of Atlantic Avenue. Said parcel contains 21,875 square feet. VIRGINIA BEACH BOROUGH. The tollowing conditions shall be required: 1. All ot the cars operated at the proposed racetrack shall be of the battery/electric powered type. Gasoline or other corrbusti b I e fuel cars are prohibited. 2. No loud speakers shal I be permitted in conjunction with the proposed raceway. 3. All lighting on the site must be directed inward so as to not spill over onto the adjacent properties. 4. A landscape plan in keeping with resort area improvements must be submitted and approved by the City Arborist prior to final site plan approval. 5. Hours of operation shal I be from 10:00 a.m. to 10:00 P.M. 6. A privacy fence is required in lieu of the existing chain link fence. 7. Approval of this conditional use permit shal I be for a period of 18 months. This Ordinance shal I be effective in accordance with Section 107 (t) of the Zoning Ordinance. Adopted by the Counci I of the City of Virginia Beach, Virginia, on the Twenty- sixth of May, Nineteen Hundred and Ninety-Two. - 38 - Item 111-1.2.e. PUBLIC HEARING ITEM # 35655 (Continued) PLANNING Voting: 9-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Nancy K. Parker and William D. Sessom, Jr. Council Members Voting Nay: None Council Members Absent Reba S. McClanan and Mayor Meyera E. Oberndorf - 39 - Item 111-1.2.f. PUBLIC HEARING ITEM # 35656 PLANNING Robert Simon, 955 Northwood Drive, Phone; 486-3937 Upon motion by Councilman Brazier, seconded by Councilman Sessoms, City Council ADOPTED an Ordinance upon application of JOHN McNAMARA and DAVID SEARS for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF JOHN McNAMARA AND DAVID SEARS FOR A CONDITIONAL USE PERMIT FOR A COMMUNITY PIER R05921438 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRIGNIA Ordinance upon application of John McNamara & David Sears for a Conditional Use Permit for a community pier of Lot 8-1, Aragona Shores. Said parcel is located at 925 Horseshoe Court and contains 1.73 acrs. LYNNHAVEN BOROUGH. The following conditions shall be required: 1. As required in Section 236 of the City Zoning Ordinance, the applicant must submit a security and maintenance plan to the Department of Planning for the proposed pier prior to City Council's consideration of this request. 2. A variance to the parking requirements of the City Zoning Ordinance for commnity piers is required from the Board of Zoning Appeals. 3. The pier is to be utilized only by the residents of Lots 2 and 3 located adjacent to the subject site. 4. Mooring shal I be restricted to the northern side of the pier. This Ordinance shal I be effective in accordanc(,, with Section 107 (t) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty- sixth of May, Nineteen Hundred and Ninety-Two, Voting; 9-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Harold Heischober ' Vice Mayor Robert E. Fentress, Louis R. Jones, Paul J. Lanteigne, Nancy K. Parker and William D. Sessom , Jr. Council Members Voting Nay: None Council Members Absent: Reba S. McCianan, Mayor Meyera E. Oberndort - 40 - Item 111-1.2.q. PUBLIC HEARING ITEM # 35657 PLANNING Dal las Norman, 4237 Battery Road, Phone: 464-0198, President Witchduck Lake Enterprises The following registered in OPPOSITION: Teresa Hutcheson, 5421 Grand Lake Crescent, Phone: 497-2304, presented a petition In OPPOSITION containing 80 signatures. Said petition is hereby made a part of the record. Elizabeth Shawkey, 5417 Grand Lake Crescent, Phone: 671-7242 Virginia K. Trent, 5409 Grand Lake Crescent, Phone; 499-9355 Janet W. Rogers, 541 1 Grand Lake Crescent, Phone: 497-2809 H. T. Hutcheson, 5421 Grand Lake Crescent, Phone: 497-2304 Upon mot ion by Counc i I man Jones, seconded by Councilman Heischober, City Counci I DEFERRED until the City Counci I Session of June 2, 1992, the Ordinance upon appl ication of WITCHDUCK LAKE ENTERPRISES, INC. for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF WITCHDUCK LAKE ENTERPRISES, INC. FOR A CONDITIONAL USE PERMIT FOR A RECREATIONAL FACILITY OF AN OUTDOOR NATURE Ordinance upon application of Witchduck Lake Enterprises, Inc., for a Conditional Use Permit for a recreational facility of an outdoor nature (water ski ing, jet ski ing, swimming, f ishing) on certain property located at the western extremity of Witchduck Court. Said parcel contains 54 acres. BAYSIDE BOROUGH. This DEFERRAL will enable the City Staff to determine possible health hazards concerning the lake and the possibility of erosion around the lake. Voting: 9-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Nancy K. Parker and William D. Sessorns, Jr. Council Members Voting Nay: None Council Members Absent Reba S. McClanan and Mayor Meyera E. Oberndort 4 1 Item 111-1.2.h. PUBLIC HEARING ITEM # 35658 PLANNING Fe l ix Templ eton, 400 Can b err y Court, Phone: 428-6574 , represented the app Ici ant Upon motion by Cou nc i I man He i sc hober, seconded by Cou nc i I man Brazi er, City Council ADOPTED: ORDINANCE UPON APPLICATION OF BUNGEE THRILLS, INC. FOR A CONDITIONAL USE PERMIT FOR A RECREATION FACLITY OF AN OUTDOOR NATURE (ORBOTRON UNIT) R05921439 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Bungee Thrills, Inc., for a Conditional Use Permit for a recreational facility of an outdoor nature (Orbotron Unit) on certain property located on the west side of Atlantic Avenue at the western terminus of 2nd Street. Said parcel contains 1.6 acres. VIRGINIA BEACH BOROUGH. The following conditions shall be required: 1. Hours ot operation shall be from 10 a.m. to 12 midnight. 2. The conditional use permit shall be valid for a period of 18 months. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty- sixth of May, Nineteen Hundred and Ninety-Two. Voting: 9-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent Reba S. McClanan and Mayor Meyera E. Oberndort - 42 - Item 111-1.2.i. PUBLIC HEARING ITEM # 35659 PLANNING Anthony Giordano, 5233 Lakeshore Road, Phone: 464-6175, represented the applicant Upon motion by Counc i I man Jones, seconded by Cou nc i I man Heischober, City Council APPROVED the application of ANTHONY and ESTHER GIORDANO for a Variance to Section 4.4(b) of the Subdivision Ordinance. App I i cat i on of Anthony and Esther G i ordano f or an Appeal from Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance on property located at 5233 Lakeshore Road. BAYSIDE BOROUGH. The following condition shall be required: 1. Prior to any land disturbing activity, a field investigation shall be conducted with a representative from the City's Landscape Services Division. All existing on-site vegetation shall be retained to the greatest extent practicable, and protective measures provided as described in the City's Tree Planting, Preservation and Protection Ordinance. Areas of tree preservation and protective measures to be utilized must be clearly noted on the final plat prior to approval. Voting: 9-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Menbers Absent Reba S. McClanan and Mayor Meyera E. Oberndorf - 43 - Item 111-1.2.j. PUBLIC HEARING ITEM # 35659 PLANNING Attorney R. J. Nutter, 4425 Corporation Lane, Phone: 671-6000, represented the applicant Upon motion by Councilman Clyburn, seconded by Councilman Heischober, City Council ADOPTED an Ordinance upon application of BRUCE BARR for a Conditional Zoning District Classification: ORDINANCE UPON APPLICATION OF BRUCE BARR FOR A CONDITIONAL ZONING CLASSIFICATION FROM 0-2 TO B-2 Z05921354 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Bruce Barr for a Conditional Zoning Classification from 0-2 Office District to 8-2 Community Business District on property located on the east side of Kerrpsville Road, 530 feet north of Indian River Road. The proposed zoning classification change to 8-2 Comaunity Business District is for commercial land use. The Comprehensive Plan recommends use of this parcel for office land use. Said parcel is located at 1324 Kempsville Road and contains 17,859.6 square feet. KEMSPVILLE BOROUGH. The following conditin shall be required: 1. Agreement encompassing proffers shall be recorded with the Clerk of the Circuit Court and is hereby made a part of the record. This Ordinance shall be effective in accordance with Section 107 (t) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty- sixth of May, Nineteen Hundred and Ninety-Two. Voting: 9-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Nancy K. Parker and William D. Sessorrs, Jr. Council Members Voting Nay: None Council Members Absent Reba S. McClanan and Mayor Meyera E. Oberndorf Cit@C)'f INTER-OFFICE CORRESPONVENCE In Reply Refer To Our File No. CA-4580 DATE: May 19, 1992 TO: Leslie L. Lilley DEPT: City Attorney FROM: Gary L. Fentress@ DEPT: City Attorney RE: Dr. Bruce Barr Conditional Rezoning Proffer Agreement Council Action Date: May 26i 1992 Enclosed is a copy of the proffer agreement submitted by the referenced applicant. The proffer is acceptable as to legal form. GLF/dhh Enclosure THIS AGREEMENT, made this 2,qf@ day of March 1992, by and between Dr. Bruce Barr (hereinafter Grantor), and the CITY OF VIRGINIA BEACH, a municipal corporation of the Com- monwealth of Virginia (hereinafter referred to as Grantee). W I T N E S S E T H WHEREAS, the Grantor has initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by peti- tion of the Grantor addressed to the Grantee, so as to change the classification of the Grantor's Property from 0-2 (Of- fice) to B-2 (Business) on certain Property which contains a total of .41 acres, raore or less, in the Kempsville Borough, of the City of Virginia Beach, Virginia, raore particularly described in the attached Exhibit A, (hereinafter "the Property"). WHEREAS, the Grantee's policy is to provide only for the orderly development of land, for various purposes, including business purposes, through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the subject Property and at the same time to recognize the effects of the changes, and the need for various types of uses, including those listed above, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned B-2 are needed to cope with the situation which the Grantor's re- zoning application gives rise to; and WHEREAS, the Grantor has voluntarily proffered in writ- ing in advance of and prior to the public hearing before the Grantee, as part of the proposed amendment to the Zoning Map, in addition to the regulations provided for in the existing B-2 zoning district by the existing Comprehensive Zoning Ordinance, the following reasonable conditions related to the lphysical development and operation of the Property to be adopted as a part of said amendment to the new Zoning Map relative to the Property described above, which have a reasonable relation to the re-zoning and the need for which is generated by the re-zoning; and WHEREAS, said conditions having been proffered by the Grantor and allowed and accepted by the Grantee as part of the aiaendment to the Zoning ordinance, such conditions shall continue in full force and effect until a subsequent amend- ment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent !amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Of- fice of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the subject Property at the time of recordation of such instrument; -2- provided, further, that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.1-431, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW, THEREFORE, the Grantor, for themselves, their suc- cessors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exac- tion from the Grantee or its governing body and without any element of compulsion of cfuid Dro cruo for zoning, re-zoning, site plan, building permit or subdivision approval, hereby makes the following declaration of conditions and restric- tions as to the physical development and operation of the Property and governing the use thereof and hereby tenders the following covenants running with the said Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its heirs, personal representatives, assigns, grantees and other succes- sors in interest or title, namely: 1. The Property shall be developed in substantial compliance with the attached Site Plan, entitled "Prelirainary Site Plan of Taco Bell Express", dated December 19, 1991 and revised as of March 23, 1992, labeled as Exhibit 'IBI'L prep-ared by Langley and McDonald, P.C., said plan being the -3- same plan exhibited to the City Council and on file in the Planning Department of the City of Virginia Beach (hereinafter "Site Plan"). 2. Grantor shall install landscaping on the Property in substantial compliance with the attached landscaping plan entitled "Preliminary Planting Plan of Taco Bell Express", dated March 23, 1992 labeled as Exhibit "C", prepared by Langley and McDonald, P.C., said plan being the same plan exhibited to the City Council and on file in the Planning Department of the City of Virginia Beach (hereinafter "Plant- ing Plan"). 3. Grantor shall maintain a ten foot buffer area along the northern property line of the Property. A wooden fence, not exceeding six feet in height and Category IV Landscaping shall be installed within this buffer area substantially as shown on the Planting Plan. 4. The restaurant facility constructed on the Property will be a drive-through facility only with no indoor seating. Further conditions may be required by the Grantee during detailed site plan and/or subdivision review and administra- tion of applicable city codes by all cognizant City agencies and departments to meet all applicable city code require- ments. All references hereinabove to zoning districts and to regulations applicable thereto refer to the Comprehensive Zoning Ordinance of the City of Virginia Beach, Virginia, in -4- force as of the date the conditional zoning amendment is ap- proved by the Grantee. The Grantor covenants and agrees that (1) the Zoning Administrator of the City of Virginia Beach, virginia shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, virginia to administer and enforce the foregoing conditions, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such condi- tions, including mandatory or prohibitory injunction, abate- ment, damages or othez appropriate action, suit or proceed- ings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO or this Agreement, the Grantor shall petition to the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map shown by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance and the conditions raay be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department and that they shall be recorded in the Clerk's Office of the Circuit Court of the -5- City of Virginia Beach, Virginia and indexed in the name of the Grantor and Grantee. WITNESS the following signature and seal: Dr. Barr STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: Subscribed and sworn to before me this day of March, 1992 by Dr. Bruce Barr. - e. Notary Publiu My commission Expires: EXHIBIT A All those certain lots, pieces or parcels of land containing .41 plus or minus acres in the Kempsville Borough of the city of Virginia Beach being more particularly described in that certain Deed of Conveyance dated 8-30-84 by and between Earle W. and Colleen B. Grene, to Bruce K. Barr, by Deed recorded in the Virginia Beach circuit Court Clerk's office in Deed Book 2370 at page 2143. It being the same property conveyed to Earle W. Greene a/k/a Grene by Deed recorded in the Virginia Beach circuit Court Clerk's Office in Deed Book 2279 at page 1474, and recorded in Deed Book 2316 at page 1465. sll/sjd/b.barr.pro -7- M @lr@A@A' @.4-IAC -,4,E--IIV6 I / / @a 'Bi 19 v 110. @l@rIIVZ,- MIAII- Z,OA(--Z:l A IDIV &,,ylZ;N W,9,OD W, SA4' T r DZIVW el(,AZ'AN7- Sl 7-E7 'v;7 D-Z S-'2 EZ rCA-r. -C@ wloao L.@o @@Z IIWIIYA,- Y 1,4 YOZI 7- -SI7-@ -Z A IV 101- 7-A @D @@LL -T 13Z4-&EM,-5-VILI,E @,4,0- VI@INIA HE-,4@11,Vl--,CIVIA D--,C--A4ffFZ Jo ,@-7/ ZEV, AlA--,C.V Z:3 > /-7-77 ,Vo-rC;Clr-I 7-,OZ,- MO-ZaV--,D IS-Z OF- /4 CD-Dl-,O-AL- 41S@ ".CA=57. LI'S-- A441sr AF@ Langley and McDonold . P.OrEss*@ CORKNITIO. APPENDIX D ENGINEERS-PLANNERS-SURVEYORS Sl 7-E F-DIVGLD O-Z VIRGINIA BEACH- WILLIAMSOURG. VIRGINIA Nil FEN - 44 - Item 111-J.1. APPOINTMENTS ITEM # 35660 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: GREENWAYS, TRAILS AND BIKEWAYS COMMITTEE I 4 5 Item 111-J.2- APPOINTMENTS ITEM # 35661 Upon NOMINATION by Councilffon Sessorns, City Council APPOINTED: HUMAN RIGHTS COMMISSION Richard G. Brydges Unexpired term thru 1/31/93 James R. McKenry Unexpired term thru 1/31/95 Voting: 9-0 Council Members Voting Aye: John A. Baum, Jarms W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Nancy K. Parker and W i I I i am D. Sessorris, Jr. Council Members Voting Nay: None Council Members Absent Reba S. McCianan and Mayor Meyera E. Oberndort 46 - Item III-J.3. APPOINTMENTS ITEM # 35662 Upon NOMINATION by Councilman Sessoms, City Council VIRGINIA MLJNICIPAL 1EAGUE poLICY COMMITREES: APPOINTED: Community/Economic Development Linwood 0. Branch, III Effective Government Robert K. Dean Transportation John D. Moss AND, REAPPOINTED: Education Nancy K. Parker Environmental Quality Meyera E. Oberndorf, Mayor Hi,man Development Robert W. Clyburn Public Safety James W. Brazier, Jr. Voting: 9-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent Reba S. McClanan and Mayor Meyera E. Oberndorf 4 7 Item Ill-K-1- UNFINISHED BUSINESS ITEM # 35663 Counci lwoman Parker referenced the status of the issue relative Adult Book Stores. Assistant Attorney Gary Fentress advised the City Attorney's Office, Planning Department and the Pol ice Department are each investigating the issue from difterent prospectives. The possibl ity of stepped up pol ice enforcemnt is being pursued. Certain revisions to the zoning ordinance would be proposed through the Planning Departmnt- 4 8 item Ill-L.I- NEW BUSINESS ITEM # 35664 Upon motion by Counci I man Lanteigne, seconded by Counci I man Sessoms, City Council ADOPTED: Resolution directing City Staff study and evaluate the teasibility of the creation of a public recreational facilities authority and report to Council prior to July 31, 1992. Voting: 9-0 Council Menters Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Nancy K. Parker and William D. Sessom , Jr. Council Members Voting Nay: None Council Members Absent Reba S. McClanan and Mayor Meyera E. Oberndort Requested by Councilmen William D. Sessoms, Jr. & Paul J. Lanteigne I A RESOLUTION DIRECTING CITY STAFF TO 2 STUDY AND EVALUATE THE FEASIBILITY 3 OF THE CREATION OF A PUBLIC 4 RECREATIONAL FACILITIES AUTHORITY 5 6 WHEREAS, the city of virginia BeaCh is a yearly 7 destination for hundreds of thousands of visitors who come to the 8 City for vacations, conventions, and in general, to enjoy the sun, 9 the sand beaches, and the many other amenities that the city has to 10 offer; 11 WHEREAS, the City is also home to over 400,000 citizens 12 who have chosen to live in the city due, in large part, to many of 13 these same amenities; 14 WHEREAS, in an effort to continue to attract visitors and 15 to improve the quality of life for its citizens, the City has 16 determined the need to pursue the enhancement of existing amenities 17 such as the Pavilion, the Virginia Marine Science Museum, local is golf courses and other recreational facilities, and the addition of 19 new amenities; 20 WHEREAS, in this time of fiscal constraints, the City 21 iftust consider various options to provide funding for such 22 amenities; 23 WHEREAS, the Code of Virginia specifically authorizes 24 localities to create a "public recreational facilities authority" 25 whose purpose, among other things, would be to construct and 26 improve projects such as convention centers, museums, and sports 27 facilities; 28 WHEREAS, a public recreational facilities authority would 29 also have the power to issue bonds for the construction and 30 improvement of such projects; and 31 WHEREAS, a public recreational facilities authority may 32 be a viable instrumentality through which the City could fund the 33 improvement of its existing amenities and construction of new 34 facilities for recreational purposes. 3 5 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 36 OF VIRGINIA BEACH, VIRGINIA: 37 1. That City staff is hereby directed to study and 38 evaluate the feasibility of the City's creation of a public 39 recreational facilities authority; and 40 2. That city staff is further directed to prepare a 41 report of its findings and to present such report to the Council 42 prior to July 31, 1992. 43 Adopted by the Council of the City of Virginia Beach, 44 Virginia, on the 26 day of May 1992. 45 CA-4678 46 ORDIN\NONCODE\PRFA.RES 47 R-2 2 - 49 - Item Ill-L-2- NEW BUSINESS ITEM # 35665 Upon motion by Cou nc iinian Cl yburn, seconded by Cou nc i I man He! schober, City Counci I SCHEDULED RECONSIDERATION for the City Counci I Session of June 23, 1992, of Condition Number 4 in the April 28, 1992, approved application of The Most Reverend Walter F. Sul I ivan, Bishop ot the Diocese ot Richmond, for a Conditional Use Permit for a Catholic hiqh school. ORDINANCE UPON APPLICATION OF THE MOST REVEREND WALTER F. SULLIVAN, BISHOP OF THE DIOCESE OF RICHMOND FOR A CONDITIONAL USE PERMIT FOR A CATHOLIC HIGH SCHOOL R04921422 Ordinance upon appl ication of The Most Reverend Walter F. Sullivan, Bishop of the Diocese of Richmond for a Conditional Use Permit for a catholic high school on certain property located on the east side of Princess Anne Road, 1300 feet more or less south of Green Meadows Drive. Said parcel contains 15 acres. KEMPSVILLE BOROUGH. The following condition shall be RECONSIDERED: 4. The Brenneman Farm Land Use Plan is hereby amended to delete the 15 acres rezoned to R-10 from the total acrps available for townhouse development. Total acreage for townhousp- development will be reduced from 31.7 acres to 16.7 acres and the number of townhouse units will be reduced trom 285 to 150. Dr. Signey L. Faucett, Division Superintendent - Virginia Beach City Public Schools, shall provide a letter advising the school site is not needed for a City School. Voting: 9-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent Reba S. McCianan and Mayor Meyera E. Oberndorf - 50 - item 111-M.l. ADJOURNMENT ITEM # 35666 Upon motion by Counci I man Baum, and BY CONSENSUS, City Counci I ADJOURNED the Meeting at 8:30 P.M. b.,t E. Fntr.F@ Vice Mayor - Presiding th Hdge@ Sm',th, ;CIAAE yr. E. Obr,,drf City Clerk Mayor City of Virginia Beach Virglnia