The URL can be used to link to this page

Home My WebLink AboutOCTOBER 23, 1989 @f N7ir-igi@i@ 'WORLD'S LARGEST RESORT Cffy" CM COUNCIL WYOR Mff@ E. OMMW". L- VIU WYOR RO@T E F&W@, V@@i.. @h @@h @.r w @o L_- --h JOHN M@W HMXHOMI, A, L- @@M, A.. JOHN D MM, K--. @h N@ X P@P, A, -, JO- L PEMY, @ @h WIWM D. @&M JR., A, U@ 281 CITY HAL.L BUIL[)ING MUNICIPAL CENTER @U@ V. WAM, I., @il CITY COUNCIL AGENDA VIRGINIA BEACH, VIRGINIA 23456-9002 1 D@ W.WN. C4 A,@ f8N) 427-4303 R@H HODGM MaH, @Cl@. Ci@ C@k OCTOBER 23, 1989 ITEM 1. CITY COUNCIL WORKSHOP - Conference Room - 3:30 PM A. CAPITAL IMPROVEMENT PLAN ITEM 11. COUNCIL CONFERENCE SESSION - Conference Room - 4:30 PM A. CITY COUNCIL CONCERNS ITEM 111. INFORMAL SESSION - Conference Roorn - 5:00 PM A. CALL TO ORDER - Vice Mayor Robert E. Fentress, Presiding B. ROLL CALL OF COUNCIL C. MOTION TO RECESS INTO EXECUTIVE SESSION ITEM IV. FORMAL SESSION - Council Chamber - 6.00 PM A. INVOCATION: Reverend Thomas Murphy Virginia Beach United Methodist Church B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA C. ELECTRONIC ROLL CALL OF CITY COUNCIL D. CERTIFICATION OF EXECUTIVE SESSION E. MINUTES 1. INFORMAL & FORMAL SESSIONS - October 2, 1989 F. RESOLUTIOWORDINANCE 1. Resolution authorizing the enlargement of the nonconforming use and structure located at 110 71st Street, property of Thornas R. Watkins and Jean F. Watkins. 2. Ordinance to AMEND the Code of the City of Virginia Beach, Virginia, by the ADDITION of a new Section 8-11 re requirements for fences and walls. G. CONSENT AGENDA A] I matters I lsted under the Consent Agenda are considered In the ordinary course of business by City Counci I and wi I I be enacted by one motion In the form listed. If an itefn is removed from the Consent Agenda, it will be discussed and voted upon separately. 1. Resolution requesting the General Assembly to appropriate yearly adequate funding to local governments for the administration of the Chesapeake Bay Preservation Program. 2. Ordinance to MEND and REORDAIN Section 23-48 of the Code of the City of Virginia Beach, Virginia, re open storage of junk. 3. Ordlnance to MEND and REORDAIN Section 23-50.1 of the Code of the City of Virginia Beach, Virginia, re the removal of diseased, etc., trees. 4. Ordinance, upon SECOND READING, to APPROPRIATE $206,049 to the Department of General Services for associated costs. 5. Ordinance, upon SECOND READING, to APPROPRIATE $512,873 to the Sheriff's Department for the Work Release Correction Center Annex, offset by $475,898 of increased revenues. 6. Ordinances appointing viewers In the petitions of: a. The Runnymede Corporation for the closure of a portion of Race Street (Lynnhaven Borough); AND, b. Vintage Investment Oorporation for the closure of a portion of Cypress Road (Virginia Beach Borough). H. PUBLIC HEARING 1. PLANNING - RECONSIDERATION a. Request of LOUIS R. JONES for reconsideration of conditions In the January 27, 1986, approved application of Ronald L. and Holly Hall for a Change of Zoning District Classlfication from R-3 Rgsidential District to 0-1 Office District at the Southeast corner of General Booth Boulevard and Princess Anne Road, shown as ItResidue Acreage", containing 3.25 acres (PRINCESS ANNE BOROUGH). Scheduled for Reconsideration: August 14, 1989 2. PLANNING a . Application of HOLLOMAN-BROWN FUNERAL HOME, BAYSIDE CHAPEL, INC./LOUIS R. JONES for a Change of Zon I ng Dlstrlct Classification from R-20 Residential District t. 0-2 Otf ice District on the South side ot Ueneral Booth Boulevard, ZbU tett more or less East of Princess Anne Rc)ad, containing 34,848 square feet (PRINCESS ANNE BOROUGH). Recommendation: APPROVAL b. Ordinance for the discontinuance, closure and abandonment of a portion of Holly Avenue beginning at the western boundary of North Great Neck Road and running Easterly a distance of 150.47 feet, containing 3773.78 square feet (LYNNHAVEN BOROUGH), In the petition of CHESAPEAKE AND POTOMAC TELEPHONE COMPANY OF VIRGINIA, INC. Deferred for compliance October 10, 1988 and April 10, 1989 AMENDED conditions and APPROVED the variance March 20, 1989 Recommendation: FINAL APPROVAL c. Petition of DOMINION BUILDING CORPORATION for the discontinuance, closure and abandonment of a portion of Dwyer Road beginning at a point 455.5 feet Southwest of the Intersection with Dam Neck Road and running In a Westerly direction a distance of 2782.7 feet, being 40 feet In width and containing 2.553 acres (PRINCESS ANNE BOROUGH). Deferred for compliance March 9, 1987, September 14, 1987, March 14, 1988 and September 26, 1988 WAIVED Condition Number One November 14, 1988 Recommendation: ADDITIONAL ONE (1) YEAR DEFERRAL d. Application of THE PRESBYTERIAN LEAGUE OF NORFOLK PRESBYTERY, INC. for a Conditional Use Permit for a church at the Northwest corner of Princess Anne Road and Crossroad Trail, containing 4.258 acres (PRINCESS ANNE BOROUGH). Recornmendation: APPROVAL e. Application of AUTO SUNROOF AND ACCESSORIES, INC. for a Conditional Use Permit for an automobile repair garage (instal lation of sunroots, luggage racks, spoi lers and running boards) on the South side of Cleveland Street, 1910 feet West of Witchduck Road (5321 Cleveland Street), containing 3200 square feet (BAYSIDE BOROUGH). Recommendation: APPROVAL f. Application of TRAVIS W. HALSTEAD, JR. and CYD L. HALSTEAD for a Conditional Use Permit for boarding horses on the West side of Princess Anne Road, 2800 feet North of Stowe Road (1161 Princess Anne Road), containing 40.1493 acres (PUNGO BOROUGH). Recommendation: APPROVAL 9. Application of RIVERSIDE INVESTMENT ASSOCIATES, INC. for a Conditional Use Permit for a 122-unit motel on the South@est corner of Greenwich Road and Bal lard CourT, containing 1.7 acres (BAYSIDE BOROUGH). Recommendation: APPROVAL h . Application of TIDEWATER WESTMINSTER HOMES, INC. for a Conditional Use Permit for apartments for the elderly on Lot 20, Block R, Aragona Village (709 Aragona Boulevard), containing 1.43 acres (BAYSIDE BOROUGH). Recornmendation: APPROVAL 1. Application of RICHARD G. and TRACEY L. GARNER for a Conditional Use Per7nit for a home occupation (leather crafti@q) on Lot 228, Section 4, Red mill Farms (1205 Warner Hall Drive), containing 7,500 square feet (PRINCESS ANNE BOROUGH). Recommendation: APPROVAL j. Application of PACE HOMES, INCORPORATED for a Conditional Zoning Classification from R-10 Residential District to A-12 Apartment DisTrict-on the Southwest side of Reagan Avenue beginning at a point 400 teet more or less Northwest of Busky Lane, containing 10.979 acres (LYNNHAVEN BOROUGH). Recommendation: APPRO"L k. Application of BOY SCOUTS OF AMERICA and MOORE FARM ASSOCIATES for a Change of Zonlnq District Classification from R-10 Residential District to B-2 Community Business District on the East and West sides of Hea-therwood Drive, 484.83 feet North of Haygood Road on Parcels D-1, G-1 and 1-1, Cypress Point North Shopping Center, containing 13,278 square feet (BAYSIDE BOROUGH). Recommendation: APPROVAL 1. Ordinances to AMEND and REORDAIN the City Zoning Ordinance of the City of Virglnia Beach, Virginia: 1. Article 1, Section 106 of re rehearings of variance applications; AND, 2. Section 214 re sign height, setback and landscaping. DEFERRED September 11, 1989 Recommendation: APPROVAL m. Ordinance to AMEND and REORDAIN Section 7 of the Site Plan Ordinance of the City of Virginia Beach, Virginla, re variances and appeals as they relate to development related waiver requests. Recommendation: APPROVAL 1. APPOINTMENTS HAMPTON ROADS AIR POLLUTION CONTROL DISTRICT COMMISSION HISTORICAL REVIEW BOARD TIDEWATER TRANSPORTATION DISTRICT COMMISSION J. UNFINISHED BUSINESS K. NEW BUSINESS L. RECESS TO RECONVENE OCTOBER 24, 1989, at 9:00 AM, In EXECUTIVE SESSION for a PERSONNEL MATTER (a. Interviews for the City Attorney position) M. ADJOURNMENT CITY COUNCIL SESSIONS RESCHEDULED OCTOBER 30, 1989 2:00 PM (RESCHEDULE OF OCTOBER 9 and 16) Administrative/Planning Items CITY COUNCIL SESSION CANCELLED NOVEMBER 27, 1989 NATIONAL LEAGUE OF CITIES (Scheduled Planning Items will be heard November 20) All other Sessions will be In accordance with the City C(>de mim 10/19/89 M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia October 23, 1989 The CAPITAL IMPROVEMENT WORKSHOP (FY-1989-90/1993-94) for the VIRGINIA BEACII CITY COUNCIL was called to order by Vice Mayor Robert E. Fentress in the Conference Room, City Hall, on Monday, October 23, 1989, at 3:30 P.M. Council Members Present: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Reba S. McClanan, John D. Moss, Nancy K. Parker and William D. Sessoms. Council Members Absent: Mayor Meyera E. Oberndorf (OUT OF CITY ON BUSINESS) Barbara M. Henley (ENTERED: 3:43 P.M.) John L. Perry (ENTERED: 3:35 P.@1.) - 2 - C I T Y C 0 U N C I L C 0 N C E R N S ITEM # 31886 Councilman Balko advised the monies as well as homes, planes, boats, et cetera from the sale of drugs confiscated by the police normally comes back to the municipality. However, under new legislation being considered. The proceeds will be returned to the Federal Government. Councilman Balko suggested a Resolution be composed urging the City's legislative representation to have the funds retained by the municipality. Councilman Sessoms advised Senator Warner was a leader in the urging of the retention of these funds by the municipality. Councilman Heischober advised the other side of the coin reflected by Congress is the funds can be used Federally to kill the source of supply. Councilman Sessoms and Robert Matthias, Legislative Co-ordinator, advised these funds were not going to go back to the Federal Government to be used against the fight against drugs, but rather to the general fund. The Federal Government passed a law advising that unless a locality's State Constitution allows the use of these funds they cannot be returned to the municipality. The Virginia Constitution states same must be in the Literary Fund. A Constitutional Amendment is being devised at the state level but will not be approved until January 1991 at the earliest. Robert Matthias advised Senator Warner placed a Bill in the Senate which was killed in the House; however, the House has now passed their own version of the Bill which was sent to the Senate. A Resolution will be SCHEDULED for the City Council Session of October 30, 1989. ITEM # 31887 Councilman Moss referenced his inquiry to the City Manager whether Personal Property Tax can be placed on drugs. Many states have utilized this method of drug stamps to receive funds two ways; tax convictions and tax liens are satisfied first from the proceeds before distribution. ITEM # 31888 Councilman Moss referenced the stringent schedule of vitally important items, i.e, the Legislative Package, Capital Improvement Program and the PUBLIC HEARING for School Board Appointments between now and December. Councilwoman @IcClanan referenced several letters relative the School Board Appontments. One of the School Board Members whose term expires December 1989 will be away during the Thanksgiving Holidays. Councilwoman McClanan requested the date or dates of the School Board PUBLIC HEARINGS be SCHEDULED during the City Council Session of October 30, 1989. Councilwoman McClanan requested the date for the PUBLIC HEARING of the SOUTHEASTERN EXPRESSWAY also be SCHEDULED. ITEM # 31889 Councilman Perry referenced a mistake on the computerized concern sheet. The car lot was not on Shore Drive and Pleasure House Road, but Baker Road and Lake Edward Drive adjacent to a day care center. Councilman Heischober advised this was an old service station converted many years ago to a used car lot. The applicants did receive a Conditional Use Permit for same, but these individuals are now out of business. There are cars on the lot now supposedly for sale. Councilman Heischober requested same be investigated as he has also received complaints. - 3 - C IT Y C 0 UN C I L C ON C E R N S ITEM # 31890 Councilman Perry advised a developer has been trying to get permission to place bulkheads on Pleasure House Lake. The Coast Guard advised they have nothing to do with it because Pleasure House Lake is a man made lake. C. Oral Lambert, Jr. , Director of Public Works, advised the developer was trying to fill in a great portion of Pleasure House Lake. The City Attorney's Office has examined same and a status report will be provided. Councilwoman Parker requested information relative the effect of the drainage. ITEM # 31891 Councilman Perry advised in the vicinity of this aforementioned area, there are signs on either side of the road stating "NO PARKING". This is a very narrow street and thus there is nowhere to park. The City Manager will provide information relative this situation. ITEM # 31892 Councilman Moss requested Robert Matthias, Intergovernmental Relations Coordinator, Iceep abreast of the Interstate Highway Trust Fund Appropriations and Obligation Authority relative South Carolina and California. In light of the national concern, it appears Virginia is going to receive less money. This might have an impact on many of the City's road building programs and other funding issues. Councilwoman McClanan advised the report to be discussed Wednesday, October 25, 1989, at the Southeastern Virginia Planning District Commission contains considerable research on this particular aspect. ITEM # 31893 Councilman Balko referenced correspondence from Attorney Ned Caton relative the application of East Coast Oil Corporation for a Conditional Use Permit SCHEDULED for the City Council Agenda of October 30, 1989. Attorney Caton requested this application be DEFERRED to November 13, 1989, as he will be out of the City. The City Clerk advised Attorney Robert Cromwell, representing East Coast Oil, had informed her the applicant was not willing to postpone this application. ITEM # 31894 Councilwoman Henley advised she is forwarding Council Members a copy of her letters to Mark Snyder, Chairman of the Mayor's Committee for the Disabled, Jacqueline Beach, Member of the Community Services Board, and to Mrs. Ritter relative changes in Transportation for the Disabled. On September 18, 1989, Councilwoman Henley distributed a DRAFT copy of the proposed policy, entitled "Transportation Services Program for Citizens Disabilities", to bring on-line the wheelchair lift-equipped buses in concert with the transit system. Written comments have been requested by December First. The pending legislation before Congress will mandate wheelchair lift- equipped buses, as well as the continuation of the paratransit system. However, it does not provide specifics. This will be a very difficult issue to resolve. Even though the Disabled Community for years has been lobbying very hard for the wheelchair lifts on buses, the TTDC is now hearing from the Disabled Community they cannot ride these buses and need to have paratransit continue. It is going to be difficult to provide both as well as have a review committee decide who can qualify for paratransit. - 4 - C I T Y C 0 U N C I L C 0 N C E R N S ITEM # 31894 (Continued) Councilwoman Henley requested City Council's guidance. There will be no new Federal dollars to fund these issues. The City has a fleet of approximately 150 buses. Each of these lifts entails a cost of approximately $15,000. The bulk of these funds might come from the Federal Government since these dollars are expended primarily on capital costs. That money could have gone toward the purchase of vans. This is a significant amount. The Annual Operating Maintenance Cost of the lifts is a significant amount and these dollars are primarily local and State. Councilwoman Henley did not believe service to the main line could be cut to expand service to the disabled. Additional funds will have to be secured. Perhaps there are other ways, the same kind of service could be accomplished. A vision impaired person might be able to ride share or join a van pool as they really do not need a van with a lift. Many individuals, who are not wheelchair bound, have positions at Sheltered Workshops and also do not really need a van with a lift. A Pilot Project is being developed by TRT this year which is a user side subsidy experiment with low income individuals similar to a food stamp program. This would allow low income individuals to utilize not only buses, but taxis and other types of service to get to work. This might be a possibility of the disabled who did not require wheelchairs. ITEM # 31895 Councilwoman Parker referenced the Recycling Day at Pembroke Mall, Saturday, October 21, 1989. This was a huge success. The public response was incredible. Councilwoman Parker extended compliments to the Clean Community Commission and the Southeastern Public Service Authority. ITFII # 31896 Vice Mayor Fentress advised his visit to recycling centers on the West Coast, a nine square mile City that has been doing this for nine years. All of this is voluntary and accompanied by a superb marketing program. Mandating this program is currently under consideration. Washington, D.C. shall be mandating the first of the year. ITEM # 31897 Vice Mayor Fentress announced the mother of Robert Scott, Director of Planning, died of Cancer in New England. ITEM # 31898 Councilman Perry advised residents of Newsome Farm, Colaro Court, have plans to file a Class Action Suit against the City concerning the construction of homes in that area. and demand their money back. The builder has gone bankrupt and thus those funds might have to be returned by the Community Development Corporation. The City Manager will investigate. ITEM # 31899 Vice Mayor Fentress expressed concern over the habit of eating meals during EXECUTIVE SESSION. As this was very diverting to one's attention span, Vice Mayor Fentress suggested twenty minutes be allocated between Sessions for this sole purpose. - 5 - I T E M S 0 F T H E C I T Y M A N A G E R ITEM # 31900 The City Manager advi sed, unless Ci ty Counc! I objects, there WIII be CIP WORKSHOPS SCHEDULED of one hour duration at the beginning of the City Council Meetings of October 30 and November 6, 1989. ITEM # 31901 The City Manager provided a DRAFT of the Resolution ADOPTED by the Chesapeake City Council relating to the Southeastern Expressway and the possibility of having same designated as a Route 58 Bypass. This item would be a possible funding mechanism. The DEADLINE for Public Comment Is October Thirty-first. C<)uncilman Heischober requested information be provided relative the opinions of the City's Legislative representation. Oouncilwoman WClanan advised 'half of the new Toll Road in California is being funded with C)onditional Zoning and Impact Fees. The City Manager advised Councilman Baum there were cost cornparlsons in the present docurnentation. These cost data could be reaffirmed. C)ouncilman BaLxn said he was interested In determining the acqulsition costs per acre for rights-of-way, especially the Wetlands. Basically, two rights-of-way are being purchased. The City Manager advised a representative from the State will be available to respond to various issues during the PUBLIC HEARING of the SOUTHEASTERN EXPRESSWAY. Councilwoman ttclanan requested maps depicting existing conditions be provided prior to the PUBLIC HEARING. The maps of the State are old. - 6 - ITEM # 31902 The INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order by Vice Mayor Fentress In the Con f erence Room, Ci ty HAII Bu! Id I ng, on Monday, October 23, 1989, at 5:05 P.M. Council Members Present- Albert W. Balko, John A. Baun, Vice Veyor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. WClanan, John D. Moss, Nancy K. Parker, John L. Perry and William D. @soms, Jr. Council Members Absent: Mayor Nbyera E. Oberndorf - 7 - ITEM # 31903 Vice %yor Robert E. Fentress entertained a motion to permit City Counci I to conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purposes: 1. PERSONNEL MATTERS: Discussion, consideratlon or interviews of prospective candidates for employment, assignment, appointment, promotion, perfonnance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees pursuant to Section 2.1- 344(A)(1). (1) City Attorney position. (2) City Council appointed boards and commissions. Upon motion by Councilman Perry, seconded by rouncilman Sessoms, City Council voted to proceed into EXECUTIVE SESSION. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. BAUTI, Vice Veyor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Voss, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay; None Council Wmbers Absent: Mayor Meyera E. Oberndorf - 8 - VIRGINIA BEACH CITY COUNCIL October 23, 1989 6:00 P.M. Vice Veyor Robert E. Fentress cal led to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chambers, City Hall Building, on Monday, October 23, 1989, at 6:00 P.M. Council Members Present: Albert W. Balko, John A. Baum, Vice Wayor Robert E. Fentress, Harold Heischober, Barbara M. Fbnley, Reba S. McClanan, John D. Wss, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Vembers Absent: Mayor Mayera E. Oberndorf (OUT OF CITY ON BUSINESS) INVOCATION: Reverend Thomas Murphy Virginia Beach United Methodist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA 9 Item I V-D RECOGNITION ITEM 31904 ADD-ON Vice Mayor Fentress recognized Mrs. Delores Delaney, Chairman of the CADRE Group, accompanied by a group of eleven students celebrating the beginning of RED RIBBON WEEK. The theme of CADRE is VIRGINIA BEACH TOMORROW DRUG FREE. Red Ribbons were distributed to all Members of City Cbuncil and those citizens in attendance. - 10 - Item IV-D.I. CERTIFICATION OF EXECUTIVE SESSION ITEM # 31905 Upon motion by C)ounci Iman Heischober, seconded by Counci Iman Perry, City Council ADOPTED: CERTIFICATtON OF EXECUTIVE SESSION Only pubi ic business matters lawful ly exempted from Open Meeting requirements by Virginia law were discussed In Exec ut i ve Session to which this certification resolution applies; AND, Only such public business matters as were identified In the motions convening the E)<ecutive Session were heard, discussed or considered by Virginia Beach City Council. Vot I ng 10-0 Council @mbers Voting Aye: Albert W. Balko, John A. BaLim, Vice Wayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McCianan, John D. Moss, Niancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Vembers Absent: Mayor Meyera E. Oberndorf Wroialuti till CiRTIFICATION OF EXECUTIVE SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to the affirmative vote recorded here 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 business matters as were identified in the motion convening this Executive Session were heard, discussed or considered by Virginia Beach City Council. MOTION; Upon motion by Councilman Perry, seconded by Councilman Sessoms, City Council voted to proceed into EXECUTIVE SESSION to consider: 1. PERSONNEL MATTERS: Discussion, consideration 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). (1) City Attorney position. (2) City Council appointed boards and commissions. VOTE: 10-0 Council Members Voting AYE: Council Diembers Voting NAY: Albert W. Balko, John A. Baum, Vice Mayor Robert E. None Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Nancy K. Parker John L. Perry and William D. Sessoms Council Members ABSTAINING: Council Members ABSENT for the Vote: None Mayor Meyera E. Oberndorf Council Members ABSENT for the Meeting: Mayor Meyera E. Oberndorf l(uth Hodge@ Smith, CMC/AAE .City Clerk Item IV-E.I. MINUTES ITEM # 31906 Upon motion by Councilman Perry, seconded by Councilman Sessoms, City Council APPROVED the Minutes of the INFORMAL & FORMAL SESSIONS of October 23, 1989. Vot i ng -. 10-0 Counci I Members Voting Aye: Albert W. Balko, John A. BaLn, Vice Veyor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. VcClanan, John D. Moss, Nbncy K. Parker, John L. Perry and William D. Sessoms, Jr. Counci I Wmbers Voting Nay: %ne Council Members Absent: Mayor Voyera E. Oberndorf - 12 - Item IV-F.l. RESOLUTION/ORDINANCE ITEM # 31907 Thomas R. Watkins, 110 71st Street, Phone: 422-6079 (Virginia Beach) 873-1881 (Newport News) 722-8590 (Hampton), the applicant, represented himself and distributed statements of adjacent owners of property in the 100 block of 71st Street and the owners of property on 70th Street in support of the application. Said statements are hereby made a part of the record. R. L. Smouse, 106 84th Street, Phone; 425-1567, President - North Virginia Beach Civic League, spoke in OPPOSITION. The City Clerk referenced a letter from Ramon L. Smouse, President - North Virginia Beach Civic League, in OPPOSITION to the application. A Motion was made by Councilman Balko, seconded by Councilwoman Parker, to DENY Resolution authorizing the enlargement of the nonconforming use and structure located at 110 71st Street, property of Thomas R. Watkins and Jean F. Watkins. Voting: 4-6 (MOTION LOST TO A NEGATIVE VOTE) Council Members Voting Aye: Albert W. Balko, Barbara M. Henley, John D. Moss, Nancy K. Parker, Council Members Voting Nay: John A. Baum, Harold Heischober, Reba S. McClanan, Vice Mayor Robert E. Fentress, John L. Perry and William D. Sessoms, Jr. Council Members Absent: Mayor Meyera E. Oberndorf - 13 - Item IV-F.l. RESOLUTION/ORDINANCE ITEM # 31907 (Continued) Upon motton by Co unc i I man He! schober, seconded by Co unc II man Sessoms, City Council ADOFITED: Resolution authorizing the enlargement of the nonconfoming use and structure located at 110 71st Street, property of Thomas R. Watkins and Jean F. Watkins. Application of Thomas R. and Jean F. Watkins for a Change in a nonconforming use on property located at 110 71st Street. The parcel contains 11,250 sq uare f eet more or I ess. More deta i I ed i n f ortnat I on is available In the Department of Planning. LYNNHAVEN BOROUGH. Voting: 6-4 Council %mbers Voting Aye: John A. BaLtn, Harold Heischober, Reba S. tkcianan, Vice Mayor Robert E. Fentress, John L. Perry and William D. Sessoms, Jr. C)ouncil Members Voting Nay: Albert W. Balko, Barbara M. Penley, John D. Moss, and Nancy K. Parker Council Members Absent: Voyor Nbyera E. Oberndorf APPROVED AS TO CONTENTS SMNATURE I it@ lo-4M DEPARUENT APPROVED AS FORM 1 RESOLUTION AUTHORIZING THE ENLARGEMENT SIGNATURE 2 OF THE NONCONFORMING USE AND STRUCTURE -@'CITY ATTORIll@-/@'07 3 LOCATED AT 110 71st STREET 4 PROPERTY OF THOMAS R. WATKINS AND JEAN F. WATKINS, HUSBAND AND WIFE 5 WHEREAS, Thomas R. Watkins and Jean F. Watkins, husband and 6 wife, (hereinafter the "Applicants") desire to construct a new 7 screened porch which will house a new staircase with an additional 8 car port below their existing nonconforming two-story garage 9 apartment, thereby increasing the living area 223.25 square feet, 10 as shown on that certain drawing attached hereto and made a part 11 hereof as Exhibit "A;" and 12 WHEREAS, the present use does not conform to the provisions 13 of the City Zoning Ordinance because garage apartments are not 14 allowed in the R-5R Residential District; and 15 WHEREAS, pursuant to Section 105(d) of the City Zoning 16 Ordinance, City Council may authorize the enlargement or extension 17 of a nonconforming use if Council finds that the use as enlarged 18 or extended is equally appropriate or more appropriate to the 19 zoning district than is the existing nonconformity. 20 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA: 22 That City Council hereby finds the enlargement or extension 23 of the nonconforming garage apartment located at 110 71st Street, 24 Virginia Beach, Virginia, as shown on the attached Exhibit "A," is 25 equally appropriate or more appropriate to the zoning district in 26 which they are located than is the existing nonconformity; and the 27 City Council hereby authorizes the enlargement or extension of the 28 nonconforming use in the manner shown on the attached Exhibit "A," 29 provided extension of the use complies with all building, site plan 30 and other requirements of the City of Virginia Beach. 31 Adopted by the Council of the City of Virginia Beach, 32 Virginia on October 23, 1989 33 RCP/ccm 34 09/29/89 VV A I Kil@ THIS 19 TO CERTIFY THAT 1. ON MAR. 19, 1986 supivayao THE rMOPgRTY SHOWN ON THIS PLAT, AND THAT THC TITLC LINES AND THE WAUA OF Tmg BUIL04NOS ARE SHOWN ON THIN PLAT, THC NUILDINGS STAND STRICTLY WITHI)4 THK TITLX UNCS AND THRRZ ARK NO ENCROACHMENTS 00t VISIBLE CASKMENTS. ZXCKFT As SH-M. womeo LAT:T' 26,iF ye, e@ 7,- A"414/ .0,2, 7@ 1919; 71 7 PHYSICAL SURVEY OF LOT 11 & EASTERN 1/2 OF LOT 13, BLK. 7, CAPE HENRY, SECTION E VIRGINIA BEACH, VA. FOR THOMAS R. WATKINS & JEAN F. W@TKINS SCALE: 1" - 30' MAR. 19, 1986 NOTE: FOR PLAT SEE M.B.1,PG.8b ma G!Z H.U@o. FLOOD ALTON M. B@R @ @@. P-C VIRGINIA NEACH. VA. vv 0 0 -7-S -7@ El 110 IL 0 Ix 14 - item IV-F.2. RESOLUTION/ORDINANCE ITEM # 31908 B.H. "Pat" Bridges, Jr., 557 Long Leaf Road, Chairman of the City's Appearance Task Force, spoke in support of the Ordinance Robert Loher, Director of Permits and Inspections, advised the Ordinance would require permits for any fence forty-eight inches or greater in height. Robert Loher advised a record of all modifications would be kept should City Council desire. If the workload could not be accommodated with the existing manpower, a statistical sampling could be used for inspection purposes. The $15.00 cost would offset a significant portion of the enforcement efforts. Councilman Moss referenced lines 48 - 51 of said Ordinance and advised this was a broad discretionary granting of authority. How would the City Council know if there was equal enforcement of these modifications. The City Council is responsible for oversight of said Ordinances. Councilman Moss inquired as to the type of file which would catalog the modifications and might be open for public inspection. Councilman Moss inquired would this $15.00 permit fee generate revenue. The cost of what this fee will accomplish should be identified. Councilman Baum requested agricultural fencing, with the assistance of the Department of Agriculture, be reviewed. Landscape type fencing also might be exempted from the Agriculture section. Councilwoman Parker believed Council's concern was more oriented toward the fencing adjacent to roadways. A MOTION was made by Councilman Balko, seconded by Councilwoman McClanan to ADOPT an Ordinance to AMEND the Code of the City of Virginia Beach, Virginia, by the ADDITION of a new Section 8-11 re requirements for fences and walls. This Ordinance shall be for a two-year trial period at which time City Council will review same. Upon SUBSTITUTE MOTION by Councilwoman Henley, seconded by Councilman Heischober, City Council DEFERRED: Ordinance to A M D the Code of the City of Virginia Beach, Virginia, by the ADDITION of a new Section 8-11 re requirements for fences and walls. This Ordinance will be SCHEDULED for a WORKSHOP for further discussion by City Council. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Nancy K. Parker, John L. Perry" and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf "Verbal Aye - 15 - Item IV-G. CONSENT AGENDA ITEM # 31909 Upon motion by Councilman Baum, seconded by Councilman Moss, City Council APPROVED In ONE MOTION ltem5 1, 2, 3, 4, 5, 6a and 6b of the CONSENT AGENDA. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. BaLn, Vice Wayor Robert E. Fentress, Harold Heischober, Barbara M. Fbnley, Reba S. WClanan, John D. Moss, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None C)ouncit Members Absent: Mayor Meyera E. Oberndorf - 16 - Item IV-G.1 CONSENT AGENDA ITEM # 31910 Upon motlon by Councilman Baum, seconded by Cbuncilman Moss, City Council ADOFrED: Resolution requesting the General Assembly to appropriate yearly adequate funding to local governments for the admlnistration of the Chesapeake Bay Preservation Program. Vot 1 ng 10-0 Council %mbers Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Mc)ss, @ncy K. Parker, John L. Perry and William D. Sessofns, Jr. Council Members Voting Nay: None Council Wmbers Absent: Veyor Wyera E. Oberndorf 1 A RESOLUTION OF THE COUNCIL OF THE 2 CITY OF VIRGINIA BEACH, VIRGINIA 3 REQUESTING THE GENERAL ASSEMBLY TO 4 APPROPRIATE YEARLY ADEQUATE FUNDING 5 TO LOCAL GOVERNMENTS FOR THE 6 ADMINISTRATION OF THE CHESAPEAKE BAY 7 PRESERVATION PROGRAM 8 9 10 WHEREAS, the City of Virginia Beach has a strong 11 commitment to envirorlmental quality; 12 WHEREAS, the State of Virginia has passed the Chesapeake 13 Bay Preservation Act to improve the enviroiunent by protecting a 14 unique natural resource; 15 WHEREAS, the implementation of the Chesapeake Bay 16 Preservation Act will impose a costly burden on local goverriments 17 in the areas of planning, engineering, administration and legal 18 affairs; 19 WHEREAS, the only financial assistance that the State of 20 Virginia has made available to local goverrunents is a one-time 21 matching grant in the amount of $10,600.00 from the Council of the 22 Enviroranent; 23 WHEREAS, the operation of the Chesapeake Bay 24 Preservation Program will require yearly recurring expenses for 25 local government to meet this mandated program; 26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF 27 THE CITY OF VIRGINIA BEACH, VIRGINIA: 28 That the Council of the City of Virginia Beach 29 respectfully requests the General Assembly to appropriate yearly 30 adequate funding to local goverrlments for the administration of 31 the requirements of the Chesapeake Bay Preservation Program, so 32 that this state mandated program does not become another financial 33 burden on local goverriments. 34 AND BE IT FURTHER RESOLVED, that this resolution be 35 presented to the Governor of Virginia, the Senators and Delegates 36 representing the City of Virginia Beach, the Secretary of Natural 37 Resources, the Chairman of the Chesapeake Bay Local Assistance 38 Board and each local government affected by the Chesapeake Bay 39 Preservation Act. 40 Adopted by the City Council of the City of Virginia 41 Beach, Virginia on the 23 day f October , 1989. 42 43 44 DSH/awi 45 10/4/89 46 CA88-2982 47 Chesap.Res 48 2 - 17 - Item IV-G.2 CONSENT AGENDA ITEM # 31911 Upon motion by Councilman Baum, seconded by Councilman Voss, City Council ADOFrED: Ordinance to AMEND and REORDAIN Section 23-48 of the Code of the City of Virginia Beach, Virginia, re open storage of junk. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. BaLim, Vice Wayor Robert E. Fentress, Harold Heischober, Barbara M. Fienley, Reba S. McClanan, John D. Mc>ss, Nbncy K. Parker, John L. Perry and Wlillam D. Sessoms, Jr. Council Vembers Voting Nay: None Council Members Absent: Mayor Nbyera E. Oberndorf 0 CONTENTS SIGNATURE DEPARTMENT APPROVED AS TO LEGAL AN ORDINANCE TO AMEND AND REORDAIN SECTION 23-48 OF THE CODE OF THE CITY OF VIRGINIA 4 BEACH, VIRGINIA, PERTAINING TO 5 OPEN STORAGE OF JUNK. 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 7 BEACH, VIRGINIA: 8 That Section 23-48 of the Code of the City of Virginia Beach, 9 Virginia, is hereby amended and reordained to read as follows: 10 Section 23-48. Open storage of rusted, junked, etc., machinery, 11 equipment, etc. 12 (a) It shall be unlawful for any person to place or leave, 13 on any property in the city, any dilapidated furniture, appliance, 14 machinery, equipment, building material or other item, which is 15 either in a wholly or partially rusted, wrecked, junked, 16 dismantled or inoperative condition and which is not completely 17 enclosed within a building of dwe!3:ing. Any such item which 18 remains on the property ef any eeeepa@ for a period of ten (10) 19 days after notice of violation of this section is given to the 20 owner of such property shall be presumed to be abandoned and 21 subject to being removed from the property by the city or its 22 agents without further notice. In the event any such item is so 23 removed, the cost of removal shall be charged to the owner of the 24 property. Any such charge which is not paid within thirty (30) 25 days of the date on which it is billed to the owner shall 26 constitute a lien upon the property and may be collected in any 27 manner provided by law for the collection of taxes. 28 (b) This section shall not apply to any licensed junk 29 dealers or establishments engaged in the repair, rebuilding, 30 reconditioning or salvaging of equipment. 31 (c) A violation of this section shall constitute a Class 1 32 misdemeanor. In addition to any other remedy provided herein, the 33 housing code administrator may institute legal action to enjoin 34 the continuing violation of this section. 35 isions of this section shall not apply to any 36 parce 1 of land qreater than one acre in size which is located in 37 an aqricultural zoninq district and used principally for 38 agricultural or horticultu 39 Adopted by the city Council of the city of Virginia Beach, 40 virginia, on the 23 day of October 1989. 41 wmm/ccm 42 10/10/89 43 CA-89-3502 44 \ordin\proposed\23-048.pro 2 Item IV-G.3 CONSENT AGENDA ITEM # 31912 Upon motion by Councilman Baum, seconded by Councilman Moss, City Council ADOFrED: Ordinance to AMEND and REORDAIN Section 23-50.1 of the Code of the City ot Virginia Beach, Virginia, re the removal of diseased, etc., trees. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. BaLrn, Vice %yor Robert E. Fentress, Harold Fleischober, Barbara M. Henley, Reba S. McCianan, John D. Moss, Nancy K. Parker, John L. Perry and William D. Sessorns, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf IIGNATURE I)EPAPTMENT APPROVED AS TO LEGAL AN ORDINANCE TO AMEND AND REORDAIN SECTION 23-50.1 OF THE 3 CODE OF THE CITY OF VIRGINIA 4 BEACH, VIRGINIA, PERTAINING TO 5 THE REMOVAL OF DISEASED, ETC., 6 TREES. 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 That Section 23-50.1 of the Code of the City of Virginia 10 Beach, Virginia, is hereby amended and reordained to read as 11 follows: 12 Section 23-50.1. Removal of certain trees. 13 (a) Upon determination by the housing code administrator or 14 the city arborist, or the officers or employees of their 15 respective departments, that there exists upon any land or 16 premises within the city any tree which, by reason of disease, 17 death, injury, infirmity or other condition, presents a danger to 18 property or to the health and safety of persons or other trees or 19 vegetation, notice shall be served upon the owner of such land or 20 premises or his agent or upon the occupant thereof to cause such 21 tree to be removed within a reasonable period of time, not less 22 than seven (7) days nor more than thirty (30) days, specified in 23 such notice. If the danger presented by such tree may be 24 eliminated by the removal of a portion of such tree, the notice 25 shall specify the portion or portions of the tree to be so 26 removed. For purposes of this section, the term "treell shall be 27 construed to include the plural of the term. 28 (b) Service of the notice provided for herein shall be 29 personal service or by certified or registered mail. In the event 30 the land or premises are vacant and the owner thereof or his agent 31 cannot be found by the exercise of due diligence, such notice 32 shall be given by certified or registered mail to the last-known 33 residence or post office box address of the owner and, in addition 34 thereto, shall be posted in a conspicuous place upon the premises. 35 Service of such notice upon one owner or occupant in any manner 36 provided for herein shall be sufficient in the event such land or 37 premises are owned or occupied jointly. 38 (c) Failure to comply with the terms of a notice issued and 39 served as provided in this section within the time prescribed by 40 such notice shall be punishable as a Class 4 misdemeanor, and each 41 day thereafter that the violation continues shall constitute a 42 separate offense. In addition to any fine imposed hereunder, the 43 housing code administrator may, in the name of the city, institute 44 legal action to enjoin the continuing violation of this section 45 and may remove or contract for the removal of any such tree or 46 portion thereof, in which event the cost of such removal shall be 47 charged to the person or persons named in the notice and collected 48 by action at law or as delinquent real estate taxes are collected, 49 or both. The remedies provided for herein shall be cumulative in 50 nature. 51 (d) The provisions of this section shall not apply to any 52 parcel of land greater than one acre in size which is located in 53 an agricultural zoning district and used principally for 54 agricultural or horticultural purposes. 55 Adopted by the City Council of the City of Virginia Beach, 56 Virginia, on the 23 day of October 1989. 57 wmm/ccm 58 CA-89-3503 59 10/10/89 60 \ordin\proposed\23-050-i.pro 2 - 19 - Item IV-G.4 CONSENT AGENDA ITEM # 31913 Upon motion by Councilman Baum, seconded by Councilman Moss, City Council ADOFFED, upon SECOND READING: Ordinance to APPROPRIATE $206,049 to the Department of General Services for associated costs. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. BaLin, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Wss, @ncy K. Parker, John L. Perry and William D. Sessorns, Jr. Council Members Voting Nay: None Oouncil Members Absent: Mayor Meyera E. Oberndorf I AN ORDINANCE TO AUTHORIZE THE CITY MMAGER TO ENTER 2 INTO A LEASE AG FOR THE WORK E 3 CORRECTION CMQTER ANNEX AND APPROPRIATE $206,049 4 TO THL? DEPARTMENT OF GENERAL SERVICES FOR ASSOCIATED COSTS 5 WHEREAS, the Sherif f and the City have entered into an 6 agreement that the City shall provide a facility to house minimura 7 security irmates and the Sherif f shall pay f or the rent of the 8 facility; 9 the City has negotiated a ten-year lease agreement 10 with the owner of Princess Anne Executive Park for a minimum 11 security facility; 12 the Sheriff agrees to house in the leased facility 13 the Work Release Program inmates, and shall pay over to the City 14 all proceeds collected from the irmates for the cost of their keep; 15 WHEREAS, the Sheriff has further agreed to accept prisoners 16 of the United States goverrment to the degree that the fees paid 17 to the Sheriff for housing of these federal inraates shall meet or 18 exceed the annual rent of the leased facility, and shall pay over 19 to the City all of those collected funds, irrespective of the 20 actual number of housed prisoners; 21 WHEREAS, the first year's cost of the facility including one- 22 time expenditures is estimated at $206,049 funded by increased 23 revenues from the Work Release Program and the Federal Inmate 24 Housing Program. 25 NOW, RE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 26 VIRGINAL BFACH, VIRGINIA, that the City Manager be authorized to 27 enter into a ten-year lease agreement for the Work Release 28 Correction Center Annex at Princess Anne Executive Park consistent 29 with the agreement with the Sheriff; 30 BE IT FURTHER ORDAINED that funds in the amount of $206,049 1 be appropriated to the General Services Department for the first 2 year' s lease payment and one-time construction and equipment costs, 3 with a corresponding increase in estiraated revenues. 34 This ordinance shall be in ef fect from the date of its 35 adoption. 36 Adopted by the Council of the City of Virginia Beach, Virginia 37 on the 23 day of October , 1989. 38 First Reading: October 2. 1989 39 Second Reading: October 23, 1989 AF,'r,'O@IED AS TO - 20 - Item IV-G.5 CONSENT AGENDA ITEM # 31914 Upon motion by Councilman Baum, seconded by Councilman MC)SS, City Council ADOPTED, upon SECOND READING: Ordinance to APPROPRIATE $512,873 to the Sheriff's Department for the Work Release Correction Canter Annex, offset by $475,898 of Increased revenues. Vot i ng 10-0 Counci I Wmbers Voting Aye: Albert W. Balko, John A. BaLrn, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. MDss, Nbncy K. Parker, John L. Perry and William D. Sessoms, Jr. Council %mbers Voting Nay: Nc)ne Council %mbers Absent: Payor Nbyera E. Oberndorf 1 AN ORDINANCE TO APPROPRIATE $512,873 TO THE SHERIFF'S 2 DEPARTMENT FOR.THE WORK RELEASE CORRECTION CENTER ANNEX 3 OFFSET BY $475,898 OF INCREASED S AND THE TRANSFER OF 4 $36,975 FROM GEN FUND RESERVES, AND TO AUTHORIZE 5\ TWENTY-FIVE ADDITIONAL DEPUTY POSITIONS APPROVED BY THE STATE 6 WHEREAS, the State Compensation Board has authorized twenty- 7 f ive additional deputy positions for the Work Release Correction 8 Center Annex for the Sheriff's Department; 9 WHEREAS, total costs for the facility in salaries, fringe 10 benefits, furniture, medical care, equipment and supplies are 11 $512,873; 12 WHEREAS, of the total $512,873 needed, $371,344 will be funded 13 through salary reimbursements from the Commonwealth, $104,554 from 14 increased revenues from the Work Release Program and Federal Inmate 15 Housing Program, and the transfer of $36,975 from General Fund 16 Reserve for Contingencies; 17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 18 VIRGINIA BFACH, VIRGINIA that twenty-five additional deputy 19 positions granted by the Compensation Board be approved and 20 $512,873 be appropriated to the Sheriff's Department; 21 BE IT FURTHER OPDAINED that estimated revenues from the State 22 in the form of salary reimbursements be increased by $371,344 and 23 the Work Release Program and Federal Inmate Housing Program be 24 increased by $104,554; 25 BE IT FURTHER ORDAINED that funds in the amount of $36,975 be 26 transferred from General Fund Reserves to the Sheriff's Department 27 for the City's portion of fringe benefits for the deputy positions; 28 This ordinance shall be in effect from the date of its 29 adoption. 30 Adopted by the Council of the City of vir a Beach, Virginia 31 on the 23 day of October 1989. 32 First Reading: October 2, 1989 33 Second Reading: October 23, 1989 LEGIAL S@ - 21 - Item IV-G.6.a. CONSENT AGENDA ITEM # 31915 Upon motion by Cbuncilman Baum, seconded by Councilman Moss, City Council ADOPTED: Ordinance appointing viewers In the petition of: The Runnymede Corporation for the closure of a portion of Race Street (Lynnhaven Borough); Councilwoman fkCIanan, as a part of the record, advised the Viewers to be very sure the Closure of Race Street does not initiate more traffic on the residential South Boulevard. The Viewers are: David Grochmal Director of General Services C. Oral Lambert Director of Public Works Robert Scott Director of Planning Voting-. 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baun, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Flenley, Reba S. McC[anan, John D. Nbss, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Cc)uncil Members Voting Nay: rbne Council Vembers Absent: Mayor Meyera E. Oberndorf ORDINANCE APPOINTING VIEWERS 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 23rd day of October, 1989, 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: TIIAT- C. Oral LambLrt, Tr- Rob,-rt gentt, and Dayi Grc)chmal 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 particulary described as follows: Race Street beginning at a point on the Northwest corner of Race Street and South Boulevard thence south 88 degrees 14' 00" East G6.07 feet to a point being the northeast corner of the intersection of Race Street and South Boulevard thence North 4 degrees 241 13" east 453.69 feet to a point being the southeast corner of the intersection of Fourth Street and Race Street thence south 87 degrees 161 52' east 140 feet to a point thence North 4 degrees 24' 13" east 50.02 feet to a point thence North 87 degrees 16' 52" West 140 feet to a point being the Northeast corner of the intersection of Race and Fourth Streets thence North 4 degrees 241 13" East 399.28 feet to a point thence North 74 degrees 211 07" West 45.50 feet to a point tbence North 60 degrees 411 43" West 23.57 feet to a point thence South 4 degrees 241 1311 west 420.02 feet to a point being the Northwest corner of the intersection of Fourth Street and Race Street thence North 87 degrees 161 521 West 280.00 feet to a point thence South 4 degrees 241 131 West 50.02 feet to a point thence South 87 degrees 161 521 east 280 Race and Fourth Streets thence South 4 degrees 24' 13' West 454.79 feet to a point being tbe point of beginning (Portion to be vacated as designated is 81,191 square feet of Race and Fourth Streets). All the above as shown upon that certain plat entitled, "Street Closure of Portions of Race Street and fourth Street" 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: October 23, 1989 AppRoVED AS T(J LEGAL SUFFICIENCY IN THE MATTER OF CLOSIMG, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET, KNOWN AS RACE STREET AND FOURTH STREETS, AS SHOWN UPON THAT CERTAIN PLAT ENTITLED "STREET CLOSURE OF PORTIONS OF RACE STREET AND FOURTH STREET' - VIRGINIA BEACH - VIRGINIA BEACH, VIRGINIA', WHICH PLAT IS ATTACHED HERETO. PETITION TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGIMIA Your Petitioner, The Runnymede Corporation, respectfully represent as follows: 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: Race Street beginning at a point on the Northwest corner of Race Street and South Boulevard thence south 88 degrees 141 00" East 66.07 feet to a point being the northeast corner of the intersection of Race Street and South Boulevard thence North 4 degrees 241 13" east 453.69 feet to a point being the southeast corner of the intersection of Fourth Street and Race Street thence south 87 degrees 16' 52" east 140 feet to a point thence North 4 degrees 241 13" east 50.02 feet to a point thence North 87 degrees 161 520 West 140 feet to a point being the Northeast corner of the intersection of Race and Fourth Stkeets @thence North 4 degrees 241 13' East 399.28 feet to a point thence North 74 degrees 211 07' West 45.50 feet to a point thence North 60 degrees 41' 43" West 23.57 feet to a point thence South 4 degrees 241 13" West 420.02 feet to a point being the Northwest corner of the intersection of Fourth Street and Race Street thence North 87 degrees 161 521 West 280.00 feet to a point thence South 4 degrees 241 13" West 50.02 feet to a point thence South 87 degrees 16' 52" east 280 feet to a point being the Southwest intersection of Race and Fourth Streets thence South 4 degrees 241 1311 West 454.79 feet to a point being the point of beginning (Portion to be vacated as designated is 81,191 square feet of Race and Fourth Streets). Said parcel of land being a portion of Race Street and Fourth Street, as indicated on that certain plat entitled "Street Closure of Portions of Race Street and Fourth Street' - 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 Petition prays that tbis flonorable 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 tbe 14th day of November, 1989, as to whether in the opinion of said Viewers, what inconvenience, if any, would result from the discontinuance and closing of this portion of said street, as herein reported an described. 3. That on the 21st day of September, 1989 and on the day of 28th, 1989, notice of the presenting of this application was published in the Beacon, 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 Petitioner herein, The Runnymde Corporation and Jack Aspinwall, Jack Rabbit Storage, Race Street, Virginia Beach, Virginia 23451. Respectfully submitted, RPORATION Peter McBride FINE, FINE, LEGUM & FINE POST ORFICE BOX 61549 VIRGINIA BEACH, VIRGINIA 23462 (804) 490-4545 NOTICE PLEASE TAKE NOTICE, that at the meeting of the City Council of the City of Virginia Beach, Virginia, to be held on the 23rd day of October, 1989, 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: Race Street beginning at a point on the Northwest corner of Race Street and South Boulevard thence south 88 degrees 141 00' East 66.07 feet to a point being the northeast corner of the intersection of Race Street and South Boulevard thence North 4 degrees 241 131 east 453.69 feet to a point being the southeast corner of the intersection of Fourth Street and Race Street thence south 87 degrees 161 5211 east 140 feet to a point thence North 4 degrees 241 131 east 50.02 feet to a point thence North 87 degrees 16'.52" West 140 feet to a point being the Northeast corner of the intersection of Race and Fourth Streets thence North 4 degrees 241 13' East 399.28 feet to a point thence North 74 degrees 211 07' West 45.50 feet to a point thence North 60 degrees 411 43" West 23.57 feet to a point thence South 4 degrees 241 1311 West 420.02 feet to a point being the blorthwest corner of the intersection of Fourth Street and Race Street tbence North 87 degrees 161 52" West 280.00 feet to a point thence South 4 degrees 241 13" West 50.02 feet to a point thence South 87 degrees 16' 52" east 280 feet to a point being the Southwest intersection of Race and Fourth Streets thence South 4 degrees 241 13" West 454.79 feet to a point being the point of beginning (Portion to be vacated as designated is 81,191 square feet of Race and Fourth Streets). All the above, as shown upon that certain plat entitled 'Plat Showing Street Closure of Portions of Race Street & Fourth Street' - Virgina Beach Borough - Virginia Beach, Virginia, made by Miller-Stephenson & Associates, P.C., dated August 31, 1989. At that time, anyone affected may appear and present his views. LEGAL DESCRIPTION Race Street beginning at a point on tbe Northwest corner of Race Street and Soutb Boulevard thence south 88 degrees 141 0011 East 66.07 feet to a point being the northeast corner of the intersection of Race Street and South Boulevard thence North 4 degrees 241 13" east 453.69 feet to a point being the southeast corner of the intersection of Fourth Street and Race Street thence south 87 degrees 161 52" east 140 feet to a point thence North 4 degrees 241 13" east 50.02 feet to a point thence North 87,degrees 161 52' West 140 feet to a point being the Northeast corner of the intersection of Race and Fourth Streets thence North 4 degrees 241 131 East 399.28 feet to a point thence North 74 degrees 211 07" West 45.50 feet to a point thence North 60 degrees 411 431 West 23.57 feet to a point thence South 4 degrees 241 13" West 420.02 feet to a point being tbe Northwest corner of the intersection of Fourtb Street and Race Street thence North 87 degrees 161 52' West 280.00 feet to a point thence Soutb 4 degrees 241 131 West 50.02 feet to a point thence South 87 degrees 161 52" east 280 feet to a point being the Southwest intersection of Race and Foutth Streets thence South 4 degrees 241 1311 West 454.79 feet to a point being the point of beginning (Portion to be vacated as designated is 81,191 square feet of Race and Fourth Streets). 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 Cypress Road in the City of Virginia Beach, Virginia, described above. TIIE RUNNYME-DE CORPORATION B Peter McBride, Esq. FINE, FINE, LEGUM & FINE Post Office Box 61549 Virginia Beach, Virginia 23462 FINE, rA INE, TEGUM & FINE' PItOPFSS@O.@l, A@OCIATION A@ORNEYS A@ L@W ...... .... ... I.... I.I@HONE: 1..11 1.0-@@41 ..... .... . ...... .... 61, ..... ... . ... @l. N. CERTIFICATE OF VESTING OF TITLE I, Peter @IcBride, attorney for The Runnymede Corporation do hereby certify that: 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, then title to said property will vest in.The Runnymede Corporation, and Jack AsT)inwall, the adjacent property owners. The said property referred to herein is hereby described as follows: Race Street beginning at a point on the Northwest corner of Race Street and South Boulevard thence south 88 degrees 141 00" East 66.07 feet to a point being the northeast corner of tbe intersection of Race Street and South Boulevard thence North 4 degrees 241 1311 east 453.69 feet to a point being the southeast corner of the intersection of Fourth Street and Race Street thence south 67 degrees 161 52" east 140 foet to a point thence North 4 degrees 241 13" east 50.02 feet to a point thence North 87 degrees 161 52" west 140 feet to a point being the Northeast corner of the intersection of Race and Fourth Streets thence North 4 degrees 241 13" East 399.28 feet to a point thence North 74 degrees 211 07" West 45.50 feet to a point thence North 60 degrees 411 4311 West 23.57 feet to a point thence South 4 degrees 24' 13" West 420.02 feet to a point being the 14orthwest corner of tlie intersection of Fourth Street and Race Street thence North 87 degrees 161 5211 West 280.00 feet to a point thence South 4 degrees 24' 13" west 50.02 feet to a point thence South 87 degrees 161 521 east 280 feet to a point being the Southwest intersection of Race and Fourth Streets thence South 4 degrees 241 13" West 454.79 feet to a point being the point of beginning (Portion to be vacated as designated is 81,191 square feet of Race and Fourth Street8). FINE, FINE, LEGUM & FINE By Peter McBride ORDINANCE NO. IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET, KNOWN AS RACE STREET AND FOURTH STREETS, AS SHOWN UPON THAT CERTAIN TLED 'STREET CLOSURE OF PORTIONS OF RACE STREET PLAT ENTI AND FOURTH STREET' - VIRGINIA BEACH - VIRGINIA BEACH, VIRGINIA", WHICH PLAT IS ATTACHED HERETO. WHEREAS, it appearing by affidavit that proper notice has been given by The Runnymede Corporation, that they would make application to the Council of the City of Virginia Beach, Virginia, on November 14, 1989, to have the hereinafter @escribed street discontinued, closed, and vacated; and WHEREAS, it is the judgment of the Council that said street be discontinued, closed, and vacated; NO@q, THEREFORE, SECTION I BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia, that the hereinafter described street by discontinued, closed and facated: Portion to be vacated is designated as 81,191 square feet of Race and Fourth Streets. Said parcel of land designated as 'Street Closure of Portions of Race Street and Fourth Street" - Virginia Beach Virginia, Virginia', as indicated on that certain plat of property in Virginia Beach, virginia, which plat is to be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, upon adoption of this ordinance, and is made a part hereof by reference. SECTION II A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the City of Virginia Beach as Grantor. Adopted: GPIN #1487-52-7531 Stcite of,,Virginia AFFIDAVIT City of Norfolk personally This day appeared before me and after b.eing duly sworn made octh that: (1) (He) (She) is affidc,,it clerk of k Communications, Inc., in the cities of Norfolk, Portsmouth a newspaper published by Landmar Chesapeake, Stiffolk and Virginia Beach, State of Virginia; (2) That the. advertisement hereto onnexed of CE STREE in said newspaper on the following d Subscribed and sworn to before me in my city and state aforesaid this 3rd day of My commission expires 19 Notary Public NOTFC@: PLEASE T KE NOTICE, W, t c@ Vi, @c. hi. tle, V14 19@4 37 :3,.Zg.91.19 s A..ZI,91.Lg S - 22 - Itetn IV-G.6.b. CONSENT AGENDA ITEM # 31916 Upon motion by Counci Iman Baum, seconded by C)ounci Iman Moss, City Counci I ADOFITED: Ordinance appointing viewers In the petition of: Vintage Investment Corporation for the closure of a portion of Cypress Road (Virginia Beach Borough). The Viewers are: David Grochmal Director of General Services C. Oral Lambert Director of Public Works Robert Scott Director of Plannfng Vot I ng 10-0 Council Members Voting Aye: Albert W. Balko, John A. BaLtn, Vice Wayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Nbncy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Vembers Voting Nay: None Council Members Absent: Nbyor Wyera E. Oberndorf ORDINANCE APPOINTING VIEWERS WHEREAS, Vintage Investment Corporation, has given due and proper notice, in accordance with the statutes for such caseb made and provided that they will on the 23rd day of October, 1989, 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 C. Oral Lambert, Jr. Robert Scott and David Grochmal 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 particulary described as follows: Cypress Road beginning at a point on the South Side of 21st Street 91.17 feet west of the southwest corner of the intersection of 21st Street and Cypr'ess Avenue thence South 83 degrees 38' 29" West a distance of 32.70 feet to a point on the Southern side of 21st Street thence South 26 degrees 201 00" East a distance of 287.06 feet to a point thence North 62 degrees 55' 08" East a distance of 28.76 feet to a point on the West side of Cypress Avenue thence North 25 degrees 551 191 West a distance of 275.52 feet to a point on the South side of 21st Street to point of beginning (Portion to be vacated is designated is 8371.84 square feet of Cypress Road). All the above as shown upon that certain plat entitled, "Street Closure Plat of Portion of Cypress Road - 30' Rigbt of Way' as shown on 'Cypress Terrace' - Virginia Beach Borough - Virginia Beach, virginia, which plat is attached hereto and made a part hereof and intended to be recorded with the ordinance closing the aforedescribed street. Adopted: October 23, 1989 APPROVED AS TO LEGAL SUFFICIENCY NOTICE PLEASE TAKE NOTICE, that at the meeting of the City Council of the City ot Virginia Beach, Virginia, to be held on the 23rd day of October, 1989, 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 -described portion of that certain Viewers to view the below 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: Cypress Road beginning at a point on the South Side of 21st Street 91.17 feet west of the southwest corner of the intersection of 21st Street and Cypress Avenue thence South 83 degrees 381 29" West a distance of 32.70 feet to a point on the Southern side of 21st Street thence South 26 degrees 201 00" East a distance of 287.06 feet to a point thence North 62 degrees 551 081 East a distance of 28.76 feet to a point on the West side of Cypress Avenue thence North 25 degrees 551 19" West a distance of 275.52 feet to a point on the South side of 21st Street to point of beginning (Portion to be vacated is designated is 8371.84 square feet of Cypress Road). All the above, as shown upon that certain plat entitled 'Street Closure Plat of Portion of Cypress Road - 301 Right of Way' as shown on 'Cypress Terrace' - Virgina Beach Borough - Virginia Beach, Virginia, made by Gallup Surveyors & Engineers, Ltd., dated July 17, 1989. 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 Cypress Road in the City of Virginia Beach, Virginia, described above. VINTAGE INVESTMENT CORPORATION B" I/ -@f co-un-se'r - Peter McBride, Esq. FINE, FINE, LEGUM & FINE Post Office Box 61549 Virginia Beach, Virginia 23462 i I I I IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET, XNOWN AS CYPRESS ROAD, AS SHOWN UPON THAT CERTAIN PLAT ENTITLED 'STREET CLOSURE PLAT OF PORTION OF CYPRESS ROAD - 30' RIGHT OF WAY' AS SHOWN ON 'CYPRESS TERRACE' - VIRGINIA BEACH BOROUGH - VIRGINIA BEACH, VIRGINIA', WHICH PLAT IS ATTACHED HERETO. PETITION TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Your Petitioner, Vintage Investment Corporation, respectfully represent as follows: 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: Cypress Road beginning at a point on the South Side of 21st Street 91.17 feet west of the southwest corner of the intersection of 21st Street and Cypress Avenue thence South 83 degrees 381 29" West a distance of 32.70 feet to a point on the Southern side of 21st Street thence South 26 de@rees 201 00" East a distance of 287.06 feet to a point thence North 62 degrees 551 081 East a distance of 28.76 feet to a point on the West side of Cypress Avenue thence North 25 degrees 551 191 West a distance of 275.52 feet to a point on the South side of 21st Street to poirit of beginning (Portion to be vacated is designated is 8371.84 square feet of Cypress Road). Said parcel of land being a portion of Cypress Roael, as indicated on that certain plat entitlea 'Street Closure Plat of Portion of Cypress Road - 301 right of way' as shown o.n "Cypress Terrace"- Virginia Beach Borough - Virginia Beach, Virginia", which plat is attached hereto and made a part hereof and intended to be recorded with the Ordinance closing the aforedescribed street. 2. That no inconvenience will result to any persons by reason of said closing, vacation, and discontinuance of said street; and the Petition 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 14th day of November, 1989, as to whether in the opinion of said Viewers, what inconvenience, if any, would result from the discontinuance and closing of this portion of said street, as herein reported an described. 3. That on the 21st day of September, 1989 and on the day of 28th, 1989, notice of the presenting of this application was published in the Beacon, a newspaper of general circulation in the City of Virginia Beach, Virginia. 4. That tbe fee simple owners of all land along and adjacent to and affected by said portion of the platted street are your Petitioner herein, Vintage Investment Corporation, and Pavilion Associates, L.P., 21st Street and Park Avc!rluer Virginia Beach, Virginia 23451. Respectfully submitted, STMENT CORPORATION Bv Peter McBride FINE, FINE, LEGUM & FINE POST OFFICE BOX 61549 VIRGINIA BEACH, VIRGINIA 23462 (804) 490-4545 ORDINANCE NO. IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET OF VARIABLE WIDTH, KNOWN AS CYPRESS ROAD, AS SHOWN UPON THAT CERTAIN PLAT ENTITLED "STREET CLOSURE PLAT OF PORTION OF CYPRESS ROAD 301 RIGHT OF WAY' AS SHOWN ON 'CYPRESS TERRACE' VIRGINIA BEACH BOROUGH - VIRGINIA BEACH, VIRGINIA', WHICH PLAT IS ATTACHED HERETO. ice has been WHEREAS, it appearing'by affidavit tbat proper not given by Vintage Investment Corporation, that they would make application to the Council of the City of Virginia Beach, Virginia, on November 14, 1989, 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, THEREFBRE, SECTION I BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia, that the hereinafter described street by discontinued, closed and facated: Portion to be vacated is designated as 8371.84 square feet of Cypress Road. Said parcel of land designated as "Street Closure Plat of Portion of Cypress Road - 30' right of way" as shown on 'Cypress Terrace' - Virginia Beach Borough - Virginia Beach, Virginia", as indicated on that certain plat of property in Virginia Beach, Virginia, which plat is to be recorded iTi 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. SECTION II A certified copy of this Ordinance shall be filed in the Clerk's Office 6f the Circuit court of the City of Virginia Beach, Virginia, and indexed in the name of the City Of. Virginia Beach as Grantor. Adopted: GPIN #2417-87-9792 I I FINE, FINE', LEGUM & FINE @.O@@STONAL @S@IATION A@OU@-S AT @W ......... IEL"HONE: I ... 11.0..Il. ...... .... . ........ 1..11 61 1 .8391 .. . ... 1. L. ....... CERTIFICATE OF VESTING OF TITLE I, Peter McBride, attorney for Vintage Investment Corporation do hereby certify that: 1. I am an attorney at law and represent Vintage Investment Corporation, the petitioner. 2. If the property described below is discontinued, closed and vacated by tbe Council of the City of Virginia Beacb, then title to said property will vest in Vintage Investment Corpora l@n, and Pavillion AssociatgLs, L.P., the adjacent property owners or holder of the underlying fee in said property. The said property referred to herein is hereby described as follows: Cypress Road beginning at a point on the South Side of 21st Street 91.17 feet west of the southwest corner of the intersection of 21st Street and Cypress Avenue thence South 83 degrees 381 29" West a distance of 32.70 feet to a point on the Southern side of 21st Street thence South 26 degrees 201 00" East a distance of 287.06 feet to a point thence North 62 degrees 551 08' East a distance of 28.76 feet to a point on the West side of Cypress Avenue thence North 25 degrees 551 191 West a distance of 275.52 feet to a point on the South side of 21st Street to point of beginning (Portion to be vacated is designated is 8371.84 square feet of Cypress Road). FINE, FINE, LEGUM & FINE E @Pe@'McBr-ide VINTAGE INVESTMENT CORPORATION Bv - Peter McBride, Esq. 17 --@f Cou-ns-eY- FINE, FINE, LEGUM & FINE Post Office Box 61549 Virginia Beach, Virginia 23462 State of Virginia to-.it: AFFIDAVIT City of Norfolk This day MARCIA WUNDERLE personally appeared before me and after being duly sworn made ooth that: (1) (He) (She) is affidavit clerk 'of THE VIRGINIAN PILOT AND LEDGER STAR a newspaper published by Landmark Communications, Inc., in the cities of Norfolk, Portsmouth, Chesapeake, SLiffolk and Virginia Beach, State of Virginia; (2) That th@ advertisement hereto annexed of STREET CLOSE/CYPRESS -- has been published in said newspaper cn the following dates: 9.@ 92 19 so Aff ia@t Subscribed and sworn to before me in my city and state aforesaid this 3rd day of OCTOBER 19 89 My commission expires MY Commission Expi,es May 2C). 1991- i 9 Notary Public CYPRESS AVENUE (60'RIW) S 06- 35' 54" C 260. 00' LO cn 91 03 r ;kz rn rn - 23 - Item IV-H.1/2. PUBLIC HEARING PLANNING ITEM # 31917 Vice Mayor Robert E. Fentress DECLARED a PUBLIC HEARING on: PLANNING 1. PIANNING - RECONSIDERATION (a) LOUIS R. JONES CONDITIONS IN RONALD L. AND HOLLY COZ (1/27/86) 2. PLANNING (a) HOLLOMON-BROWN FUNERAL HOME, CHANGE OF ZONING DISTRICT BAYSIDE CHAPEL, INC./LOUIS R. JONES CLASSIFICATION (b) CHESAPEAKE AND POTOMAC TELEPHONE STREET CLOSURE COMPANY OF VIRGINIA,INC. (c) DOMINION BUILDING CORPORATION STREET CLOSURE (d) THE PRESBYTERIAN LEAGUE CONDITIONAL USE PERMIT OF NORFOLK PRESBYTERY, INC. (e) AUTO SUNROOF AND ACCESSORIES, INC. CONDITIONAL USE PERMIT (f) TRAVIS W. HALSTEAD, JR. & CONDITIONAL USE PERMIT CYD L. HALSTEAD (g) RIVERSIDE INVESTMENT ASSOCIATES, INC. CONDITIONAL USE PERMIT (h) TIDEWATER WESTMINSTER HOMES, INC. CONDITIONAL USE PERMIT (i) RICHARD G. AND TRACEY L. GARNER CONDITIONAL USE PERMIT (j) PACE HOMES, INCORPORATED CONDITIONAL ZONING CLASSIFICATION (k) BOY SCOUTS OF AMERICA AND CHANGE OF ZONING DISTRICR MOORE FARM ASSOCIATES CLASSIFICATION (1) CITY ZONING ORDINANCE AMEND: Article 1, Section 106 (rehearings of variance applications) Section 214 (sign height, setback and landscaping) (m) SITE PLAN ORDINANCE AMEND: Section 7 (variances and appeals related to waiver requests) - 24 - Item IV-H.I.a. PUBLIC HEARING PLANNING ITEM # 31918 Attorney James M. Pickreli, 300 Bank of the Commonwealth Building, Phone: 672- 8365, represented the applicant Honorable Louis R. Jones, the applicant. Upon motion by Councilwoman McClanan, seconded by Councilman Baum, City Council WAIVED Condition Number 5 to DELETE the requirement of a 75 foot buffer area in the Request of LOUIS R. JONES for reconsideration of conditions in the January 27, 1986, approved application of Ronald L. and Holly Hall for a Change of Zoninp District Classification from R-3 Residential District to 0-1 Office District. ORDINANCE UPON APPLICATION OF RONALD L. AND HOLLY HALL FOR A CHANGE OF ZONING FRO@F R-3 TO 0-1 Z01861057 Ordinance upon application of Ronald L. and Holly Hall for a Change of Zoning District Classification from R-3 Residential District to 0-1 Office District on certain property located at the southeast corner of General Booth Boulevard and Princess Anne Road and shown as "Residue Acreage" on that certain plat recorded in Map Book 168, Page 51, in the Clerk's Office of the Circuit Court. Said parcel contains 3.25 acres. PRINCESS ANNE BOROUGH. The approved application was subject to the following conditions: 1. Development shall be in compliance with the Nimmo Church Historical-Cultural District. 2. Any development of the site shall be subject to review by the Historical Review Board. 3. Structural height shall be limited to two (2) stories plus dormer. 4. Landscaping of the site shall exceed n @,teit the City ordinances. ftmt!eytl @i@.tt b@ The 75-foot buffer shall be incorporated into the development proposed for property adjacent to the west. - 25 - Item IV-H.l.a. PUBLIC HEARING PLANNING ITEM # 31918 (Continued) Voting: 10-0 Council Vembers Voting Aye: Albert W. Balko, John A. Baun, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. WClanan, John D. Moss, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Mayor %yera E. Oberndorf Item IV-H.l.a. and IV-H.2.a were voted upon together. - 26 - Item IV-H.2.a. PUBLIC HEARING PLANNING ITEM # 31919 Attorney James M. Pickrell, 300 Bank of the Comonwealth Building, Phone: 672- 8365, represented the applicant Honorable Louis R. Jones, the applicant. Upon motion by Councilwoman McClanan, seconded by Councilman Baum, City Council ADOPTED an Ordinance upon application of HOLLOMAN-BROWN FUNERAL HOME, BAYSIDE CHAPEL., INC./LOUIS R. JONES for a Change of Zoning: ORDINANCE UPON APPLICATION OF HOLLOMAN-BROWN FUNERAL HOME, BAYSIDE CHAPEL, INC./LOUIS R. JONES FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-20 TO 0-2 Z010891266 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Holloman-Brown Funeral Home, Bayside Chapel, Inc./Louis R. Jones for a Change of Zoning District 0-lassification from R-20 Residential District to 0-2 Office District on certain property located on the south side of General Booth Boulevard, 280 feet more or less east of Princess Anne Road. Said parcel contains 34,848 square feet. More detailed information is available in the Department of Planning. PRINCESS ANNE BOROUGH The following conditions shall be required: 1. Development of this parcel must be in accordance with conditions No. I through 4, as attached to the rezoning of the adjoining parcel on January 27, 1986. 2. The City Zoning Ordinance requires a 20-foot buffer and Category IV screening between the office site and the Nimmo United Methodist Church site. Within the required 20-foot yard, existing trees shall be preserved in accordance with Protecting Trees on Development Sites available in the Planning Department and the Landscape Services Division. 3. A final plat vacating the interior lot line shall be recorded with the Clerk of Circuit Court. 4. Turn lanes shall be determined at Site Plan review. 5. Landscaping shall exceed the present City ordinance. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty- third of October, Nineteen Hundred and Eighty-nine, - 27 - Item 111-H.2.a. PUBLIC HEARING PLANNING ITEM # 31919 (Continued) Voting: 10-0 Council Nbmbers Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Hanley, Reba S. McClanan, John D. Moss, Nlancy K. Parker, John L. Perry and William 0. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent; Mayor Meyera E. Oberndorf Item IV-H.l.a. and IV-H.2.a were voted upon together. - 28 - Item IV-H.2. b. PUBLIC HEARING PLANNING ITEM # 31920 Delegate Glenn Croshaw, Phone: 490-6000, represented the applicant Upon motion by Councilman Heischober, seconded by Councilwoman Parker, City Council AUTHORIZED FINAL APPROVAL of an Ordinance upon applicatlon of CHESAPEAKE & POTOMAC TELEPtiONE COMPANY OF VIRGINIA, INC. for the discontinuance, closure and abandonment of a portion of Holly Avenue. Application of Chesapeake & Potomac Telephone Cornpany of Virginia, Inc., for the discontinuance, closure and abandonment of a portion of Holly Avenue beginning at the western boundary of North Great Neck Road and running easterly a distance of 150.47 feet. Said parcel contalns 3773.78 square feet. More detailed information Is available In the Department of Planning. LYNNHAVEN BOROUGH. Voting: 9-0 Council Members Voting Aye: John A. BaLn, Vice Veyor Robert E. Fentress, Harold Heischober, Barbara M. @nley, Reba S. McClanan, John D. MDss, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council %mbers Voting Nay; tbne Council Members Abstaining: Albert W. Balko Council I&mbers Absent: Veyor Meyera E. Oberndorf *C<)uncilman Balko ABSTAINED as he is retired from the Chesapeake & Potomac Telephone Company ORDINANCE NO. IN THE MATTER OF THE CLOSING, VACATING AND DISCONTINUING A PORTION OF TRAT CERTAIN STREET KNOWN AS HOLLY AVENUE, AS SHOWN UPON THAT CERTAIN PLAT ENTITLED "25 FOOT STRIP ADJACENT TO LOT 12 BLOCK O" AS SHOWN AS HOLLY AVENUE ON THE AMENDED MAP OF PROPERTY OF LYNNHAVEN BEACH AND PARK CO., XAP BOOK 3, PAGE 71, LYNNHAVEN BOROUGH, VIRGINIA BEACH, VIRGINIA. WHEREAS, it appearing by affidavit that proper notice has been given by Chesapeake & Potomac Telephone Company of Virginia, Inc., that it would make application to the Council of the City of Virginia Beach, Virginia, on the _day of 1 1988, 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 1 BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia, that the hereinafter described street be discontinuted, closed, and vacated: ALL that certain parcel of land located im- mediately north of the old Norfolk and Southern Railroad right of way and immediately west of Gteat Neck Road and immediately south of lot 12 in Block 0 and immediately east of the southerly prolongation of the line separating the aforesaid lot 12 in Block 0 from lot 11 in Block 0 as shown on the amended map of "Property of Lynnhaven Beach and Park Co.," which map is recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 5 at page 71, and with reference to the abovedescribed amended map of "Property of Lynnhaven Beach and Park Co.," being more IN 1590-20-8096 particularly bounded and described as follows: Beginning at the southeast corner of the above-described lot 12 in Block 0 as shown on the aforesaid amended map of "Property of the Lynnhaven Beach and Park Co.,,, and from said point of beginning running thence south 05 degrees 21 rainutes east along the west right of way line of the aforesaid Great Neck Road, a distance of 25.08 feet to a point located in the aforesaid west right of way line of Great Neck Road and which point is also located in the north boundary line of the old Norfolk and Southern Railroad right of way; thence turning and running south 80 deg@ees 05 minutes west, along the north boundary line of the aforesaid Old Norfolk and Southern Railroad right of way a distance of 150.47 feet to a point located in the north boundary line of the aforesaid old Norfolk and Southern Railroad righ:t of way; thence turning and running north 05 degrees 21 minutes west a distance of 25.08 feet to a point which constitutes the southwest corner of the aforesaid lot 12 in Block 0; thence turning and running north 80 degrees 05 minutes east, along the abovedescribed southern boundary line of lot 12 in Block 0, a distance of 150.47 feet to the point and place of beginning of this description. SAVE AND EXCEPT the Chesapeake and Potomac Telephone Company easement, the Virginia Power Company easement and the 10 foot private utility easement granted to Lot 12, all as shown on the plat and physical survey entitled 11251 Strip Adjacent to Lot 12 Block 0 shown as Holly Avenue on the Amended Map of Property of Lynnhaven Beach & Park Co., Lynnhaven Borough, Virginia Beach, Virginia,,, Scale 1,, = 30 feet dated April 12, 1989, which plat is attached hereto and incorporated herein by reference; and SAVE AND EXCEPT that certain 7 foot utility easement to be dedicated to the City of Virginia Beach (1,053.29 sq. ft.) as shown on the plat entitled "Utility Easement Dedication Plat, Property of Karen Maacks DB 2732 p. 1079, Lynnhaven Borough, Virginia Beach, Virginia, Scale 1" = 20 feet dated June 15, 1989", which plat is also attached hereto and incorporated herein by reference. -2- All of the above described po@tion of Holly Avenue, which is shown on the two plats described hereinabove, is also shown on the map entitled "Amended Map of Property of Lynnhaven Beach Park Co., Lynnhaven Borough, Virginia Beach., Virginia", Scale 111 100 feet, dated 1913", which Amended map is also made a part hereof by reference. SECTION II A certified copy of this Ordinance shall be filed in the Office of the Circuit Court of the City of vi.,rginia Beach, i.ndexed in the name of the City of Virginia Beach, as grantor. SECTION III As a condition of closure of this right-of-way, it is understood and agreed that this property shall be utilized only as a Chesapeake & Potomac Telephone Company of Virginia, Inc., switching station and no other use shall be allowed for the parcel at any time subsequent to the enactment of this 6rdinance. grc/docs/c&p FINAL APPROVAL: October 23, 1989 -3- p'to a I rn L, :b to rIl k. rn rri (A -0 rIt rn co rk rq 25 t -la ct O' rn :o C4 rn rn en -4 rn !t mxv rn r, :0 rl 0 C3 rn rn CA :t M M n u rn N 0 :Omo co ca cr, b. rn b. 0 rri 0 Et) z 0 10 m rn :t 0 tl rIl >< rIl >( z (a GREA T NECK RD. (80'RIW) 3: @ io3 6 Re m91 THIS DEED OF EASEMENT, made this 7th day of August, 1989, by and between Karen W. Maacks, feme sole, party of the first ipart, and the CITY OF VIRGINIA BEACH, a municipal corporation in !the Co-onwealth of Virginia, party of the second part: I WITNESSETH: That for and in consideration of the premises land the benefits accruing or to accrue to the party of the first Ipart, and other good and valuable consideration, the party of the I ,@first part does hereby grant and convey or release with GENERAL ,,IIARRANTY her respective intere@t, in and to the hereinafter i'described perpetual right of way and easement, to the party of he second part, and/or its successors and assigns, to construct, ,reconstruct, alter, operate and maintain a 15 inch sanitary sewer i !line, under, upon and across lands and property of the party of the first part, including the right of ingress and egress to the isame, described as follows: All of that certain 7 foot utility easement located on what was a part_ of I-Iolly Avenue (see amended map of Property of Lynnhaven Beach & Park Co., Lynnhaven Borough, Virginia Beach, Virginia, Scale 1" = 100 feet, dated 1913 and recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 5 at page 71) in the Lynnhaven Beach & Park Co. area of Lynnhaven Borough in the City of Virginia Beach, Virginia and being shown as 7' Utility Easement to be Dedicated to the City of Va. Beach (1,053.29 sq. ft.) on that certain plat entitled "Utility Easement Dedication Plat, Property of Karen Maacks, DB 2732 p. 1079, Lynnhaven Borough, Virginia Beach, virginia, Scale 1" = 20' dated June 15, 1989, a copy of which is attached hereto and incorporated herein by reference. The portion of Holly Avenue aforesaid which is crossed by the abovedescribed 7 foot utility easement as shown on the above described plat is described as follows: All of that certain parcel of land located immediately north of the old Norfolk and Southern Railroad right of way and immediately west of Great Neck Road and immediately south of lot 12 in Block 0 and immediately east of the southerly prolongation of the line separating the aforesaid lot 12 in Block 0 from lot 11 in Block 0 as shown on the amended map of "Property of Lynnhaven Beach and Park Co.," which map is recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 5 at page 71, and with reference to the abovedescribed amended map of "Property of Lynnhaven Beach and Park Co.," being more particularly bounded and described as follows: Beginning at the south- east corner of the abovedescribed lot 12 in Block 0 as shown on the aforesaid amended map of "Property of the Lynnhaven Beach and Park Co.," ang from said point of beginning running thence south 05 21', along the west right of way line of the aforesaid Great Neck Road, a distance of 25.08 feet to a point located in the afore- said west right of way line of Great Neck Road and which point is also located in the north boundary line of the old Norfolk and Southern Railroad right of way; thence turning and running south 800 051 west, along the north boundary line of the aforesaid Norfolk and Southern Railroad right of way a distance of 150.47 feet to a point located in the north boundary line of the afore- said old Norfolk and Southern Railroad right of way; thence turning and running north 050 21' west a distance of 25.08 feet to a point which constitutes the southwest corner of the aforesaid lot 12 in Block 0; thence turning and running north 800 05' east, along the abovedescribed southern boundary line of lot 12 in Block O,, a distance of 150.47 feet to the point and place of beginning of this description. It being a part of the same property acquired by the party of the first part from Cobo Corporation, a Virginia @orporation by deed dated May 9th, 1988 and recorded in deed book 2732 at page 1079 in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia. It is agreed between the parties hereto that the party of the Isecond part and its agents, assigns, and/or successors shall have the right to inspect the said easement and to cut and clean all undergrowth and other obstructions in and along the said foot easement or adjacent thereto that may in any way endanger or interfere with the proper use of same. The said party of the first part covenants that she is seized n fee simple of the said property; that she has the right to convey the abovedescribed easement unto the said party of the I Isecond part; that the party of the second part shall have quiet and peaceable possession of the same, free from all encumbrances; @nd that the party of the first part will execute such further I assurances of title as may be requisite. The party of the first part agrees that the said party of @he second part shall not be liable for any maintenance work whatsoever to the areas encompassed in the abovedescribed easement I bxcept if said party of the second part is required to perform i @xcavation within the easement in order to effectuate maintenance I and/or repair of the 15 inch sanitary sewer line that is dedicated 2 to the City. All other maintenance of the land encompassed by these easements shall be done by the party of the first part and the City shall have no duty or liability to perform any routine maintenance work in this easement other than that work which arises out of maintaining and/or repairing the abovedescribed 15 inch sanitary sewer line. The Owner agrees that when requested by the City, she shall remove any fence(s), structure(s), landscaping or vehicle parking within 48 hours of receipt of written notice requesting such emoval. Except that in an emergency; or fail ur@ to remove after ritten notice; party of the second part will remove, or have @emoved by others, any impediment to access, maintenance or ILperation and party of first part agrees that she is responsible 'tor replacement of said fence(s), structure(s), landscaping or vehicle parking at her sole expense. The party of the first part c6venants and agrees for herself, 1 aer heirs, assigns and successors, that the consideration afore- @imentioned shall be in lieu of any and all claims of compensation C@land damages by reason of the location, construction, reconstruction, alteration or maintenance of said facility. WITNESS the following signature and seal: @on (7@@,S (SEAL) Karen W. Maacks, femb sole STATE OF FLORIDA I CITY OFPC@HJS@ (-obA to-wit: I, DL-@12A 0 AILC:Y a notary public in said for the city and state aforesaid, do hereby certify that Karen W. Maacks, feme sole, whose name is signed to the foregoing qriting, bearing date the 7th day of August, 1989, has acknowledged same before me in my city and state aforesaid. Given under my hand this (Of@ day of AQC?UC.T- 19 wi Notary Pub@ ic Commission Expires: tIL)CA@@'(PU'LIC, 'rF. OF rLOPII)4" 57" I -u rn rri To oo),w 6.5 25. 08 ri 7-- rri r) rr, Cb < a) z (13 G) CID CO -n 0 1, rri FO r3 (Y) C) < 2. m -n f,l rvl to C-) 14) [b rIl 0 tn [,i o@ tt rn 03 tD Z, @ N to Ck) w CD -4 Ai m m m c-) > -n> co C-) C-) n ==;O= =-C)=--< m u CD - (A - = a m 0 ;o :r (n = Ln m == (A m ;o m c; co Ln ED n m = iGRE,4r 2: 0 m -0 C) -a > (D C-) 0 0 @ m m r- - @ 0 m m ROAD n -n -n Ln n > < > = -< m Y/W) -n CD@-@0- MO> = ;o LA ic C-) -a C= a CD = - = = @ -H = -0 At. B. ;O, p co co > r- @ m > CD c:, @ = CD ;o /0 (m t= (A = m 0 m m -H CD ;o Ln=rn(n @ C-) C-) Ln m -0 co 0 m En C-) > ;D;O>m CD=LnCD:O- C:) @ M @ = @ " - -n -H ;o rn LA > Ln C:> - @ ;N -<m n=m.m@-n= Ln =>OCDCD-U = -< m x -@ @ 0 m -0 Ln > @> = m > = un = -vo /0 Ln m t= mm ;u @m M= L, m - 29 - Item IV-H.2.c. PUBLIC HEARING PLANNING ITEM # 31921 Attorney R. J. Nutter, II, 1613 Cutty Sark Road, Phone: 431-3100, represented the applicant and requested an additional one year deferral. A plat has been recorded dedicating a new alignment for Dwyer Road. Construction of this road is not yet complete. The construction of an alternate Dwyer Road will require more time than a typical condition of street closure. Upon motion by Councilwoman McClanan, seconded by Councilman Perry, City Council GRANTED one (1) year additional DEFERRAL for compliance in the Petition of DOMINION BUILJ)ING CORPORATION for the discontinuance, closure and abandonment of a portion of Dwyer Road. Application of Dominion Building Corporation for the discontinuance, closure and abandonment of a portion of Dwyer Road beginning at a point 455.5 feet southwest of the intersection with Dam Neck Road and running in a westerly direction a distance of 2782.7 feet. Said street is 40 feet in width and contains 2.553 acres. PRINCESS ANNE BOROUGH. Voting: 9-1 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, Nancy K. Parker, John L. Perry" and William D. Sessoms, Jr. Council Members Voting Nay: John D. Moss Council Members Absent: Mayor Meyera E. Oberndorf "Verbal Aye Councilman Moss advised even though he agreed to the DEFERRAL, his negative vote reflects his continued opposition to the WAIVER of the right to have to purchase the property. Councilwoman McClanan and Councilwoman Parker advised they concurred with Councilman Moss in his opposition to the WAIVER but agreed to the DEFERRAL. - 30 - Item IV-H.2.d. PUBLIC HEARING PLANNING ITEM # 31922 Attorney Peter W. Smith, of the firm of Stackhouse, Rowe and Srnlth represented the app I I cant, Phone : 623-3 555 Upon motion by Councilwoman VcClanan, seconded by Councilman BaLn, City Cbuncif ADOPTED an Ordinance upon application of THE PRESBYTERIAN LEAGUE OF NORFOLK PRESBYTERY, INC. for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF THE PRESBYTERIAN LEAGUE OF NORFOLK PRESBYTERY, INC. FOR A CONDITIONAL USE PERMIT FOR A CHURCH RO]0891252 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA The Presbyterian League of Norfolk Presbytery, Inc., has applied for a C<)nditional Use Permit for a ch urch on certain property located at the northwest corner of Princess Anne RDad and Crossroad Trai I . The parcel contains 4.258 acres. More detailed information Is available in the Department of Planning. PRINCESS ANNE BOROUGH. The following conditions shall be required: 1. A turn lane must be provided into the site via Princess Anne Road. 2. A no ingress/egress easement must be platted along the frontage of Lot 66 as it adjoins Crossroads Trail. 3. Category I landscaping must be Installed between the parking area and the adjoining residential properties. 4. The interior property line must be vacated. 5. Submission of a Landscaping Plan to be approved by City staff and Councilwoman Reba S. McCianan. 6. The utilization of best management practices for controlling stortnwater runoff which are reasonably appllcable to the development of the site and In keeping with the recommendations for the proposed Back Bay/North Landlng River Management District. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty- third of October, Nlneteen Hundred and Eighty-nine. - 31 - Item IV-H.2.d. PLIBLIC HEARING PLANNING ITEM # 31922 (Continued) Voting: 9-0 Council Memt>ers Voting Aye: Albert W. Balko, John A. BaLn, Vice Mayor Robert E. Fentress, Harold Helschober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Nancy K. Parker and William D. Sessorns, Jr. Council @mbers Voting Nay: Nc)ne Council Nbmbers Absent: Mayor Mayera E. Oberndorf and John L. Perry - 32 - Item IV-H.2.e. PLIBLIC HEARING PLANNING ITEM # 31923 Larry Martinette, 1265 Paramore Drive, Phone: 496-0661, President of Auto Sunroof and Accessories, Inc., represented the applicant Upon motion by Councilman Sessoms, seconded by Councilwoman Henley, City Council ADOPTED an Ordinance upon application of AUTO SUNROOF AND ACCESSORIES, INC. fora Conditional Use PerTnit: ORDINANCE UPON APPLICATION OF AUTO SUNROOF AND ACCESSORIES, INC., FOR A CONDITIONAL USE PERMIT FOR AN AUTOMOBILE REPAIR GARAGE R010891253 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRIGNIA Ordinance upon application of Auto Sunroof and Accessories, Inc., for a Conditional Use PerTnit for an automobile repair garage (installation of sunroofs, luggage racks, spoilers and runningboards) on the south side of Cleveland Street, 1910 feet west of Witchduck Road. The parcel Is located at 5321 Cleveland Street and contains 3200 square feet. More detai led information is available In the Department of Planning. BAYSIDE BOROUGH. The following conditions shall be required: 1. Required Category VI screening was not shown on the submitted site plan. Category Vi screening will be required during detailed site plan review unless a variance from the Board of Zoning Appeals is obtained. 2. Only customizing related work as indicated by the applicant will be allowed. 3. All work must be performed wlthin the building. No outside repairs are allowed. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginla, on the Twenty- third of October, Nineteen Hundred and Eighty-nine. - 33 - Item IV-H.2.e. PUBLIC HEARING PLANNING ITEM # 31923 (Continued) Voting: 8-0 Counci I Wmbers Voting Aye: Albert W. Balko, John A. Baun, Vice Mayor Robert E. Fentress, Barbara M. Henley, Reba S. tkCIanan, John D. Moss, Nancy K. Parker and William D. Sessoms, Jr. C<)uncil Members Voting Nay: None Council Members Abstaining: Harold Helschober* Council %mbers Absent: Mayor Mayera E. Oberndorf and John L. Perry *Councilman Harold Heischober VERBALLY ABSTAINED as the applicant might do sorne work for him. - 34 - Item TV-H.2.f. PUBLIC HEARING PLANNING ITEM # 31924 Attorney William Cox, represented the applicant, and referenced letters from John F. Shappel, Pastor of Bethel/Beech Grove United Methodist Churches, and Mark A. Miller, adjacent resident in support of the application. Said letters are hereby made a part of the record. Travis and Cyd Halstead, 804 Trevino Court, the applicants, represented themselves Upon motion by Councilwoman Henley, seconded by Councilman Baum, City Council ADOPTED an Ordinance upon application of 'FRAVIS W. HALSTEAD, JR. AND CYD L. HALSTEAD for a Conditional Use Permit: ORDINANCE UPON APPLTCATION OF TRAVIS W. HALSTEAD, JR. AND CYD L. HALSTEAD FOR A CONDITIONAL USE PERMIT FOR BOARDING HORSES R010891254 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Application of Travis W. Halstead, Jr., and Cyd L. Halstead for a Conditional Use Permit for boarding horses on the west side of Princes Anne Road, 2800 feet north of Stowe Road. The parcel is located at 1161 Princess Anne Road and contains 40.1493 acres. More detailed information is available in the Department of Planning. PUNGO BOROUGH. The following conditions shall be required: 1. A right-of-way dedication is required along Princess Anne Road to provide for a standard 50 foot right-of-way. Approximately 10 feet of right-of-way dedication will be required. 2. No filling of the floodplain will be allowed. 3. A maximum of 25 horses, both owned and boarded, will be allowed. 4. The utilization of best management practices for controlling stormwater runoff which are reasonably applicable to the development of the site and in keeping with the recommendations for the proposed Back Bay/North Landing River Management District. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty- third of October, Nineteen Hundred and Eighty-nine. - 35 - Item IV-H.2.f. PUBLIC HEARING PLANNING ITEM # 31924 (Cbntinued) Vot I ng: 10-0 Council Nbmbers Voting Aye: Albert W. Balko, John A. Baun, Vice Veyor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council tkmt>ers Voting Nay: tbne Council Members Absent: Mayor Voyera E. Oberndorf - 36 - Item IV-H.2.g. PUBLIC HEARING PLANNING ITEM # 31925 Attorney Charles Salle' , 192 Ballard Court, Phone: 490-3000, represented the applicant Upon motion by Councilman Perry, seconded by Councilman Sessoms, City Council ADOPTED an Ordinance upon applicant of RIVERSIDE INVESTMENT ASSOCIATES, INC. for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF RIVERSIDE INVESTMENT ASSOCIATES, INC. FOR A CONDITTONAL USE PEPJITT FOR A 122-UNIT MOTEL R010891255 BE TT HEREBY ORDATNED BY THE COUNCTL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Riverside Investment Associates, Inc. for a Conditional for a 122-unit motel on certain property located at the southwest corner of Greenwich Road and Ballard Court. The parcel contains 1.7 acres. More detailed information is available in the Department of Planning. BAYSTDE BOROUGH. The following conditions shall be required: 1. The utilization of best management practices for controlling stormwater runoff which are reasonably applicable to the development of the site. 2. Only one entrance will be permitted from Greenwich Road to this site. The entrance shall be located towards the center of the site. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty- third of October, Nineteen Hundred and Eighty-nine. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf - 37 - Item IV-H.2.h. PUBLIC HEARING PLANNING ITEM # 31926 Upon motion by Co unc i I man He i schober, second ed by Co unc II man Moss, City Counc i I DEFERRED un tII the City Co unc i I Weting of October 30, 1989, an Ordin ance upon application of TIDEWATER WESTMINSTER HOP4ES, INC. for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF TIDEWATER WESTMINSTER HOMES, INC. FOR A CONDITIONAL USE PERMIT FOR APARTMENTS FOR THE ELDERLY Appl lcation of Tidewater Westminster Homes, Inc. for a Conditional Use Permit for apartments for the el derl y on Lot 20, BI ock R, Aragona Vi I I age. The parcel is located at 709 Aragona Boulevard and contains 1.43 acres. BAYSIDE BOROUGH. This DEFERRAL will enable representation for the application. Vot I ng :10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Fbischober, Barbara M. @nley, Reba S. McClanan, John D. Moss, Nancy K. Parker, John L. Perry and William D. Sessorns, Jr. Council Vembers Voting Nay: None Council Members Absent: Meyor Nbyera E. Oberndorf This application was MOVED to the last Item In the PLANNING AGENDA. - 38 - Item IV-H.2.i. PLELIC HEARING PLANNING ITEM # 31927 Tracey L. Garner, 1205 Warner Hall Drive, Phone: 427-5863, represented the applicant Upon motion by Cbuncilman Baun, seconded by Councilman Heischober, City Council ADOFrrED an Ordinance upon appl ication of RICHARD G. AND TRACEY L. GARNER for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF RICHARD G. AND TRACEY L. GARNER FOR A CONDITIONAL USE PERMIT FOR A HOME OCCUPATION (LEATHER CRAFTING) R010891256 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Application of Richard G. and Tracey L. Garner for a Conditional Use Perinit for a home occupation (leather crafting) on Lot 228, Section 4, Red Mill Farms. The parcel is located at 1205 Warner Hall Drive and contains 7,500 square feet. PRINCESS ANNE BOROUGH. The following condition shall be required: 1. Approval sha I I be for a per lod of *1/2oe (2) one ( I year. This Ordinance shall be effective upon the date of adoption. Adopted by the Councii of the City of Virginia Beach, Virginia, on the Twenty- third of October, Nineteen Hundred and Eighty-nine. Voting: 7-3 Council Nbmbers Voting Aye: Albert W. Balko, John A. BaLn, Vice Veyor Robert E. Fentress, Harold Heischober, Barbara M. Henley, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: Reba S. tkCIanan, John D. Moss and Nancy K. Parker Council Members Absent: Mayor Meyera E. Oberndorf - 39 - I tem I V-H. 2.j . PLIBLIC HEARING PLANNING ITEM # 31928 The following spoke In SUPPORT of the application: Gerry Porterf I e I d , 516 Mu I i i gan Dr ive, Phone: 340-0322, Ta I bot and Associ ates, represented the applicant, displayed site plans of Nowby Estate. Jim Nbrris, President - Pace Construction, represented the appl lcant E. Ray Cox, Sr., 395 Old Great Neck Road, represented the %w Hope Baptist Church The following spoke in OPPOSITION: Art Jeffries, 311 Sunflower Court, represented the Sunflower Court Residents and Woods of London Bridge. Art Jeffries requested a DEFERRAL to Inform the residents of the adjoining areas. Ron Jakeubeck, resident of Sunflower ()Ourt Colonel William R. Nbthes, USA ret., resident of 314 Sunflower Court Roy C. Rowe, 400 Ronnie Court, Phone: 498-1165, President of the Homeowners Association - Woods of London Bridge Upon motion by Cc)uncliman Balko, seconded by Councilman BaLrn, City Council ADOPTED an Ordinance upon application of PACE HCMES, INCORPORATED for a Conditional Zoning Classificatlon: ORDINANCE UPON APPLICATION OF PACE HOMES, INCORPORATED FOR A CONDITIONAL ZONING CLASSIFICATION FROM R-10 TO A-12 Z010891266A BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Application of Pace Fbmes, Incorporated for a Conditional Zoning Classificatlon from R-10 Residential District to A-12 Apartment District on certain property located on the southwest side of Reagan Avenue beginning at a point 40 feet more or less northwest of Busky Lane. The parcel contains 10.979 acres. Plats with more detai led information are available In the Department of Planning. LYNNHAVEN BOROUGH. The following conditions shall be required: 1. Agreement encompassing proffers shal I be recorded with the Clerk of the Circuit court and Is hereby made a part of the record. This Ordinance shal I be effective upon the date of adoption. Adopted by the Cbuncil of the City of Virginia Beach, Virginia, on the Twenty- third of October, Nineteen Hundred and Eighty-nine. - 40 - I tem I V-H. 2.j . PUBLIC HEARING PLANNING ITEM # 31928 (Continued) Voting: 7-3 Co unc i I Mem bers Vot I ng Aye Albert W. Balko, John A. Bam, Vice %yor Robert E. Fentress, Harold Heischober, Barbara M. Henley, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: Reba S. McClanan, John D. Moss and Nancy K. Parker Council Members Absent: Mayor Nbyera E. Oberndorf M.11. & M.W. INVESTMENTS, INC., a Virginia corporation TO: (COVENANTS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 22nd day of August, 1989, by M.W. & M.W. INVESTMENTS, INC., a Virginia corporation, ("Grantor"), of the one part, and CITY OF VIRGINIA BEACH, a Municipal corporation of the Commonwealth of Virginia ("Grantee"), of the other part. WITNESSETH THAT: WHEREAS, the Grantor has initiated an Amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition of the Grantor addressed to the Grantee, so as to rezone the Grantor's property from R-10 Residential District to A-12 Apartment District, on certain property located on the southwest side of Reagan Avenue beginning at a point 400', more or less, northwest of Busky Lane. Said Parcel contains 11.522 acres, in Lynnhaven Borough, City of Virginia Beach, Virginia; said property being referred to hereinafter as "the Property", and being shown on the plat entitled "Plat of Property of M.W. & M.W. INVESTMENTS, INC., Lynnhaven Borough, Virginia Beach, Virginia, Scale: 1" = 60', dated August 2, 1989, made by Harold C. Warren, Jr., Land Surveyor, Virginia Beach, Virginia", and is duly recorded in the Clerk's Office of the Circuit Court of the Ciiy of Virginia Beach, Virginia, in Map Book 194, at page 83. WHEREAS, the Grantee's policy is to provide only for the orderly development of land, for various purposes, including apartment purposes, through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that in order to recognize the effects of change, and the need for various types of uses, including apartment uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land in the A-12 zoning . classifications are needed to cope with the situation which the Grantor's proposed development gives rise to; and WHEREAS, the Grantor has voluntarily proffered in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for in the A-12 zoning district or zone by the existing overall zoning ordinances, the following reasonable conditions related to the physical development and operation of the property to be adopted as a part of said Amendment to the new Zoning Map relative to the property described above, which have a reasonable relation to the rezoning and the need for which is generated by the rezoning and proposed development; and WHEREAS, said conditions having been proffered by the Grantor and allowed and accepted by the Grantee as part of the Amendment to the zoning ordinance, such conditions shall continue in full force and effect until a subsequent Amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent Amendment if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the subject property at the time of recordation of such instrument; provided, further, that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.1-431, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW, THEREFORE, the Grantor, for themselves, their heirs, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following Declaration of conditions and restrictions as to the physical development and operation of the subject property and governing the use thereof and hereby covenants and agrees that this Declaration shall constitute covenants running with the said Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, their heirs, personal representatives, assigns, grantees and other successors in interest or title, namely: 1. The Grantor agrees that upon development of the subject site, ingress/egress will be improved by aligning the proposed entrance with and restriping the existing intersection. The city will restripe the subject intersection and the Grantor will reimburse the city for its costs. 2. The Grantor is conscious of the fact that the subject site is located in a high noise zone and agrees that it will employ these construction techniques in all buildings to provide noise abatement for its occupants: a. Windows (double hung) Thermopane plus a storm window. Thermopane window should be of heavy glazing 1/8" glass with 11/18" air space. There should also be a minimum of 2 3/4" air space between the thermopane and the storm window. Glass in the storm window 8hould be of a different thickness to eliminate the possibility of resonance. b. Patio Doors - Replace typical sliding patio doors with double french doors with insulated glass. c. walls - Should be of 2 x 6 construction. Sound-a-sote sound deadening board should be installed between the studs and the vinyl exterior. insulation should be a 5 1/2" batt insulation. Resilient clips should be installed between studs and interior sheetrock. d. Ceiling - Normal construction practice@ should suffice however resilient clips should be installed ceiling rafters and sheetrock. This assumes that the roof construction will be of normal pitch with 1/2" sheathing with asphalt shingles. Ceiling should be insulated with R-30 blown in insulation. in addition, a full disclosure of high noise status will be provided in all contracts for occupancy. 3. The Grantor agrees to submit a Resubdivision Plat which plat shall cause all interior lot lines to be vacated so as to create a single parcel from Parcel A which parcel is shown on that certain plat entitled "SUBDIVISION OF REGAN WOODS" made by John E. Sirine and Associates, Ltd., dated August, 1977, which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 124, page 38, and the ii-S@A Acre Tract of which this Agreement is the subject. 4. The Grantor recognizes that the subject site is environmentally sensitive and therefore shall utilize those Best Management Practices as are reasonably applicable to the property, including, if acceptable to the City of Virginia Beach volume control (infiltration) basins and trenches for storm water management as well as water quality control. SITE PLAN 5. The Grantor agrees to develop the property in substantial compliance with the preliminary site plan, which is entitled "REVISED REZONING AND PRELIMINARY SITE PLAN OF NEWBY ESTATE" for Pace Construction, Inc., made by Talbot & Associates, Ltd., Project #891207, dated June 28, 1989, and revised July 20, 1989, on file in the Planning Department, to include the following: a. There shall be no more than 66 units permitted on the property. b. Buildings as shown to be 2-story 8-plex condominiums for sale, each having direct on grade access from the ground floor. C. Buildings shall be clustered along the 8' contour but shall be no closer to the 8' contour than 10'. d. The parking lot shall be situated between the proposed 8-plex units and adjacent townhouses located to the North of the subject project physically separating the two and serving as a buffer. e. The parking lot shall be designed in a curvelinear fashion to reduce the traffic speed and to create additional landscaping areas adjacent to the adjoining townhouses. It is recognized that further conditions may be required during @he administration of applicable City ordinances and that there will be detailed site plat review to meet all applicable City codes, and that.further conditions may be required during the administration of applicable City ordinances. All references hereinabove to requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of March 1989, which is by this reference incorporated herein. 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 b6dy of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuahce of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator pursuant to the provisions, the Grantor shall petition to the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject property oh the map and that the ordinance and the conditions may be readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the Grantor and Grantee. WITNESS the following signature and seal: M.W. & M.W. INVESTMENTS, INC., a Virginia corporation BY: (IVAAL@ P- ivJ (SEAL) William R. Wood, President STATE OF VIRGINIA: CITY OF VIRGINIA BEACH, to-wit: I, Michael E. Wood, a Notary Public for the City and State aforesaid, do hereby certify that William R. Wood, President of M.W. & M.W. Investments, Inc., a Virginia corporation, whose name is signed on behalf of the Grantor to the foregoing instrument bearing date on the 22nd day of August, 1989, has acknowledged the same before me in the City and State aforesaid. Notary Public My commission expires: 11/28/89 - 41 - Item IV-H.2.k. PUBLIC HEARING PLANNING ITEM # 31929 The fol lowing spoke In SUPPORT of the appl lcation Richard K. Stel 1, 219 66th Street, Phone: 428-5824, John E. Sirine and Associates Ltd., represented the applicant David F. Peckens, Vice Cnairman - Bui Iding Committee, Scouting Service Genter - Boy Scouts of America, (C & P Telephone) - # 11 Koger E)<ecutive Center Room 134. David F. Peckens advised desire to bul Id an 11,000 square foot service center to Include training office facilities and meeting facilities. Upon motion by Councilman Baun, seconded by Councilman Perry, City Council ADOPTED an Ordinance upon application of BOY SCOUTS OF AMERICA and MOORE FARM ASSOCIATES for a Change of Zc)ning: ORDINANCE UPON APPLICATION OF BOY SCOUTS OF AMERICA AND MOORE FARM ASSOCIATES FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-10 TO B-2 Z010891267 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Appl ication of Boy Scouts of Pfnerica and Moore Farm Associates for a Change of Zoning District Classification from R-10 Residential District to B-2 Community Business District on the east and west sides of Fbatherwood Drive, 484.83 feet north of Flaygood RDad on Parcels D-1, G-1 and 1-1, Cypress Point North Shopping Center. The parcels contain 13,278 square feet. BAYSIDE BOROUGH. The landscape, screening and buffering measures proposed within the remaining thirty-(30) foot buffer area consist of Category IV plant material along the Bc)y Scouts of America site and a berm in conjunction with plant material along the shopping center site. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginla, on the Twenty- third of October, Nineteen Hundred and Eighty-nine. Vot i ng: 8-2 Council Members Voting Aye: Albert W. Balko, John A. Baun, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, John D. Moss, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: Reba S. McClanan and Nancy K. Parker C<)uncil Members Absent: %yor Veyera E. Oberndorf - 42 - Item IV-H.2.1.a. PUBLIC HEARING PLANNING ITEM # 31930 Upon motion by Co unc II wornan Hen I ey, second ed by Go unc if man Ba um, City Co unc i I ADOFrED: Ordinance to Anend and reordain Section 106 of the City Zoning Ordinance, pertaining to rehearings of Variance Applications. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. BaLxn, Vice Veyor Robert E. Fentress, Harold Fbischober, Barbara M. Henley, Reba S. McCianan, John D. Moss, Nbncy K. Parker, John L. Perry and William D. Sessoms, Jr. Council f&mbers Voting Nay: None Council Members Absent: Nbyor Meyera E. Oberndorf AN ORDINANCE TO AMEND AAD REORDAIN 2 SECTION 106 OF THE CITY ZONING @3 ORDINANCE, PERTAINING TO REIIEARINGS 4, OF VARIANCE APPLICATIONS BE IT ORDAINED BY TIIE CITY COUNCIL OF THE CITY OF VIRGINIA !6@ BEACII, VIRGINIA: 7 That Section 106 of the City Zoning or@inance be,.and hereby '8 'is, amended and reordained, and shall read as Eollows: 9 @Section 106. Appeals and variances. 10 (a) The board of zoning appeals shall hear and decide' li@ appeals from any order, requirement, decision, or det6rminaEion 12 made by the zoni@ an administrative dfficer in the 13 administration or eneorcement of this ordinance as set forth@ 14 seebl-ans ---,-Ihreugh -1@-4-@ is aineftd@. In addition thereto, the board shall have such other 16 powers and duties as are set Eorth, in sebtion 15.1-495 oE the Code of Virqinia; Provided, however, that the board shall have no 18 authority to hear and decide applications for conditional use 19 permits. 20 (b) The membership, organization erg, -dttbies, and 21 procedures of the board of zoning appeals shzill be as set forth in 22 sections 15.1-494 through 15.1-497 oE the Code of Virginia, 1950, .23 as amended. @ In the event the board denies an application for a ,@24 variance, ;substantiallv the same application shall not be @25. considered'by the board for a period of one year from the date of @26 denial. 27@ (C) Every ap@l cation to the board of zoning appeals 28 shall be accompanied by a fee of one hundred dollars ($1 00. 00).t which shall be applied to the costs of advertising and expenses 30@ incidental to the @31 processinq oE the appli6ation. 32. (d) In regard to article 12 and the National rlood Insurance :33 Program, variances should only be issued for new construction and @34. substantial improvements to be erected on a lot-of one-half (1/2) 35 acre or less in size contiguous to and surrounded by lots w th 36 existing structures constructed below the base flood level, in 37 conformance with the procedures below: 38 (1) Variances shall only be issued upon a showing oE good 39 and sufficient cause, a determination that failure to 40 grant the variance would result in exceptional hardship 41 to the applicant, and a determination that the granting 42 of a variance will not result in increased flood 43 heights, additional threats to public safety, 44 extraordinary public expense, create nuisances, cause 45 fraud on or victimization of the public, or conflict 46 with existing local laws or ordinances. 47 (2) Variances shall only be issued upon a determination that 48 the variance is the minimum necessary, considering the 49 flood hazard, to afford relief. 50 (3) The City of Virginia Beach shall notify the applicant in 51 writing over the signature of a city official that the 52 issuance of a variance to construct a structure below 53 the base flood level will result in increased premium 54 rates for flood insurance up to amounts as high as 55 twenty-five dollars ($25.00) per one hundred dollars 56 ($100.00) of insurance coverage, and such construction 57 below the base flood level increases risks to life and 58 property. Such notification shall be maintained with a 59 repord of all variance actions as required in paragraph 60 (4) below. 61 (4) The City oE Virginia Beach shall Maintclin a record of 62 all variance actions, including justification for their 63 issuance, and report such variances issued in its annual 64 report submitted to the administrator. -.65 Adopted by the City Council of the City of Virginia Beach, 66 Virginia, on the 2.3@ day of 0 t 1989. 1 167 W14M/dhh . 168 07/21/89 69 CA-89-3361 70 ,\ordin\proposed\0106czo.pro 2 "I 7 - 43 - Ttem IV-H.2.1.b. PUBLIC HEARING PLANNING ITEM # 31931 Upon motion by Councilman Baum, seconded by Councilman Balko, City Council ADOPTED, AS AMENDED*: Ordinance to Amend Section 214 of the City Zoning Ordinance pertaining to the Display of Street Numbers on Freestanding Signs. "The words "unless impractical", after the words "height and," on line 30 shall be moved to line 31 after the words "face of the sign" Voting: 8-2 Council Members Voting Aye: Albert W. Balko, John A. Baum, Harold Heischober, Barbara M. Henley, John D. Moss, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: Vice Mayor Robert E. Fentress and Reba S. iMcClanan Council Members Absent: Mayor Meyera E. Oberndorf 1 AN ORDINANCE TO AMEND AND 2 REORDAIN SECTION 214 OF THE CITY 3 ZONING ORDINANCE PERTAINING TO 4 SIGN HEIGHT, SETBACK AND 5 LANDSCAPING. 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 7 BEACH, VIRGINIA: 8 That Section 214 of the City Zoning Ordinance of the City of 9 Virginia Beach, Virginia, is hereby amended and reordained to read 10 as follows: 11 Section 214. Sign Height, setback and landscaping 12 (a) No freestanding sign shall exceed twelve (12) feet in 13 height froiu ground level. 14 (b) No freestanding sign shall be set back less than seven 15 feet from any existing public right-of-way; provided, however, 16 that a freestanding sign having a height of eight (8) feet or less 17 may be set back five (5) feet from any such right-of-way. The 18 minimum sign setback from interstate roadways and expressways 19 designated by the city council shall be one hundred (100) feet. 20 (c) There shall be a minimum of seventy-five (75) square 21 feet of landscaped area around any freestanding sign, which area 22 may include landscaping required by section 5A of the site plan 23 ordinance. All such landscaping shall be maintained in good 24 condition at all times by the owner, lessee or occupant of the 25 premises upon which such sign is located. 26 (d) Freestanding signs, including replacements of sign 27 faces, shall display the street number of the property upon wh@ch 28 the sign is located. Such display shall consist of numerals no 29 larger than twelve (12) inches and no less than six (6) inches in 30 height and shall be located within, but not extend above, th to 31 Portion of the face of the sign, unless impractical. The portion 32 of the sign displaying the street number shall not be deemed a 33 Part of the sian for Durnoses of measuring the surface area of 34 such sign. 35 Adopted by the City Council of the City of Virginia 36 Beach on the 23rd day of October, 1989. 37 wmm/lmt/cmm 38 06/29/89 39 07/12/89 40 09/18/89 41 10/17/89 42 10/23/89 43 CA-03359 44 \ordin\proposed\0214czo.pro 2 - 44 - Item IV-H.2.m. PUBLIC HEARING PLANNING ITEM # 31932 Upon motion by Counci Iman Heischober, seconded by Counci Iman Moss, City Oounci I ADOPITED: Ordinance to AMEND and REORDAIN Section 7 of the Site Plan Ordinance of the City of Virginia Beach, Virginia, re variances and appeals as they relate to development related waiver requests. Councilman Wss referenced lines 29-33 and advised there should be provided sorne formal notice to the Counci I that a Waiver has been granted and a delay period for the effective date of the decision. The Council would be able to decide whether to reverse this decision without incurring financial I iability to the City. The City %nager advlsed the verbiage "his designeell on lines 13 and 27 referred to Deputy City Manager Thornas Martinsen and in his absence, C. Ora I Lambert, Jr., Director ot Public Works. Voting: 6-4 Council Members Voting Aye: Albert W. Balko, John A. BaLn, Vice %yor Robert E. Fentress, Harold Heischober, John L. Perry and William D. Sessoms, Jr. Oouncil Members Voting Nay: Barbara M. Henley, Reba S. NtClanan, John D. Moss and Nancy K. Parker, Council Nbmbers Absent: %yor Meyera E. Oberndorf I AN ORDINANCE TO AMEND AND REORDAIN 2 SECTION 7 OF THE SITE PLAN ORDINANCE 3 OF THE CITY OF VIRGINIA BEACH, 4 VIRGINIA, PERTAINING TO VARIANCES 5 AND APPEALS AS THEY RELATE TO 6 DEVELOPMENT RELATED WAIVER REQUESTS 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 8 VIRGINIA BEACH, VIRGINIA: 9 That Section 7 of the Site Plan Ordinance of the City of 10 Virginia Beach, Virginia, pertaining to variances and appeals, be, 11 and hereby is, amended and reordained to read as follows: 12 Section 7. Variances and appeals. 13 7.1. The city manager and his designee are 14 authorized, upon appeal in specific cases, to grant a variance 15 from the terms of the ordinance as will not be contrary to the 16 public interest, when owing to special conditions, a literal 17 enforcement of the provisions will result in unnecessary hardship, 18 provided that the spirit of the ordinance shall be observed and 19 substantial justice done, as follows: 20 (1) Strict application of the terms of the ordinance 21 will effectively prohibit or unreasonably restrict 22 the use of the property. 23 (2) Granting of such variance will alleviate a clearly 24 demonstrable hardship approaching confiscation as 25 distinguished from a special privilege. 26 In authorizing a variance the city manager or his 27 designee may impose such conditions as may be necessary in the 28 public interest. 29 7.2. It is further provided that any decision of the 30 city manager or his designee may be modified, reversed or affirmed 31 by the city council upon appeal by any aggrieved party to such 32 decision, if such appeal is filed within thirty (30) days of such 33 decision. 35 7.3. Final decisions under this ordinance shall be 36 subject to review by the appropriate court of record, if filed 37 within thirty (30) days from the date of council action. 38 Adopted by the Council of the City of Virginia Beach, 39 Virginia on 23 day of October 1989. 40 EEF/lmt 41 06/01/89 42 06/22/89 43 CA-03341 44 \ordin\proposed\007site.pro APPROVED AS TO CONTENTS SIGNATURE DEPART@A APPROVED AS TO LEGAL PMFY 2 - 45 - Item IV-I.l. APPOINTMENTS ITEM # 31933 Upon NOMINATION by Councilman Heischober, City Council APPOINTFD: HAMPTON ROADS AIR POLLUTION CONTROL DISTRICR COMMISSION Mary Morris, Alternate Two year term: 11/1/89 - 10/31/91 Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf - 46 - Item IV-1.2. APPOINTMENTS ITEM # 31934 Upon NOMINATION by Councilwoman McClanan, City Council REAPPOINTED: HISTORICAL REVIEW BOARD Thomas L. Ackiss James H. Agles Bartow W. Bridges, Jr. Two year term: 11/1/89 - 10/31/91 Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf - 47 - Item IV-I.3. APPOINTMENTS ITEM # 31935 Upon NOMINATION by Councilwoman McClanan, City Council APPOINTED: TIDEWATER TRANSPORTATION DISTRICT COMMISSION Thomas M. Martinsen, Jr., Alternate To Serve at Pleasure of City Council Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf - 48 - Item IV-L.I. RECESS TO ITEM # 31936 ExECUTTVE SESSION In accordance with Section 2.1-344, Code of Virginia as amended, and upon motion by Councilman Heischober, seconded by Councilman Moss, City Council RECESSED the FORMAL SESSION to RECONVENE October 24, 1989, at 9:00 AM, into EXECUTIVE SESSION in the Conference Room, City Hall Building, for discussion of a Personnel Matter (a. Interviews for the City Attorney position.) (9:12 P.M.) Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf