HomeMy WebLinkAboutAUGUST 14, 1989
"WORLD'S LARGEST RESORT CITY"
Cl'rY COUNCIL
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AUGUST 14, 1989
ITEM 1. CITY MANAGER'S BRIEFING - Conference Room - 11:00 AM
A. Corporate Landing
Mr. Van H. Cunningham
Chairman, Industrial Development Authority
ITEM 11. COUNCIL CONFERENCE SESSION - Conference Room - 11:30 AM
A. CITY COUNCIL CONCERNS
ITEM Ill. INFORMAL SESSION - Conference Room - 12:00 NOON
A. CALL TO ORDER - Mayor N1/2yera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. MOTION TO RECESS INTO EXECUTIVE SESSION
ITEM IV. FORMAL SESSION - Council Chamber - 2:00 PM
A. INVOCATION: Revorcnd Ernest G. Roebuck
Calvary Baptist aiurcli
0. PLEDGE OF ALLEGIANCE TO TIDE FLAG OF TI-IE UNITED STATES OF AMEIRICA
C. ELECTRONIC ROLL CALL OF CITY COUNCIL
0. CERTIFICATION OF EXECUTIVE SESSION
E. MINUTES
1. INFORMAL & FORMAL SESSIONS - August 7, 1989
F. PUBLIC HEARING:
1. Issuance of School Bonds of the City of Virgiiiia Boach, Virginia,
in the maximum amount of $68,378,000 subject to the approval of the
qualified voters.
a. Ordinance authorizing Issuance of School Bonds of the City of
Virginia Beach, Virginia, in the max]mlyn amount of $68,378,000
subject to tl)e approval of the qualifled vot(@rs.
G. PUBLIC HEARING:
1. PLANNING - RECONSIDERATION
a. Application of MRS. URSULA JONES for a Conditional Use Permit
for an animal hospital on certain property on the East side of
Diamond Springs Road (Shell Road), containing 1.346 acres
(BAYSIDE BOROUGH).
APPROVED: September 14, 1987
2. PLANNING
a. Petition for the discontinuance, closure and abandonment of a
portion of Whitohurst Landinq Road beginning on the West side
of Kempsvil le Road, 94.52 feet Sod-th of Whltehurst Landing Road
and running in a northerly direction a distance of 150.16 feet,
containing 12,462.6 square feet in the petition of W & K
ASSOCIATES (KEMPSVILLE BOROUGH)
DEFERRED - February 27, 1989 for Cornpliance
Recommendation: FINAL APPROVAL
b. Petltion for the discontinuance, closure and abandonment of a
portion of Busl)nell Drive beglnning at the Eastern boundary of
General Booth Boulevard and running in a Southeasterly
direction to tho Western boundary of Bushnell Drive, containing
5,855.30 square feet in the petition of KENNETH L. SEAY, SR.
(LYNNHAVEN BOROUGH)
DEFERRED - 8-8-88 and 2-13-89 for Compliance
Recommendation: FINAL APPROVAL
c. Application of GEORGE C. MAIN, JR. and H. WAYNE MCGRAW for a
Variance to Section 4.4(b) of the Subdivision Ordinance which
requires all lots created by Subdivision to meet all
requirements of the Zoning Ordinance (PUNGO BOROUGH)
Recommendation: APPROVAL
d. Application of VIRGINIA BEACH CHRISTIAN OUTREACH GROUP, INC.
for a Conditional Uso Permit for a
cooking facilities) on the South side of Virginia Beach
Boulevard, 540 feet East of Nor@tli Birdneck Road (1049 and 1053
Virginia Beach Boulevard), containing 41,382 square feet
(LYNNHAVEN BOROUGH).
Recommendation: APPROVAL
Application of FIRESTONE TIRE AND RUBBER COMPANY for a
Conditional Use Permlt for an au-@o repair establishment on the
west side of General Booth Boulevard, 141 fee-@ Nortli of Dam
Neck Road, containing 23,958 square feet (PRINCESS ANNE
BOROUGH).
Recommendation: APPROVAL
f. Application of ECONO LUBE-N-TUNE for a Conditional Us(,, Per-rnit
for a automobile repair garage and car wash facility on Lots
41 5, 6 & 7, Gibson Property on the West side of Lynnhaven
Parkway, 656 feet South of Riverbend Road, containing 1.03
acres (PRINCESS ANNE BOROUGH).
Recommendation: APPROVAL
g. Application of CHRISTOPHER ULMAN for a Conditional Use Permit
for an auto repair establishment 480.41 feet West of South
Birdneck Road beginning at a point 500 foot more or less North
of Beautiful Street, containing 21,736.44 sq ua re feet
(LYNNHAVEN BOROUGH).
Recommendation: APPROVAL
h. Application of THE VIRGINIA BEACH DEVELOPMENT AUTHORITY for
Cond i t I ona I Zon i ng C I a ss i f i cat I on s, I ocated West of G,,nera I
Booth Boulevard North/Northeast of London Bridge Road
Relocated. (PRINCESS ANNE BOROUGH):
Frorn AG-1 Ag r I c u I t ura IDistrict to 1-1 Light Industrial
Dis-l-rict, containing 75.6 acres;
From AG-1 Agricultural District to B-2 Commtinity Business
District, containing 12.2 acres;
From AG-2 Agricultural District to B-2 Commun
Dis-Irict, containing 26.3 acres;
Frorn AG-2 Agricultural District to 1-1 Light Industrial
District, containing 6.1 acres.
Recommendation: APPROVE ALL APPLICATIONS
i. Ordinances to AMEND and REORDAIN City Zoning Ordinances:
a. Ar-@icle 14, Section 1402 re: Wetlands
b. Article 16, Section 1600 and 1601 re: Coastal Primary Sand
Dune Zoning
c. Sections 111, 901, 1511 and 1521 re Blngo Halls
Recommendation: APPROVE ALL APPLICATIONS
j. Ordinance to AMEND Section 4.IB of the Site Plan Orditiance re:
Site Development Plans.
Recommendation: APPROVAL
k. Ordiiiances to AMEND Section 6.1 of the Subdivision Ordinance
re: Plats and Data-generally.
Recommendation: APPROVAL
H. ORDINANCES:
1. Ordinance upon TRANSFER $5,000 to FIRST NIGHT VIRGINIA BEACH for
a Now Year's Celobration of the Arts on December 31, 1990
(Sponsored by Counci Iman W! I I iam D. Sessoms)
2. Request for authorization to grant permission to developers of
Lynnhaven Off ice/Industrial Park to extend SABRE STREET botwecn
South Lynnhaven Road and Lynnhaven Parkway.
1. CONSENT AGENDA
A[ I matters I I sted under the Consent Agenda are considered in tlie
ordinary course of business by City Council and will be enacted by
one motion In tlie form listcd. If an item Is removed frcm the Consent
Agenda, it will be discussed and voted upon soparately.
1. Ordinance upon SECOND READING, to APPROPRIATE $133,000 to the
Chesapeake Beach Volunteer Rescue Squad for the purchase of a heavy
squad truck.
2. Ordinance, upon SECOND READING, to ACCEPT and APPROPRIATE a
$100,000 Gran-@ frorn the Cormnonwealth of Virginia for the Virginia
Beach Veterans' Memorial Committee to help offset construction
costs of the Memorial.
3. Ordinance, upon SECOND READING, to APPROPRIATE $49,062 to Emergency
Medical Services for the purchase of an ambulance for use by the
Courthouse Volunteer Rescue Squad.
4. Ordinance, upon SECOND READING, to APPROPRIATE $36,432 to the
Cornmonwealth's Attorney's Office for an additional Attorney I
position to be funded by a $28,302 increase in estimated revenues
and an $8,130 transfer from Reserves.
5. Ordinance, upon SECOND READING, to APPROPRIATE a $5,210 Grant from
the Virginia Council on the Environment to enable access to State
environmental data bases.
6. Ordinance appointing viewers:
a. Petition of LOIZOU, INC. for the closure of a portion of BROAD
STREET west of Southgate Avenue, Euclid Place, (BAYSIDE
BOROUGH)
b. Petition of B & 0 DEVELOPMENT CORPORATION for tlie closure of a
portion of 26TH STREET, west of Cypress Avenue, (VIRGINIA BEACH
BOROUGH).
J. APPOINTMENTS:
BOARD OF BUILDING CODE APPEALS
C " UNITY CORRECTIONS RESOURCE BOARD
DEVELOPMENT AUTHORITY
FRANCIS LAND HOUSE BOARD OF GOVERNORS
PARKS AND RECREATION COMMISSION
PUBLIC LIBRARY BOARD
RESORT AREA ADVISORY COMMISSION
WETLANDS BOARD
K. UNFINISHED BUSINESS
1. Resolution reques-@ing Tidewater Transportation Dlstrict Ccxnmission
develop a financial plan for the proposed Light Rail services and
planning for a Naval Base oxt(,nsion. (Spon,,ored by Vico Mayor
Fentress and Councilwoman Henley)
2. Resolution requesting the Tidewater Transportation District
Commission pursue placement of a Light Rail System from Virgiiiia
Boach to tlie Norfolk Ntaval Base; to develop a Financial Plail for
the proposed service and limiting -,xpenditures of the City; Ind/or,
-Vtic enactmei)t of Ordinances establishing a Light Rail System until
such time as the City Council receive the advice of the qualified
voters at an Advisory Referendum. (Sponsored by Councilwoman
Pdrker)
L. NEW BUSINESS
1. 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 Zoninq District Classification frctfl
R-3 Resid,,ntial District to 0-1 Office District on certain
property at t@ie Southoast corner of General Booth Boulevard and
Princess Anne Road, shown as "Residue Acreage", containing 3.25
acres (PRINCESS ANNE BOROUGH).
M. ADJOURNMENT
iap
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
August 14, 1989
The CITY MANAGER'S BRIEFING to the VIRGINIA BEACH CITY COUNCIL was called to
order by Mayor Meyera E. Oberndorf in the Conference Room, City Hall, on
Monday, August 14, 1989, at 11:00 A.M.
Council Members Present:
Albert W. Balko, Vice Mayor Robert E. Fentress,
Harold Heischober, Barbara M. Henley
Reba S. McClanan, Meyera E. Oberndorf and Nancy K.
Parker
Council Members Absent:
John A. Baum (ENTERED: 11:03 A.M.)
John D. Moss (ENTERED: 11:05 A.M.)
John L. Perry (ENTERED: 11:45 A.M.)
William D. Sessoms, Jr. (ENTERED: 11:10 A.M.)
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C I T Y M A N A G E R 'S B R I E F I N G
CORPORATE LANDING
11:00 A.M.
ITEM # 31613
The proposed rezoning of 38.5 acres to B-2 Community Business District and 81.7
acres to I-I Light Industrial District, as conditioned, would permit the
development of an Industrial Park containing a variety of industrial, office
and commercial uses.
Burrell Saunders, CMSS Architects, addressed the general approach to the whole
project, the zoning categories within the project, sign control, lakes, plazas,
pedestrianism, jogging trails, the landscaping, green areas, open areas of the
Park, the residential buffers around the Park, the mixed use and buffers on
General Booth Boulevard. The whole concept of the Park is to create a pastoral
environment for employment A Master Plan has been developed which has an
overlay design criteria and covenants which guarantee the quality of the
development presented will actually occur. The criteria have been tested and
proven throughout the Country. Forty (40% ) percent of the property is
dedicated to green area. Large open areas are dedicated to lakes. Under the
basic City Code, there would be 20,000 to 22,000 square feet an acre. With the
commitment to 40% green area, the plazas and the landscaping contained in the
covenants, approximately 12,000 square feet an acre for development will occur.
Thus, the density is greatly reduced.
Burrell Saunders displayed the Zoning and Development District Plan for
Corporate Landing:
Medium Density Office
Low Density Office
Research and Development
Mixed Use Development
As one enters into the Park, it is heavily landscaped with fountains creating a
natural brook environment. Burrell Saunders further depicted the proposed Park
by the utilization of slides.
The design criteria depicts the actual signage for the Park. The signage within
the Park is controlled and works together as a complete package. The
stormwater is brought through lake systems and thus an amenity to create value
within the Park.
Strawbrid-e is the only direct neighbor to this property. If there are
exisiting trees along Strawbridge, they will be utilized with understories of
plants as fill-in. Where there are not existing trees, berms will be utilized.
Van Cunningham, Chairman - Industrial Development Authority, advised The
Development met with the Civic Associations in this Corridor and revisions in
the proffers were clarified, as per their request.
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I T E M S 0 F T H E C I T Y M A N A G E R
ITEM # 31614
The City Manger referenced Issuance of School Bonds of the City of Virginia
Beach, Virginla, in the maximum amount of $68,378,000 subject to the approval
of the qualified voters. (See Item F.l.a PUBLIC HEARING of the Formal Agenda.)
The City %nager distributed information relative this item as per request of
City Counci I concerning the possible tax increase and citing the gymnasiums
which would be located under the proposal.
Counci lwoman Henley expressed concern relative the Bayside and Kel lam High
Schools renovation projects which are about $1-1/2-MILLION difference. The City
Manager will advise relative the difference.
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C ON C E R N S OF T HE MAYOR
ITEM # 31615
Mayor Oberndorf referenced a letter from James N. Fletcher, Chairman -
Virginia Beach City School Board, advising the necessity to hold a Meeting
concurrent with the City Council's Meeting relative revised recommendations
concerning the State Mandates and highly publicized Family Life Education
Program. However, City School Administrators will be in attendance and respond
to City Council's concerns during the PUBLIC HEARING relative issuance of
School Bonds of the City of Virginia Beach, Virginia, in the maximum amount of
$68,378,000 subject to the approval of the qualified voters.
ITEM # 31616
Mayor Oberndorf advised of the receipt of numerous letters concerning persons
riding in the open back of trucks. Yesterday, August 13, 1989, there was a
poignant letter relative a truck with nine children in the back. When a truck
is stopped, the children could be thrown forward over the top of the truck and
into the road ahead. Mayor Oberndorf requested the City Attorney's Office
research and determine whether the City Council could ADOPT a local Ordinance
prohibiting children being carried in the open back of a truck.
- 5 -
C I T Y C 0 U N C T L C 0 N C E R N S
TTEM # 31617
Councilman Moss referenced the latest definition of "excellence in education"
which the "TURN OF THE CENTURY STRATEGTC PLANNING COMMITTEE" plans to utilize.
Councilman Moss will be "faxing" said information to Members of City Council.
Councilman Moss requested comments from Members of City Council.
ITEM # 31618
Councilman Sessoms referenced letter from James Oliver, City Manager of
Norfolk, concerning tlie possibility of an additional crossing of Hampton Roads
in the I-64 corridor. The correspondence included a Resolution ADOPTED by the
Norfolk City Council on January 17, 1989. The General Assembly had ADOPTED a
resoiution, patroned by Delegate McClanan authorizing a study of improvements
to the 1-64 corridor and also Route 17.
Mayor Oberndorf requested the City Staff prepare a Resolution of support from
the Virginia Beach City Council for additional vehicular capacity in an
additional tube crossing to the Hampton Roads Bridge Tunnel and I-64
west/east.
Mayor Oberndorf referenced the challenge of the "checkered square" routings.
The Virginia Department of Transportation should devise signage which could be
better understood, i.e: "alternate route to the James River Bridge when tunnel
is crowded beyond capacity."
The City Manager requested City Council peruse the enclosed DRAFT resolution.
The City Manager will SCHEDULE this Resolution for the City Council Agenda of
August 21, 1989. The City Manager will request VDOT prepare a BRIEFING relative
their routing system.
ITEM # 31619
Councilman Moss advised another bad stretch of road (I-44 to Greenbrier)
needed to be widened. This priority should not be disassociated.
ITDM # 31620
Councilr.qan Sessoms referenced the condition of Category VI screening around
automobile repair facilities which is always WAIVED. Councilman Sessoms
inquired whether this concern is being addressed.
Council Members iAcClanan and Parker are attempting to resolve this situation.
ITEM # 31621
Councilwoman McClanan referenced the residents' concerns relative the proposed
Parish Road street tie between Church Point Farms and Thoroughgood.
Mayor Oberndorf advised the Thoroughgood Civic League is meeting tonight,
August 14, 1989, relative this situation. The Adam Thoroughgood House would be
impacted. The amount of time for police and fire to respond is no different
whether the road is open or not.
Councilman Heischober advised when the Bayside Recreation Center is completed,
the thru traffic will be tremendous.
The City Manager advised this item is in the staff review process. An analysis
is now being performed in order to enable response form a technical aspect to
City Council's concerns. The City Manager advised the receipt of numerous
letters and 'phone calls. Maps will be provided to City Council during the
Formal Session.
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C I T Y C 0 U N C I L C 0 N C E R N S
ITEM # 31622
Counc I I wornan Hen I ey ref erenced concerns re I at 1 ve the open burn I ng ord I nance
ef f ect i ve Septem ber 1, 1989 . Counc I I wornan Hen I ey had req uested a c I a r i f I cat i on
of exemptions to said Ordinance.
The Cl ty Sta f f adv i sed an Ord i nance w I I I be SCHEDULED f or the C i ty Counc 1 1
Agenda of Aug ust 21, 1989, attempt i ng to respond to a I I concerns.
Mayor Oberndorf wished to be assured adequate public notice and education would
be provided.
ITEM # 31623
Vice Mayor Fentress requested the City Staff clarify those public news articles
i.e, Stumpy Lake, Holly Road, the Red Wing Golf Course question, which might
not be correctly understood.
Councilman Moss requested the City Staff share memorandums of record of
dialogue between the developer and be advised when City Statf is briefing the
various Civic Groups relative these issues. This will enable understanding the
Issues and questions and not be caught short on a very volatile issue.
ITEM # 31624
Due to the rise in the number of bicycles and riderships, Vice Mayor Fentress
requested the City Staff prepare an AMENDED Ordinance relative bike paths.
Bicycles cannot be ridden on sidewalks. There are two types of bike riders,
serious and leisure.
Councilman Perry referenced chi ldren in his neighborhood who were cautioned by
the pol Ice for riding on the sidewalks. Councilwornan McClanan advised the
sidewalks must be designated as bike paths in order to be utilized.
ITEM # 31625
Councilman Perry congratulated E. Dean Block, Assistant City Manager for
Analysis and Evaluation relative his comments concerning the $900,000
shortfall.
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ITEM # 31626
The INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order by
Mayor Meyera E. Oberndorf in the C)onference Room, City Hal 1 Bul I d i ng , on
Monday, August 14, 1989, at 12:05 P.M.
Council Members Present:
Albert W. Balko, John A. Baun, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Nancy K. Parker, John L.
Perry, Mayor Meyera E. Oberndort and William D.
Sessoms, Jr.
Council Members Absent:
None
- 8 -
ITEII # 31627
Mayor Meyera E. Oberndorf entertained a motion to permit City Council to
conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of
Virginia, as amended, for the following purposes:
1. PERSONNEL MATTERS: Discussion or consideration of or intereviews 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 Council appointed boards, commissions and agencies.
2. LEGAL MATTERS: Consultation with legal counsel or briefings by staff
members, consultants or attorneys, pertaining to actual litigation, or
other specific legal matters requesting the provision of legal advice by
counsel pursuant to Section 2.1-344 (A) (7). (1) In particular, litigation
pertaining to the Lake Gaston pipeline.
Upon motion by Councilman Moss, seconded by Councilman Balko, City Council
voted to proceed into EXECUTIVE SESSION.
Voting: 11-0
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, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 9 -
F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
August 14, 1989
2:00 P.M.
Mayor Meyera E. Oberndorf cal led to order the FORMAL SESSION of the VIRGINIA
BEACH CITY COUNCIL In the Counci I Chambers, City lbl I Bui Iding, on Nbnday,
August 14, 1989, at 2:00 P.M.
Counci I Members Present:
Albert W. Balko, John A. Balxn, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Absent:
None
INVOCATION: Vice Voyor Robert E. Fentress
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
- 10 -
Item IV-D.I.
CERTIFICATION OF
EXECUTIVE SESSION ITEM # 31628
Upon motion by Vice Nbyor Fentress, seconded by Counci ]man Sessoms, City
Council ADOFITED:
CERTIFICATION OF EXECUTIVE SESSION
Only public business matters lawfully exempted from
Open Meeting req u i rernents by Virginia law were
discussed In Executive Session to which this
certification resolution applies;
AND,
Only such public business matters as were
identified in the motion convening this E)<ecutive
Session were heard, discussed or considered by
Virginia Beach City Council.
Voting: 11-0
Council Memt>ers Voting Aye:
Albert W. Balko, John A. BaLim, Vice @yor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Mc>ss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Gouncil Members Absent:
None
JR I it I tl I't
CERTIFICATION OF EXECUTIVE SESSION
VIRGINTA BEACII C]ITY COUNCIL
WITEREAS: Tlie Vi.rgin:i.,i Beicti CiLy Couiicil convened into EXECUTIVI" SESSION, pursuant to
Lile affi.rm,-itive vote recorded liere and in iccordance witti the provisions of The Virginia
Freedom of Information Act; and,
WIIEREAS: Sect[oT) 2.1-344.1 of tlic Code of Virg:i.rij-,.i requ.Lres i certi.ficition by Lhe
governi.ng I)o(ly thzit StIC11 I-XCCLI@ive Session wis coiiduclc(l in conforin:i.Ly w:itli V.i-rgLn:il I.,Iw.
NOW, TIIEREFORE, BE IT RESOLVED: Tilat the Virginia Beach CiLy Couiicil liereby certifies
tliat, to tlie I)OST of each member's lcnowlcdge, (,i) only public business matters lawfully
exeinpted from Open Meeting requirements by Virg@nia law were discussecl in Executive Session to
wlilcli tliis cerLificit:@on resolution appl:Les; and, (b) onl.y such public business matters as
were i(Icntified i.n tlie motion convening th:is Executive Session were heard, discussed or
considered by V:Lrgi.nia Beicli City Council..
MOTION;
Ul)oii motion by Counci@.I.man Moss, seconded I)y Cotincilman Balko, City Council voted to proceed
into EXECUTIVE SESSION to consider:
1. PERSONNEL MATTERS: Discussion or consideration of or interovi.ews of prospective
c,iiididates for enpl.oyment, issignmerit, appointment, promotion, performance, clemotion,
salaries, disciplining, or resignat:i.on of speci.fic publi.c offi.cers, appointees, or
c,mployees I)urstizint to Section 2.1-344(A)(1). (1) City Counci-I appointed boards,
commi.ssions and agencies.
2. 1,EGAL MATTERS: Consultation wlth 10gal COLinsel or briefings by staff members, consul.t,@ints
r itlorneys, pertai.ning to ictuil litLgiti.on, or othc,.r specifi.c legal matters requesting
Llic provision of lcgal. advi-ce by counsel pursuant to Section 2.1-344 (A) (7). (1) In
part:Lcular, I:Ltigation pertain@Lng to ttio Lal<e Gaston pipeline.
VOTE: 11-0
Cotincil Moriil)crs Voting AYE: Council Meml)ors Voti-ng NAY:
Albert W. Bcil.l<o, Jolin A. Baum, Vice Mayor RoberL E. None
Fentress, llirold Hei--cliober, Barbara M. flen]-cy,
Rc,l)a S. McClanan, Jolill D. Moss, MIyor Meyera r.
OI)crii(lorl, Nciiicy K. Piiricer, John L. Perry and
Wil.L:i,im D. Sessoms, Jr.
Council @leml)ers ABSTAINENG: Counc:Ll Members ABSENT for the Vote:
None None
Counc:Ll Meinbers ABSENT for the Meeting:
None
h ltdgs S.Llh, CMC AAL'
City Cl,cric
Item IV-E.I.
MINUTES ITEM # 31629
Upon motion by Councilman Heischober, seconded by Councilman Balko, City
Council APPROVED the Minutes of the INFORMAL & FORMAL SESSIONS of August 7,
1989.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baun, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Abstaining:
Reba S. McClanan
Council Members Absent:
None
Councilwoman McCianan ABSTAINED as she was not in attendance during the Formal
Session of the City Council Meeting of August 7, 1989.
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Item IV-F.I.
PUBLIC HEARING
PLANNING ITEM # 31630
Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on:
Issuance of School Bonds of the City of Virginia
Beach, Virginia, in the maximum amount of
$68,378,000 s ubj ect to the approval of the
qualified voters.
The fol lowing spoke In support of the Issuance of School Bonds.
Wi I I iam J. Brunstad, 1249 Parkside Place, Phone: 496-0255, represented the
Trantwood PTA. W! I I lam Brunstand recognized individual representatives frcm
Princess Anne Elementary, Windsor Woods Elementary, Kemspville Meadows
Elementary, Betty F. Williams Elementary and Bayside Elementary, whose schools
will be receiving gymnasiums
There being no further speakers, the %yor CLOSED the PUBLIC HEARING.
- 13 -
Item IV-F.I.a
ORDINANCE ITEM # 31631
Dr. Fred G. Benham, Assistant Superintendent of Schools for Financial Services,
advised there was not a Physical Education Program for the Gifted and
Talented. Dr. Benham advised Councilwoman Henley some renovation had already
been accomplished on the Kellam School.
E. Dean Block, Assistant City Manager for Analysis and Evaluation, advised the
School Board, in response to recommendations of their professional staff,
deleted all additions to Elementary Schools as well as to Kellam and Bayside
and made a determination that the flexibility of the system was better served
by the programing of those needs as and if they arose because of the
uncertainty about future growth. Portable classrooms would be utilized when
needed in those school areas. All funds saved as a result of the
reprogrammings were retained in the School section of the CIP and were used in
some cases to fund portions of the projects which would otherwise be on
Referendum. The School Board did not include in their recommendations any
permanent additions to either Kellam or Bayside.
Councilwoman Henley expressed reservations relative the $2,050,000 Kellam High
School modernization as being adequate to conform to identical standards of
those newer schools with the more elaborate facilities.
Councilman Moss requested, in the absence of major recreational facilities in
the Aragona portion of the City, this particular gymnasium in the School for
the Gifted and Talented could be investigated as a recreational useage for
that neighborhood.
Upon motion by Councilman Heischober, seconded by Councilman Moss, City Council
APPROVED, upon FIRST READING:
Ordinance authorizing Issuance of School Bonds of
the City of Virginia Beach, Virginia, in the
maximum amount of $68,378,000 subject to the
approval of the qualified voters.
Voting: 10-1
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, Mayor Meyera E. Oberndorf,
Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
John L. Perry
Council Members Absent:
None
The City Clerk referenced Councilman Moss's letter of March 30, 1989, which
pursuant to Section 2.1-639.14E of the Code of Virginia, Ann., DECLARED
although his wife is a teacher with the Virginia Beach School System, he is
able to review, make recommendations and approve or deny a budget regarding the
School Board fairly, objectively and in the public interest. (Said letter is
hereby made a part of the proceedings.)
JOliN D. MOSS 4021 GLE14 [IOAD
COUNCILMAN VIRGINIA DCACif, VINGINIA 23452
KEMPSVILLE BOROUGH (804) 490 0318
March 30, 1988
Mrs. Rutti Hodges Smith, CMC
City Clerk
Municipal center
Virginia Beach, VA 23456
Re: School Board Budgct
Dear Mrs. Smith:
Pursuant to Section 2.1-639.14E of tlic Codc of Virginia,
Ann., I make the following declaration:
1. As a member of the City Counc@-1 of the City of Virginia
Beach, I havc a duty and responsibility to the citizcns of
Virginia Beach to rcview, make rccoitunendatioris and approve or
deny the School Board budget, and I intend to carry out said
duties as fairly and faithfully as I can; and
2. Pursuant to the State Conflict of Intcrcsts Act prior to
taking any action on the School Board budget, i am disclosing
that my wife is a teacher in tlio Virginia Bcacla school systein;
and
3. My wife, as a teacher in a profcssion, occupation and
group along with several hundred othcr tcachcrs, could possibly
be affected by City Council's vote on the School Board budget;
and
4. I ain ablc to rcview, riiake reconunendations and approvc or
deny a budget regarding the School Board fairly, objec-uively and
i-n the public interest even though my wife is onc of Tnany
teachers within tho school systein.
Accordingly, I respectfully rcqucst ti,-It you rocord this
declaration in thc offi-cial records cf 'he Ci@-,- C-Duncil. Tllank
you for your assislance ail co.--@pcration in this ina.-cr.
VeTy t@uly yours,
@'t
oliil@6 Moss
ounc@-lmcmber
JDM/CJS/awj
cc: Paul A. Sciortino, Coinmon@@iealth Attorncy
1 AN ORDINANCE AUTHORIZING THE ISSUANCE OF SCHOOL
2 BONDS OF THE CITY OF VIRGINIA BEACH, VIRGINIA
3 IN THE MAXIMUM AMOUNT OF $68,375,000 SUBJECT
4 TO THE APPROVAL OF THE QUALIFIED VOTERS
5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
6 1. It is hereby determined to be necessary and expedient for the City of
7 Virginia Beach to continue the development of its school system, including site
8 acquisition and construction enlargement, renovation and equipping schools and
9 related facilities for the projects and in substantially the amounts as shown on
10 Exhibit A attached hereto, which will promote the public welfare of tbe City and
11 its inhabitants and will facilitate the orderly development of the City, and to
12 finance costs thereof through the borrowing of $68,375,000 and issuing tbe City's
13 general obligation bonds therefor.
14 2. Pursuant to the Charter of the City of Virginia Beach and the Public
15 Finance Act, there are hereby authorized to be issued school bonds of the City in
16 an amount not to exceed $68,375,000. The bonds may be issued as a separate issue
17 or combined with bonds authorized for other purposes and sold as part of a
18 combined issue of public improvement bonds.
19 3. The bonds shall bear such date or dates, mature at sucb time or times
20 not exceeding 40 years from their dates, bear interest at such rate or rates not
21 to exceed the maximum rate authorized by law at the time the bonds are sold, be
22 in such denominations and form, be executed in such manner and be sold at such
23 time or times and in such manner as the Council may hereafter provide by
24 appropriate resolution or resolutions.
25 4. The bonds shall be general obligations of the City for the payment of
26 principal of and interest on which its full faith and credit shall be irrevocably
27 pledged.
28 5. The bonds shall not be issued until approved by a majority of the
29 qualified voters of the City voting on the question of their issuance at an
30 election to be held in the City.
31 6. The City Clerk is hereby authorized and directed to cause a certified
32 copy of tbis ordinance to be presented to the Circuit Court of the City of
33 Virginia Beacb, Virginia, which is hereby requested to order an election to
34 submit to the qualified voters of the City the qliestion of the issuance of the
35 bonds provided for herein,
36 7. This ordinance shall be in full force and effect from its passage.
37 Adopted by the Council of the City of Virginia Beach, Virginia, on the
38 day of 1989.
39 Approved:
40
41 Mayor, City of Virginia
42 Bedch, Virginia
43 First Reading: August 14, 1989
44 Second Reading:
EXHIBIT A
Bayside High School Modernization $ 3,380,000
Elementary School Gymnasium Additions 9,450,000
Farmers' Market/Green Run Area Elementary and Middle School 19,931,000
Kellam High School Modernization 2,050,000
London Bridge Road Area Elementary School 8,116,000
Various Schools Site Acquisition 2,000,000
West Kempsville Area High School 23,448,000
Total 1989 School Bond Referendum $ 68 375 000
-171--i
VI'@ICINIA: IN THE CIRCUIT COURT OF THE CITY OF ViRk-,INTA BEACII
!N TIIE MATTER OF
TTiE ISSUANCE OF' SCHOOL BONDS
OF TEE CITY OF VIRGINIA BEACI-1,
V'IRGINIA, IN 'I@TIE MAXIMUM
AMOIJNT OF $68,375,000
0 R D E R
There liaving bcen presented to the Court a certified
copy of an ordinance adopted by the Council of the City of
Virginia Beach, Virginia, on AugUst 1 1989, aiathorizing the
i.ssuance of school bonds of the City in the maxi,mum amount of
$68,375,000, subject to the approval of the qi.ialified voters, aild
'requesting the Court to order an electiori on the question of
i.ssuing such bonds as general obligations of the City, together
with evidence of the. holding of a public hc,,aring on such
ordinance as requir@,d by Section 15.1-173..l of the Code of
V:,Lrgiriia Of 1950, as @unend(,.d; and it appearing that such
r,rdinancc- has been duly adopted, it i,s bereby ADJUDGED AND
C)RDERED as fc)l.lows:
A. Cuc:h ordi,nance i.s her(@by filc,,d.
2. The regular clccti.on offi.ccrs of thc,, Ci-ty of
V.Li:giiiia Beach sheill on tlie 7tli day of Novc-ynber, 1989, tliat bei.ng
,-,l @lay riot less thari sixty days from thc datc herc@of, not witl-,Iin
sixty days prior to @i general- or p:rirnary election and not the
s@ime day as a primary elcction, hold a spocial el.ection in
accordance with Section 24.1-165 of the Code of Vi-rginia of 3-950,
as amended, and take the sense of the qualified voters of the
City of Virginia Beach on the question of issuing general
obligation bonds of the City for the purpose set fortli in such
ordinance.
3. The ballot to be used at the election shall. pose
the question in substantially the following form:
SCHOOL
shall the City of Virginia Bcach contract a
debt and issue its general obligatiori bonds
in the maximum amount of $68,375,000
pursuant to the City Charter and the Public
Finance Act to provide funds, together with
other available funds, to finance continuing
development of the City's school. systern
including site acquisition a.nd construction,
enlargement, renovation and equd.pping of
schools aiid related facilities including,
among other projects, the followirig:
Bayside High School Modernization,
Elementary School Gymnasium Additions,
Farmers' Market/ Green Run Area Elementary
and Middle School, West Kempsville Area High
School, Kellam High School Modernizatioli,
and Lozidon Bridge Road Area Eloincntary
School?
4. 7'he election shall bc conductcd and the ballots
(,ounted and the returris made and carivassed in thc manner providcd
by law, and the results thereof shall be certified to this Court
and to the City Counci.l.
5. A copy of this order shall serve as tlie wri.t of
election. The Sheriff of the City of Vi.rgi.nia Beach shall
fortliwith servc a certified copy of this order upon Sliirley H.
2
Mulder:rig, Secretary of the Electoral Board of tbc City of
Virginia Beach, and shall make his return to the Court tbat he
has executed the same.
6. The Clerk of this court shall cause a certified
copy of this order, preceded by the caption "NOTICE OF BOND
ELECTION," to be published twice in the Virginian Pilot, a
newspaper having general circulation in the ci.ty, which
publication the Court hereby finds will be suf f icient to give due
publicity to such clection. At least one of such publications
sliall be made not less than ten days before the election.
7. The Clerk of this Court shall forthwith send a
certified copy of this order to the State Board of Elections.
FNTER: 1989
Judge
We ask for this:
Kevin J. Cosgrove
'Interim City Attorney
Miinicipal Center
Virginia Beach, VA 23456
(804) 42?-4531
Harry Frazier, III
@luriton & Williams
P. 0. Box 155
Richmond, VA
(804) 778-8432
Counsel for tlie City
of Vi.rginia Beach
3
- 14 -
I tem I V-G. 1
PUBLIC HEARING
PLANNING ITEM # 31632
Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on:
PLANNING
1. PLANN114G - RECONSIDERATIONS
(a) MRS. LJRSULA JONES CONDITIONAL USE PERMIT
2. PLANNING
(a) W & K ASSOCIATES STREET CLOSURE
(b) KENNETH L. SEAY, SR. STREET CLOSURE
(c) GEORGE C. MAIN, JR.
AND H. WAYNE McGRAW VARIANCE
(d) VIRGINIA BEACH CHRISTIAN
OUTREACH GROUP, INC. CONDITIONAL USE PERMIT
(e) FIRESTONE TIRE AND RUBBER COMPANY CONDITIONAL USE PERMIT
(f) ECONO LUBE-N-TUNE CONDITIONAL USE PERMIT
(9) CHRISTOPHER ULMAN CONDITIONAL USE PERMIT
(h) THE VIRGINIA BEACH DEVELOPMENT
AUTHORITY CONDITIONAL ZONING CLASSIFICATIONS
(1) CITY ZONE ORDINANCE AMENDMENTS a. Article 14, Section 1402 re:
Wetlands
b. Article 16, Section 1600 and
1601 re: Coastal Primary Sand
Dune Zoning
c. Sections 111, 901, 1511 and 1521
re Bingo Halls
- 15 -
Item V-G.I.a
PUBLIC HEARING
PLANNING - RECONSIDERATION ITEM # 31633
The following registered In SUPPORT ot the application:
Dr. Carolyn Jones, Vetenarian, 1094 Diamond Springs Road, Phone: 464-6009,
daughter of Ursula Jones, represented herself. Dr. Jones distributed
additional copies of her letter of May 26, 1989, relative clarification of her
application for RECONSIDERATION of conditions (Copy of said letter is hereby
made a part of the record.)
Upon motion by Councilman Perry, seconded by Councilman Heischober, City
Council APPROVED WAIVER of Conditions 1 and 3 in the Ordinance upon application
of URSULA A. JONES for a Conditional Use Permit (ADOPTED: Septeinber 14, 1987)
ORDINANCE UPON APPLICATION OF MRS. URSULA JONES FOR
A CONDITIONAL USE PERMIT FOR AN ANIMAL HOSPITAL
R09871081
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Mrs. Ursula Jones for
a Conditional Use Permit for an animal hospital on
certain property located on the east side of
Diamond Springs Road, 1982 feet south of She I I
Road. Said parcel contains 1.346 acres. Plats with
more detailed information are available in the
Department of Planning. BAYSIDE BOROUGH.
The conditions to be WAIVED:
1. Gat-egary ii p'aFl*iFig 15 Fequir-ed as ser-eeFi!Rg aleng
the ner-t-hefn end and oester,i pi-opoi-ty
3. Gat-egaFy "I 5ereenimg (Gypre" Trees al I be
prnui,led lweei I-I'le pa!,If..y ium di,d
the di+ch-.
Voting: 10-1
Councli Meml>ers Voting Aye:
Albert W. Balko, John A. Baum, Vice %yor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker,
John L. Perry and Wililam D. Sessorns, Jr.
Council Members Voting Nay:
Reba S. McCianan
Council Members Absent:
None
- 16 -
Item IV-H.2.
PUBLIC HEARING
PLANNING ITEM # 31634
Attorney Jeffrey Haymaker, 3209 Stapleford Chase, Phone: 431-3150, represented
the applicant
Upon motion by Vice %yor Fentress, seconded by Councilman Heischober, City
C)ouncil AUTHORIZED FINAL APPROYAL of an Ordinance upon application of W & K
ASSOCIATES for the discontinuance, closure and abandonment of a portion of
Whitehurst Landing Road.
Application of W & K Associates, a Virginia General
Partnership, for the discontinuance, closure and
abandonment of a portion of Whitehurst Landing Road
beginning on the west side of Kempsville Road,
94.52 feet south of Whitehurst Landing Road and
running In a northerly direction a distance of
150.16 feet. Said parcel is variable in width and
contains 12,426.6 square teet. Plats with more
detailed Information are available In the
Department of Planning. KEMPSVILLE BOROUGH.
Voting: 7-4
Council Members Voting Aye:
Albert W. Balko, John A. BaLrn, Vice Veyor Robert E.
Fentress, Harold Heischober, Nancy K. Parker, John L.
Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
Barbara M. Henley, Reba S. McClanan, John D. Moss and
%yor Voyera E. Oberndorf
Council Members Absent:
None
ORDINANCE NO.
IN THE MATTER OF CLOSIXG, V@.CATING AND
DISCONTINUING A PORTION OF THAT CERTK!N
STREET I<NOWN AS WHITEHURST LANDING ROAD,
BEING THIRTY FEET IN WIDTH AND LYING
BETWEEN THAT PORTION OF WHITEHURST LANDI@@G
ROAD WHICH IS SIXTY FEET IN @QIDTH AND
KEMPSVILLE ROAD.
WHEREAS, i-t anpearing bv Affi-davit that prope- notice
has been given by W@UK Associates, a Virgi@-lia general partner-
ship, that it would make application to Council of the City
of Vi--g4-nia Beach on Feb-@uary 27, 1989 a@@ 6:00 p.-@.q. to have
the hereinafter described s@@@-eet discontinued, closed, and
vacated; and
WHEREAS, it is the Judgepent of the Councii- that sai-d
street be d@-scon+--inued, closed and vacated;
NOW THEREFORE,
SECTION I
BE IT ORDATNED by Council of -@he City of Virginia Beach,
Vi-rginia that the street (more particularly descri-bed on the
at'lached Exhibit A and by re-@-erence thereto .nade a part
hereof), be discontirue-d, c7-osed and vacated.
SECTION II
A certi-@i-ed copy of th4-s Ord"nance shal@'L be recorded in
the Clerk's Office of the City o.' Vi-rginia Beach, Virginia
indexed in the name of the City of Vi-rgin4-a Beach.
GPIN# 1466-30--.676
GPIN# 1466-30-3596
SECTION !II
Adopted by -@he counc4-', of '-he Ci-@y of Virainia Beach,
Virgiiiia on the day of --, 1989.
FINAL APPROVAL: AUGUST 14, 1989
I
EXHIBTT A
All that port!-on of Whi-lehurst Landing Road bei-ng thirty (30)
as shown on the attached r!-at referenced below and on that
certai-n plat entitled "Amended Plat of Birnam Woods, Parts 1
& 2, Sec'-ion of Chatham Hall, Kenpsville Borough, Virginia
Beach, Virginia,'- dal-ed March ", 1977, prepared by Talbo@- &
Associates, Ltd., and recorded in the Clerk's offi-ce of the
Circuit Court of the C4-ty of virg;-nia Beach, Virginia in Map
Book 1119 at Page 54.
Beginning at a point in the no--thern right of way of line of
KEMPSVILLE ROAD (VARIABLE R/W), which sai-d point is the
i--ter,7@,otion of WHITEHURST LANDING ROAD (30'R/W)
and KEMPSVILLE ROAD (VARIABLE R/W) as shown on said plat and
from said @oint of beg4-nning, thence turning and running N
20'1214211 W 256.45 feet to a point in the southern right of
way li-iie of WHITEHURST LANDING ROAD (60' R/W) as shown on
said plat; thence turning and running in a southeasterly
direction alcng a curve to the left having a radi-us of 290.29
feet, a distance of 70.08 feet to a point, which sa,'-d point
is in the eastern line of WHITEHURST T-AITDING ROAD (301 R/W)
as shown on said plat; thence turning and running S 20'1214211
E 150.16 feet to a poi-nt which sai-d point is in the northern
right of way line of KEMPSVILLE ROAD (Variab'le R/W) as shown
on said plat; thence turning and running along said northern
right of wav line of NEMPSVILLE ROAD (Variable R/W) along a
curve to the left having a radi-us of 131.19 feet, a distance
of 12.70 feet; thence continuing along said northern right of
way line of KElfiPSVILLE ROAD (Variable R/W) along a curve to
the left having a radius of 936.34 feet, a distance of 39.88
feet to a noint, being the poi-nt o@- beginning. A copy of
said plat visually describing the port4 on o-P the street
referenced herein 4-s on f-@-Ile in the City Attorney's Of,-ice of
the --;@ty of Virginia Beach.
SAVE and EX-IEPT a twenty fcot (201) drainage easement and a
.lwc-,IILY rcOL (20@) uti)ity easement across portions of the
above described parcel as shown on -,hat certa,'-n plat entitled
"SUBDIVISION OF PARCEL A AS SHOWN ON @IENDED PLAT OF BIRNAM
WOODS PARTS 1 AND 2 SECTION OF CHATHAM H,',LL (Ref. 14B 119 AT
PG. 54)" dated May 26, 1989, -repa@ed b., Talbot & Associates,
LTD., and recorded in the Clerk's O-ffice of the Circuit Court
in the Ci-ty of Virginia Beach, V4-rginia in Deed Book at
page _
rcb/docs/ordinance
- 17 -
Item iV-G.2.b.
PUBLIC HEARING
PLANNING ITEM # 31635
The City Clerk referenced letter frorn Attorney Malcolm B. Higgins, 11,
requesting WITHDRAWAL. Said letter Is hereby made a part of the record.
Upon motion by Counci lman Balko, seconded by Counci Iman Sessoms, Clty Counci I
ALLOWED WITHDRAWAL of the Ordinance upon application of KENNETH L. SEAY, SR.
for the discontinuance, closure and abandonment of a portion of Bushnell Drive
Application of Kenneth L. Seay, Sr., for the
discontinuance, closure and abandonment of a
portion of Bushnell Drive beginning at the eastern
boundary of General Booth Boulevard and running in
a southeasterly direction to the western boundary
of Bushnell Drive. Said parcel contains 5855.30
square feet. LYNNHAVEN BOROUGH.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baun, Vice Wayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. tkCIanan, John D. Moss, Mayor %yera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
Item IV-G.2.c.
PUBLIC HEARING
PLANNING ITEM # 31636
George C. Main, Jr., 1781 Indian River Road, Phone: 426-6667, the appl lcant,
represented himself.
Upon motion by Councilwoman Henley, seconded by Councilman BaLtn, City rouncil
APPROVED the application of George C. Main, Jr., and H. Wayne McGraw for a
VARIANCE to Section 4.4(b) of the Subdivision Ordinance which requires all lots
created by subdivision to meet al I requirements of the Zoning Ordinance.
Appeal from Decisions of Administrative Offices in
regard to certain elernents of the Subdivision
Ordinance, Subdivision for George C. Main, Jr., and
H. Wayne McGraw. Property Is located at 1781 & 1789
Indian River Road. Plats with more detailed
inforTnation are avai lable in the Department of
Planning. PUNGO BOROUGH.
The followlng condition shall be required:
The fol lowing note shal I be placed on the f inal
plat:
"Lot C is not a building site until sanitary sewer
is available."
Voting: 11-0
Counci I Members Voting Aye:
Albert W. Balko, John A. Baun, Vice %yor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 19 -
Item IV-G.2.d.
PUBLIC IIEARING
PLANNING TTEM # 31637
Richard Powell, President of Virginia Beach Christian Outreach Group, Inc.,
represented the applicant and advised the facility for dining and cooking
facilities will be a frame structure on a slab with an A-frame roof with
siding similar in structure to the other buildings on the property.
Upon motion by Councilman Balko, seconded by Councilman Perry, City Council
ADOPTED an Ordinance upon application of VIRGINIA BEACH CHRISTIAN OUTREACH
GROUP, INC. for a Conditional Use Permit:
ORDINANCE UPON APPLTCATION OF VIRGINTA BEACH
CHRISTTAN OUTREACfl GROUP, TNC. FOR A CONDITIONAL
USE PERMIT FOR A GROUP HOME (DINING & COOKING
FACTLTTTES) R08891240
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Virginia Beach
Christian Outreach Group, Inc. for a Conditional
Use Permit for a group home (dining & cooking
facilities) on the south side of Virginia Beach
Boulevard, 540 feet east of North Birdneck Road.
Said parcel is located at 1049 and 1053 Virginia
Beach Boulevard and contains 41,382 square feet.
Plats with more detailed information are available
in the Department of Planning. LYNNHAVEN BOROUGH
The following conditions shall be required:
1. Existing trees shall remain along the eastern,
western and southern property lines.
2. The use permit for a group home shall be granted
for a period of three years.
3. The utilization of Best Management Practices for
controlling stormwater runoff which are reasonably
applicable to the development of the site.
4. The maximum number of persons residing in the
single-family residence at any one time shall be
limited to twelve (12), including children. The
maximum number of persons residing in the apartment
building shall be limited to twenty (20).
5. Area shall be reserved for future parking
expansion. The applicant agrees to increase the
number of improved parking spaces if deemed
necessary by the Zoning Administrator.
6. Prior to the issuing of a building permit,
finishing schedules (detailing the interior
finishing of the building) must be submitted for
review by the Health Department for the food
service facility.
7. A sprinkler and fire alarm system acceptable to the
City Fire Protection Engineer must be provided in
the proposed building.
- 20 -
Item IV-G.2.d.
PUBLIC HEARING
PLANNING ITEM SS 31637 (Continued)
This Ordin ance s ha II be ef f ective upon the date of adopt ion.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Fourteenth Day of Auqust, Nineteen Hundred and Eighty-ntne.
Voting: 11-0
Council %mbers Voting Aye:
Albert W. Balko, John A. BaLin, Vice Voyor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Voyor %yera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
C,ouncil Members Voting Nay:
None
C<)uncif Members Absent:
None
- 21 -
Ttem IV-G.2.e.
PUBLIC HEARING
PLANNTNG TTEM # 31638
Attorney Robert Cromwell, Pembroke One, Phone: 499-8971, represented the
applicant
Upon motion by Councilwoman McClanan, seconded by Councilman Sessoms, City
Council ADOPTED an Ordinance upon application of THE FIRESTONE TIRE & RUBBER
COMPANY for a Conditional Use Permit:
CONDTTION NO. 1 RELATED TO CATEGORY VI SCREENING WAS DELETED:
ORDINANCE UPON APPLICATION OF THE FIRESTONE TIRE &
RUBBER COMPANY FOR A CONDTTIONAL USE PE@NITT FOR AN
AUTO REPAIR ESTABLTSHMENT R08891241
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGTNTA BEACH, VIRGINIA
Ordinance upon application of The Firestone Tire &
Rubber Company for a Conditional Use Permit for an
auto repair establishment on the west side of
General Booth Boulevard, 141 feet north of Dam Neck
Road. Said parcel contains 23,958 square feet.
Plats with more detailed information are available
in the Department of Planning. PRINCESS ANNE
BOROUGH.
The following conditions shall be required:
1. Reqdired Gategery V@
PI-,Ibmi-t:t:P(4 sit@ plan Cat:QgGry @II Rcr-eening A,i33, LQ
@eqHiFed dufing detailed site P12A
4
,,2rj2nca from the Appeals is
obta!i,ted.
2. No outside storage of automobile parts will be
allowed.
3. No outside storage of vehicles will be permitted
outside of normal business hours.
4. This site will not allow any curb cuts on General
Booth Boulevard.
5. There shall be appropriate qcrppning for thp
dumpster with a wall similar to the r-onstruction of
the biiildinp.
6. The utilization of Best lqanagement Practices for
controlling stormwater runoff which are reasonably
applicable to the development of the site and in
keeping with the recornmendations for the proposed
Back Bay/North Landing River Management District.
- 22 -
Item IV-G.2.e.
PUBLIC HEARING
PLANNING ITEM # 31638 (continued)
This Ordinance shall be effective upon the date of adoption.
Adopted by the Oounc II of the Ci ty of Vi rg in ia Beach, Vi rg in la , on the
Fourteenth Day of August, Nineteen Hundred and Eighty-nine.
Voting: 11-0
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, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
C<)uncil Members Absent:
None
- 23 -
Item IV-G.2.f.
PUBLIC HEARING
PLANNING ITEM # 31639
Phillip J. Roehrs, 321 Cleveland Place, represented the applicant
Upon motion by Councilwoman McClanan, seconded by Councilman Sessoms, City
Council ADOPTED an Ordinance upon application of ECONO LUBE-N-TIJNE for a
Conditional Use Permit:
CONDITION NO. I RELATED TO CATEGORY VI SCREENING WAS DELETED:
ORDINANCE UPON APPLICATION OF ECONO LUBE-N-TUNE FOR
A CONDITIONAL USE PERMIT FOR AN AUTOMOBILE REPAIR
GARAGE AND CAR WASH FACILTTY R08891242
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CTTY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Econo Lube-N-Tune for
a Conditional Use Permit for an automobile repair
garage and car wash facility on Lots 4, 5, 6 & 7,
Gibson Property. Said parcel is located on the west
side of Lynnhaven Parkway, 656 feet south of
Riverbend Road and contains 1.03 acres. Plats with
more detailed information are available in the
Department of Planning. PRINCESS ANNE BOROUGH.
The following conditions shall be required:
1. Requ@Fe4 gatpgo@y 341 SCr-@ePiDg 1,122 POt th@
R,,Lmit:tad site plan Categgry Vi sGreeR4:Fig if4:11 be
Fequired dur-ing deta@led it ttft4-ess' a
@,@ria3a'a ErGm thQ 2Aa Appeals is
obt:;;iped.
2. Tnternal lot lines shall be vacated by recorded
plat.
3. No outside storage of automobile parts will be
allowed.
4. No outside storage of vehicles will be permitted
outside of normal business hours.
5. This site will not allow any curb cuts on Lynnhaven
Parkway.
6. The utilization of Best Management Practices for
controlling stormwater runoff which are reasonably
applicable to the development of the site.
- 24 -
Item IV-G.2.f.
PUBLIC HEARING
PLANNING ITEM # 31639 (Continued)
This Ordlnance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Fourteenth Day of August, Nineteen Hundred and Eighty-nine.
Voting. 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Nbyor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 25 -
Item IV-G.2.g.
PUBLIC HEARING
PLANNING ITEM # 31639
Greg Pugh, 3330 Pacific Avenue, represented the applicant
Albert Jensen, owner of the property, advised Christopher Ulman is purchasing
approximately a one-half acre of land from Owls Creek Commerce Center, a
CondominiLn, and will be the developer of the building as a general
contractor.
Upon motion by Councilman Balko, seconded by Vice Veyor Fentress, City Council
ADOPTED an Ordinance upon application of CHRISTOPHER ULMAN for a Conditional
Use Permit:
ORDINANCE UPON APPLICATION OF CHRISTOPHER ULMAN FOR
A CONDITIONAL USE PERMIT FOR AN AUTO REPAIR
ESTABLISHMENT R08891243
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Christopher Ulman for
a Conditional Use Permit for an auto repair
establ Ishment on certa In property located 480.41
feet west of South Birdneck Road beginning at a
point 500 teet more or less north of Beautiful
Street. Said parcel contains 21,736.44 square feet.
Plats with more detai ted information are avai lable
In the Department of Planning. LYNNHAVEN BOROUGH.
The following conditions shall be required:
1. Hours of operation shall be 8:00 a.m. to 6:00 p.m.,
Monday through Saturday.
2. Only vehicles awaiting parts and/or service may be
stored on the site outside of normal buslness
hours.
3. No outside storage of autornobi I e parts wi I I be
allowed.
4. The appl !cant shal I keep the outside area in the
rear of the existing building clean.
5. The uti lization of Best Management Practices for
control I ing stormwater runoff which are reasonably
applicable to the development of the site.
This Ordinance shal I be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Fourteenth Day of August, Nineteen Hundred and Eighty-nine.
- 26 -
Item IV-G.2.g.
PUBLIC HEARING
PLANNING ITEM # 31639 (Continued)
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Wayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, @yor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
C)ouncil Members Voting Nay:
None
Council Members Absent:
None
- 27 -
Item IV-G.2.h.
PUBLIC HEARING
PLANNING ITEM # 31640
The following spoke in SUPPORT of the application:
Van A. Cunningham, 1304 Taylor Point Road, Chairman - Industrial Development
Authority, represented the applicant
Burrell Saunders, CMSS Architects Phone: 497-5060, represented the City of
Virginia Beach Development Authority
Larry S. Barry, Vice President of Engineering - Langley & McDonald, 5556
Greenwich Road, Phone: 473-2000,
Ricliard Browner, 2097 81st Street, Phone: 425-8400, represented adjacent
property owners.
OPPOSITION:
Henry L. Gordner, 1928 Weybridge Circle, Phone: 427-6858, represented the
Courthouse-Sandbridge Civic Organization. Henry L. Gordner distributed a list
of concerns which are hereby made a part of the record.
Upon motion by Councilman Heischober, seconded by Vice @layor Fentress, City
Council ADOPTED Ordinances upon application of THE VIRGINIA BEACH DEVELOPMENT
AUTHORITY for Conditional Zoning Classification:
ORDINANCE UPON APPLICATION OF THE VIRGINIA BEACH
DEVELOPMENT AUTHORITY FOR ACONDITIONAL ZONING
CLASSIFICATTON FROM AG-1 TO 1-1 Z08891252
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of The Virginia Beach
Development Authority for aConditional Zoning
Classification from AG-1 Agricultural District to
1-1 Light Industrial District on the following
parcels:
Parcel 1: Located 600 feet west of General Booth
Boulevard beginning at a point 3200 feet more or
less north of London Bridge Road Relocated.
Parcel 2: Located 1200 feet more or less west of
General Booth Boulevard beginning at a point 1200
feet more or less north of London Bridge Road
Relocated.
Said parcels contain 75.6 acres. Plats with more
detailed information are available in the
Department of Planning. PRTNCESS ANNE BOROUGH.
A N D,
- 28 -
Item IV-G.2.h.
PUBLIC HEARING
PLANNING TTEM #31640 (Continued)
ORDINANCE UPON APPLICATION OF THE VIRGINIA BEACH
DEVELOPMENT AUTHORITY FOR A CONDITIONAL ZONING
CLASSIFTCATION FROM AG-1 TO B-2 Z08891253
BE IT HEREBY ORDATNED BY THE COUNCIL OF THE CITY OF VIRGTNTA BEACH, VIRGINTA
Ordinance upon application of the Virginia Beach
Development Authority for a Conditional Zoning
Classification from AG-1 Agricultural District to
B-2 Community Business District on the following
parcels:
Parcel 1: Located 600 feet west of General Booth
Boulevar@ beginning at a point 1420 feet more or
less northeast of London Bridge Road Relocated.
Parcel 2: Located 600 feet west of General Booth
Boulevard beginning at a point 3200 feet more or
less northeast of London Bridge Road Relocated.
Said parcels contain 12.2 acres. Plats with more
detailed information are available in the
Department of Planning. PRINCESS ANNE BOROUGH.
A N D,
ORDINANCE UPON APPLICATION OF THE VIRGINIA BEACH
DEVELOPMENT AUTHORITY FOR A CONDITIONAL ZONING
CLASSIFICATTON FROM AC-2 TO B-2 Z08891254
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACII, VIRGINIA
Ordinance upon application of The Virginia Beach
Development Authority for a Conditional Zoning
Classification from AG-2 Agricultural District to
B-2 Community Business District on the following
parcels:
Parcel 1: Located on the west side of General Booth
Boulevard beginning at a point 990 feet more or
less north of London Bridge Road Relocated.
Parcel 2: Located on the west side of General
Booth Boulevard beginning at a point 3100 feet more
or less north of London Bridge Road Relocated. Said
parcels contain 26.3 acres. Plats with more
detailed information are available in the
Department of Planning. PRINCESS ANNE BOROUGH.
A N D,
- 29 -
Item TV-G.2.h.
PUBLIC HEARING
PLANNING ITEM # 31640 (Continued)
ORDINANCE UPON APPLICATION OF THE VIRGINIA BEACH
DEVELOPMENT AUTHORITY FOR ACONDITIONAL ZONING
CLASSIFICATION FROM AG-2 TO I-I Z08891255
BE IT HEREBY ORDATNED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of The Virginia Beach
Development Authority for aConditional Zoning
Classification from AG-2 Agricultural District to
T-1 Light Industrial District on certain property
located on the west side of General Booth Boulevard
beginning at a point 1800 feet more or less north
of London Bridge Road Relocated. Said parcel
contains 6.1 acres. Plats with more detailed
information are available in the Department of
Planning. PRINCESS ANNE BOROUGH.
1. Agreement encompassing proffers shall be recorded
with the Clerk of the Circuit Court and is hereby
made a part of the proceedings.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Fourteenth Day of August, Nineteen Hundred and Eighty-nine.
Voting: 10-1
Council Members Voting Aye-
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
Reba S. McClanan
Council Meinbers Absent:
DEVELOPMENT AUTHORITY OF THE
CITY OF VIRGINIA BEACH, VIRGINIA
TO (COVENANTS AND CONDITIONS)
CITY OF VIRGINIA BEACH,
a municipal corporation of
the Commonwealth of Virginia
THIS AGREEMENT, made this 3rd day of July, 1989, between
DEVELOPMENT AUTHORITY OF THE CITY OF VIRGINIA BEACH, VIRGINIA,
E.S.G. ENTERPRISES, INC., and THE DOUSTAN PARTNERSHIP (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 change the
classification of the Grantor's property from AG-1 and AG-2 to
1-1 and B-2, on certain propcrty containing a total of 120.2 acres,
more or less, in Princcss Anne Borough, in the City of Virginia
Beach, Virginia, said property being referred to hcreinafter as
"the property," and being generally described as follows:
PARCEL ONE:
ALL THAT certain lot, piece or parcel of land,
together with the improvements thereon, lying,
situate and being in the Princess Anne Borough,
City of Virginia Beach, Virginia, and
designated and described as 1121.815 AC." on a
certain plat of survey entitled "SURVEY OF
PROPERTY OF ROBERT L. SAMUELS, Deceased, and
EVA J. SAMUELS, widow, now EVA J. LEE, Deed
Book 371, at page 375, Map Book 6, page 71,
Princess Anne Borough, Virginia Beach, Va."
dated January 23, 1980, and made by rallup
Surveyors and Engineers, Ltd., which plat is
recorded in the clerk's office of the Circuit
Court of the City of Virginia Beach, Virginia,
in Map Book 139, at page 2; LESS AND EXCEPT
that portion of property designatcd "Take Area
19,054.491 Sq. Ft." as shown on that ccrtain
plat entitled "Plat of Parcel 046 General Booth
Boulcvard Property of Tim's Cliristmas Tree Farm
Associates, Deed Book 2183, page 1241, Map Book
139, page 2, Right of Way Acquisition Plat for
Parcel General Booth Boulevard, Phase I, for
City of Virginia Beach, Talbot & Associates,
Ltd.11 recorded in Map Book 166, at page 10,
which was acquired by the City of Virginia
Beach for road widening purposcs in Dccd Book
2265, at page 1470.
IT BEING the same property conveyed to E.S.G.
Enterprises, Inc., a Virginia stock
corporation, by Tim's Christmas Tree Farm
Associates, a Virgillia limited partnership, by
deed dated May 29, 1985, and recorded in the
aforesaid Clerk's Office in Deed Book 2414, at
page 2052.
PARCEL TWO:
ALL THAT certain lot, piece or parcel of land
together with the buildings and improvements
thereon situate in the city of Virginia Beach,
Virginia and known, described and designated
as 24-1/2 acres, more or less, as shown on that
certain plat and survey entitled "L.L. Winder
Property" which plat or survey is recorded in
the Clerk's Office of the Circuit Court of the
city of Virginia Beach in Map Book 7, at page
204; said 24.5 acres being the northern portion
of Farm #2 and more particularly described as
follows: Beginning at a station on the Eastern
Shore Public Road 5901 northerly from Station
"A" as shown on the said plat, and running
thence westerly along the line of Crutchlow
23901 to the western line of said Farm #2;
thence northerly along the western line of Farm
#2 330.6' to Station "C"; thence along the
dividing line of Farm #2 and Farm #3 2460' to
the eastern Shore Public Road at Station "R";
thence southerly along said road 476.8' to the
point of beginning; EXCEPT THAT PORTION
condemned by the City of Virginia Beach and
described as follows: All that certain lot,
tract or parcel of land together with th.e
improvements thereon belonging, lying, situated
and being in the City of Virginia Beach,
Virginia and designated and described as "TAKE
AREA = 21,137.076 SQ. FT." (0.485 ac) as shown
on that certain plat entitled: "R/W
ACQUISITION PLAT FOR GENERAL BOOTH BOULEVARD
PARCEL 037 ANNIE W. PUTRELL ESTATE D.B. 228,
P. 337 M.B. 7, P. 204 PARCEL 039 AREA CLAIMED
BY SMITH AND FUTRELL PARCEL 041 ROSA H. SMITH,
WIDOW, D.B. 660, P. 143, M.B. 7, P. 204, FOR
CITY OF VIRGINIA BEACH, VIRGINIA, SCALE:
1"=50', TALBOT & ASSOCIATION, LTD., 100
LANDMARK SQUARE, VIRGINIA BEACH, VIRGINIA
23452." Said plat is recorded in Map Book 174,
at page 61 in the Clerk's Office of the Circuit
Court of the City of Virginia Beach; togtther
with the temporary rights and easement to use
the additional areas shown on the aforesaid
plat for construction cut and/or fill slopes
as being required for the property execution
and maintenance of work, containing 2,812.895
square feet (.065 ac). Said easement will
terminate when the City grades the property
adjacent to the lands to be conveyed so that
there no longer exists the necessity for
maintenance or until such time all
construction has terminated and the City
accepts the work as being completed. Together
with an 11,250 sq. ft./.258 ac. Vepco easement
as shown on the aforesaid plat; and, further,
EXCEPT THAT PORTION of the property, IF ANY,
2
condemned by the City of Virginia Beach,
Virginia, and described as follows:
ALL TIIAT certain lot, tract or parcel of land
together with improvements thereon belonging,
lying, situated and being in the City of
Virginia Beach, Virginia, and designated and
described as: "TAKE AREA = 583.054 SQ. FT.
( .013 ac) " as shown on that certain plat
entitled: "R/W ACQUISITION PLAT FOR GENERAL
BOOTH BOULEVARD, PARCEL 037, ANNIE W. FUTRELL
ESTATE, D.B. 228, P. 337, M.B. 7, P. 204,
PARCEL 039, AREA CLAIMED BY SMITH AND FUTRELL
PARCEL 041 ROSA H. SMITH, WIDOW D.B. 660, P.
143, M.B. 7, P. 204, FOR CITY OF VIRGINIA
BEACH, VIRGINIA, TALBOT & ASSOCIATES, LTD. , 100
Landmark Square, Virginia Beach, Virginia
2 3 4 5 2 .11 Said plat being recorded in the
Circuit Court of the City of Virginia Beach,
Virginia, to which reference is made for a more
particular description.
Together with the temporary right and easement
to use the additional areas shown on the
aforesaid plat for construction cut and/or fill
slopes as being required for the property
execution and maintenance of work, containing
112.063 square feet (.003 ac). Said easement
will terminate when the City grades the
property adjacent to the lands to be conveyed
so that there no longer exists the necessity
for maintenance or until such time all
construction has terminated and the City
accepts the work as being complete.
Together with a 20' VEPCO easement as shown on
the attached plat.
IT BEING the same property conveyed to E.S.G.
Enterprises, Inc., by Deed of Richard G.
Brydges, Administrator of the Estate of Annie
W. Futrell, (deceased) , dated October 29, 1984,
and recorded in the Clerk's Office of the
Circuit Court of the City of Virginia Beach,
in Deed Book 2370, at page 1804.
PARCEL THREE:
ALL THAT certain lot of land, with the
buildings and improvements thereon, situate in
Seaboard Magisterial District, of Princess Anne
County, Virginia, being on the Northwesterly
side of Eastern Shore Public Road, containing
thirty (30) acres, more or less, more
particularly described as the Southwesternpart
of Farm #2, sliown on the Plat entitled "L.L.
Winder Property, Princess Anne County, Va. , as
founded by W.H. Overman and C. F. Gregson",
duly recorded in the Clerk's Office of the
Circuit Court of Princess Anne County (now City
of Virginia Beach), Virginia, in Map Book 7,
at page 204, and more particularly described
as follows:
BEGINNING at the southwesterly corner of Farm
#2, as shown on said Plat, which is marked
point "A"; thence Northwesterly along the
3
dividing Line between Farms #1 and #2, 2281
feet, more or less to a point marked "B", as
shown on said Plat; thence North 43 degrees 34
niinutes East along the Northwestern boundary
line of tract hereby conveyed, 554 feet to a
point; thence in a general Southeasterly
direction (the approxiniate parallel with the
first course), a distance of approximately 2390
feet to a point on the Northwesterly side of
Eastern Shore Public Road, which is the same
road leading from Oceana to Princess Anne
Courthouse, which point is distant 590 feet
Northeast of the point of beginning as measured
along the Northwestern side of said public
road; thence along the Northwesterly side of
said road South 56 degrees 19 minutes West 590
feet to the point of beginning.
SECOND:
ALL THAT certain tract, piece or parcel of
land, with the improvements thereon, and the
appurtenances thereunto belonging, situate,
lying and being in the Seaboard Magisterial
District, in the County of Princess Anne,
Virginia, fronting on the Nimmo-Oceana Road,
and being more particularly bounded and
described with reference to a certain plat and
survey, made by W.J. Overman and C.F. Gregson,
marked Plat of L.L. Winder Property, Princess
Anne County (now City of Virginia Beach) ,
Virginia," duly recorded in the Clerk's Office
of the Circuit Court of the City of Virginia
Beach, Virginia in Map Book 7, at page 204, the
parcel thereby conveyed being more particularly
designated on the said plat as follows: ALL
of that tract of land designated on said Plat
as "FARM #1, containing 45.3 acres."
LESS, SAVE AND EXCEPT that portion of property
conveyed to Indie Irene Flora by Deed recorded
in Deed Book 989, page 220; and Parcel 039
(.013 ac.) and Parcel 041 (1.246 acs.) which
were conveyed to the City of Virginia Beach by
deed recorded in Deed Book 2246, at page 866
and Map Book 163, at page 38 and in Deed Book
2315, page 1757 and Map Book 174, at page 61.
IT BEING the same property conveyed to Doustan
Partnership, a Virginia limited partnership,
by deed of Herman Larry Smith, Sr., et als,
dated December 4, 1987, and recorded in the
Clerk's Office aforesaid in Deed Book 2695, at
page 1605; and
WHEREAS, the Grantee's policy is to provide only for the
orderly development of land, Eor various purposes, including
industrial purposes, through zoning and other land development
legislation; and
WHEREAS, the Grantor acknowledges that the competing and
sometimes incompatible uses conflict and that in order to permit
4
differing uses on and in the area of the subject property and at
the same time to recognize the effects of change, and the need for
various types of uses, including industrial and office, certain
reasonable conditions governing the use of the property for the
protection of the community that are not generally applicable to
land similarly zoned I-1 and B-2 are needed to cope with the
situation which the Grantor's rezoning application gives rise to;
and
WHEREAS, the Grantor has voluntarily proffered in
writing, in advance of and prior to the public hearing before the
Grantee, as a part of the proposed amendment to the Zoning map, in
addition to the regulations provided for the I-1 and B-2 zoning
district or zone by the existing overall Zoning Ordinance, 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
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 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
5
Grantee advertised pursuant to the provisions oE 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, TIIEREFORE, the grantor, for himself, his successors,
assigns, grantees, and other successors in title or interest,
voluntarily and without any requirement by or exaction from the
Grantee or its governing body and without any element of compulsion
or 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, its personal representatives, assigns,
grantees and other successors in interest or title, namely:
The Grantor shall develop the property as three (3)
separate and distinct districts, each subject to restrictions
hereinafter described. They are the research and development
office warehouse district (R&D); the medium density office district
(MDO); and the mixed use development district (MXD2). The
districts will be set approximately as shown on the zoning and
development district plans exhibited to City Council and on file
in the Department of Planning of the City of Virginia Beach.
ilowever, since the locations of Culver Lane/White Parkway and
Corporate Landing Drive have not yet been precisely.determined, it
is presently impossible to define the precise internal borders of
the districts by metes and bounds description. After the precise
locations of these roads have been determined by the City, the
Grantor will cause a survey to be prepared which will describe the
precise boundaries of each district. The aforesaid survey shall
be submitted to the Council of the City of Virginia Beach for
approval and, if approved, shall be recorded in the Office of the
6
Clerk of the Circuit Court of the City of Virginia Beach, together
with a certified copy of an ordinance or reso'@ution confirming the
approval of the survey, which said ordinance or resolution shall
be conclusive evidence of such approval.
The Grantor covenants and agrees to make a variable width
right-of-way dedication as required for the future extension of
Culver Lane/White Parkway, and a variable width right-of-way
dedication, as determined to be necessary for the future extension
of Corporate Landing Drive.
The Grantor covenants and agrees to use 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.
The Grantor covenants and agrees to leave as many trees
as possible on the parts of the property that are adjacent to the
subdivisions of Strawbridge and Princess Anne Hunt Club. The width
of. this buffer is stated in paragraph 5(c)(1). The Grantor
covenants and agrees to require submission of a detailed tree
protection plan at the time each individual site is developed by
the Developer of said site.
The Grantor covenants and agrees to install drainage for
Corporate Landing Drive and Culver Lane/White Parkway for its
entire right-of-way and provide adequate sized lakes to handle the
drainage.
The Grantor covenants and agrees that no building permits
will be applied for in any of the property for which B-2 zoning is
proposed until July 1, 1990.
The Grantor is currently preparing the design criteria
for the property, which design criteria shall precisely state how
the property is to be developed. The design criteria shall address
the siting of a building on the property, the fences on the
7
property, the landscaping of the property, the lighting of the
property, the signage that will be allowed on the property, the
materials that will be allowed in the buildings on the property,
and how plans that are submitted to the Grantor will be reviewed
and approved by the Grantor. When the design criteria have been
completed by the Grantor, it will be submitted to the Council of
the City of Virginia Beach for approval and, if approved, shall be
filed with the City Clerk of the City of Virginia Beach, Virginia,
together with a certified copy of an ordinance or resolution
confirming the approval of the design criteria, which said
ordinance or resolution shall be conclusive evidence of such
approval. The ordinance or resolution shall also be filed in the
Office of the Clerk of the Circuit Court of the City of Virginia
Beach. The design criteria shall not be filed in the Office of the
Clerk of the Circuit Court of the City of Virginia Beach, due to
its length.
1: The following uses shall be the only uses permitted within each
district. Those uses requiring a conditional use permit from City
Council shall continue to be required to obtain said conditional
use permit, and City Council by accepting this proffer, does not
grant the right to place any conditional uses within the property.
RE,D: RESEARCH AND DEVELOPMENT OFFICE WARE14OUSE DISTRICT
This classification. refers to the deveiopment of one and two
story office/warehouse buildings.
USE
1. Business, medical, financial, nonprofit., professional
and similar office buildings in conjunction with an
office/warehouse environment.
2. Establishments such as linen suppliers, freight movers,
communication services and canteen services.
3. Establishments which deliver merchandise in bulk by truck
or van.
4. Light assembly, processing, extracting, packaging or
fabricating establishments.
5. Motion picture studios.
6. Printing lithographic or publishing establishments.
8
7 Public utilities installations and substations including
offices.
8. Radio or television transmission and relay stations.
9. Wholesaling, warehousing, storage or distribution
establishments.
10. Eating and drinking establishments in connection with
other perniitted uses (no f ree-standing restaurant sites).
ii. Accessory uses and structures which may be reviewed and
approved by the City of Virginia Beach Zoning
Administrator which are clearly incidental and
subordinate to principal uses in accordance with the
Virginia Beach Comprehensive Zoning ordinance.
MDO DISTRICT: MEDIUM DENSITY ORPICE Usr
This classification refers to the development of mid-rise
office buildings.
USE
1. Business, medical, financial, nonprofit, professional,
and similar office buildings.
2. Eating and drinking establishments in connection with
other permitted uses (no Eree-standing restaurant sites).
3. Motion picture studios.
4. Printing, lithographic or publishing establishments.
5. Recreational facilities of an outdoor nature in
accordance with the Virginia Beach Comprehensive Zoning
Ordinance.
6. Vocational, industrial and trade schools.
7. Recreational facilities other than those of an outdoor
nature.
8. Public and private schools, colleges and universities.
9. Public utility facilities.
10. Accessory uses and structures which may be reviewed
and approved by the City of Virginia Beach Zoning
Administrator which are clearly incidental and
subordinate to principal uses in accordance with
the Virginia Beach Comprehensive Zoning Ordinance.
MXD2 DISTRICT: MIXED USE DEVELOPMENT
This classification refers to the development of a mixed use
complex that would provide retail shops, restaurants, office
space, and similar uses.
9
USE
1 Automobile service stations or repair facilities that
perform the same functions as cited in SS 111 of the
Virginia Beach Zoning Ordinance.
2. Bakeries, confectioneries and delicatessens, provided
that products prepared or processed on the premises shall
be sold only at retail and only on the premises.
3. Business studios, offices, and clinics.
4. Car wash facilities, provided that: (i) no water produced
by activities on the zoning lot shall be permitted to
fall upon or drain across public streets or sidewalks or
adjacent properties; (ii) a minimum of three (3) off-
street parking spaces for automobiles shall be provided
for each car wash space within the facility.
5. Child care and child care education centers.
6. Drugstores, beauty shops and barbershops.
7. Eating and drinking establishments without drive-through
windows.
8. Financial institutions.
9. Florists, gift shops and stationery stores.
10. Service and repair services for business machines, sign
shops and other small service businesses.
ii. Grocery stores, carry-out food stores and convenience
stores any of which are not freestanding but are in a
structure with a gross floor area of less than five
thousand (5,000) square feet.
12. Laboratories and establishments for the production and
repair of eye glasses, hearing aids and prosthetic
devices.
13. Laundry and dry cleaning agencies.
14. Medical and dental offices.
15. museums and art galleries.
16. Job and commercial printing.
17. Personal service establishments, other than those listed
separately.
18. Athletic clubs.
19. Public utilities installations and substations, including
offices.
20. Repair and sales for radio and television and other
household appliances, except where such establishments
exceed two thousand five hundred (2,500) square feet of
floor area.
21. Retail establishments, other than those listed
separately, including the incidental manufacturing of
goods for sale only at retail on the premises; retail
sales and display rooms.
10
22. Veterinary establishments and commercial kennels,
provided that all animals shall be kept in soundproofed,
air-conditioned buildings.
23. Accessory uses and slructures which may be reviewed and
approved by City of Virginia Beach Zoning Administrator
which are clearly incidental and subordinate to principal
uses in accordance with the Virginia Beach Comprehensive
Zoning Ordinance.
2: The following chart lists the building requirements within
the various classifications for minimum lot area, width, yard
spacing, floor area ratio, and coverage:
R&D MDO MXD2
Minimum Lot Area 3.5 Ac 3.5 Ac 1.0 Ac
Minimum Lot Width 100, 100, 100,
Minimum Yard Setback
Adjacent to General
Booth Boulevard 75' -- 75'
Minimum Yard Setback
Adjacent to Corporate
Landing Drive 75' 751 75'
Minimum Yard Setback
Adjacent to Other Public/
Private Streets 50, 50' 50'
Minimum Yard Setback
Adjacent to Residential
Neighborhoods 75' 75' 75'
Minimum Yard Setback
Adjacent to Side Property
Lines 30' 30' 30'
Minimum Yard Setback
Adjacent to Rear Property
Lines 30' 30' 30'
Maximum Floor Area Ratio .50 .90 .90
Maximum Building and Paved
Area Coverage (excluding
outside plaza and gathering
areas) 75% 60% '75%
3: The following chart lists the parking lot setback require-
ments within the various classifications of the property.
R&D MDO MXD2
Minimum Yard Setback
Adjacent to General
Booth Boulevard 75' 75'
Minimum Yard Setback
Adjacent to Corporate
Landing Drive 50' 50, 50,
Minimum Yard Setback
Adjacent to Other
Public Streets 501 50, 50'
Minimum Yard Setback
Adjacent to Private Streets
(excluding access drives
& parking lot drive aisles) 251 25' 251
Minimum Yard Setback
Adjacent to Residential
Neighborhoods 751 751 75.
Minimum Yard Setback
Adjacent to Side Property
Lines 151* 151* 151*
Minimum Yard Setback
Adjacent to Rear Property
Lines is, 15' 15,
Minimum Yard setback
Between Parking Lots &
Buildings
(excluding sidewalks) 201 201 Of
Excluding common drive aisles between parcels
4: The maximum building height for the various use classifica-
tions located within the property are as follows.
A. R&D: 35 Feet
B. MDO: Not to exceed a height equal to twice the
distance from the building to the
vertical projection of the center line of
the nearest public street; however, no
building shall exceed 100' in height, and
no building within 3001 of the right-of-
way of General Booth Boulevard shall
exceed 40' in height.
C. MXD2: 35 Feet
D. Notwithstanding the above, no building or other structure
shall exceed the height limit established by the Virginia
Beach Comprehensive Zoning Ordinance regarding air
navigation.
5: General Requirements Applicable to all use classifications
located within the property.
A. Parking Requirements: The minimum number of parking
spaces and dimensional requirements on any site shall be
as follows:
1. one parking space for each 250 square feet of gross
floor area used for offices.
2. one parking space for each 500 square feet of gross
floor area for research and development or one space
per employee on the highest working shift, whichever
is greater.
12
3 one parking space for each 200 square feet of gross
floor area for commercial/retail.
4. one and one-half parking spaces per hotel room.
5. As required by the city of Virginia Beach
Comprehensive Zoning ordinance for other uses
permitted within the property.
6. The size of parking stalls and handicapped allowances
shall be as required by the City of Virginia Beach
Comprehensive Zoning Ordinance.
7. The width of parking lot drive aisles shall be a
minimum of 24 feet.
8. The color of parking lot stripping shall be white.
Special stripping shall be as required by the City of
Virginia Beach.
9. These requirements shall be accepted as minimum
standards, however, such requirements shall not
relieve the site owner or lessor of the
responsibility of providing ample on-site parking for
actual user demands. Parking on access roads and
dedicated streets shall be prohibited.
B. Loading Areas
1. Loading docks shall be designed and located so that
they are not visible from public roadway view,
adjacent residential neighborhood view, and view
within the park. The uses of berming and landscape
screening shall be employed to screen loading areas.
2. The location of any loading dock areas shall be
subject to approval by the Virginia Beach Development
Authority.
C. Landscape Requirements (Minimum).
1. The Development Authority will provide in the 75 foot
setbacks adjacent to the existing residential
neighborhoods of Strawbridge and Princess Anne Hunt
Club subdivision a rolling earthen berm (minimum
height four (4) feet up to approximately ten (10)
feet) witli appropriate evergreen plantings to provide
a buffer between the park and these residential
neighborhoods. Where the park abuts property not
currently developed for residential use the Authority
will reserve a 75 foot strip of land for the future
placement of a berm and evergreen plantings should
said adjacent property be developed into residential
neighborhoods.
2. The developer of the individual sites shall provide
a continuous evergreen and/or low berm screen along
any side of a parking lot that abuts a public street
right-of-way. Such buffer shall be located within
the parking lot setbacks established by Section 3.
3. The developer of any site that abuts a storm water
retention lake or canal shall provide a landscape
buffer (minimum width 15 feet) between said lake
and/or canal and any proposed parking lot. This
buffer shall be planted with a mixture of deciduous
and evergreen plant materials.
13
6 The Development Authority shall not extend the existing
residential street known as Wandsworth Drive into the property.
The Development Authority shall not grant right-of-way over the
property for connections into residential neighborhoods not yet
developed except those streets so designated on the City of
V.lrginia Beach Master Street and Highway Plan. Roads shall not be
extended into Princess Anne Hunt Club subdivision and/or
Strawbridge from the property.
All references hereinabove to the 1-1 and B-2 districts
and to the requirements and regulations applicable thereto refer to
the City Zoning Ordinance of the City of Virginia Beach, Virginia,
in force as of April 27, 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 body
of the City of Virginia Beach, Virginia, to administer and enforce
the foregoing conditions, including (i) the ordering in writing of
the remedying of any noncompliance with such conditions, and (ii)
the bringing of legal action or suit to ensure compliance with such
conditions, including mandatory or prohibitory injunction,
abatement, damages or other appropriate acti6n, suit or
proceedings; (2) the failure to meet all conditions shall
constitute cause to deny the issuance of any of the required
building or occupancy permits as may be appropriate; (3) if
aggrieved by the decision of the zoning Administrator made pursuant
to the provisions, the Grantor shall petition to tlie 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 on the map and that the ordinance and the conditions may
be made readily available and accessible for public inspection in
the office of the Zoning Administrator and in the Planning
Department and that they shall be recorded in the Clerk's Office of
14
the Circuit Court of the City of Virginia Beach, Virginia, and
indexed in the name of the Grantor and Grantee.
WITNESS the following signatures and seals.
(SEAL)
(SEAL)
CURRENT OWNERS:
E.S.G. ENTERPRISES, INC.
By
President or Vice-President
THE DOUSTAN PARTNERSHIP
By
General Partner
STATE Or VIRGINIA,
CITY OF VIRGINIA BEACH, to-wit:
I, a Notary Pubic in and for the State
of Virginia at Large, do hereby certify that
Chairman and Secretary respectively of THE
VIRGINIA BEACH DEVELOPMENT AUTHORITY, whose names are signed as
Grantor to the foregoing instrument bearing date on the - day
of 198-, has acknowledged the same before me in the
City and State aforesaid.
Given under my hand this _ day of 198
Notary Public
my Commission Expires:
STATE OF VIRGINIA,
CITY OF VIRGINIA BEACII, to-wit:
I, , a Notary Pubic in and for the State of
Virginia at Large, do hereby certify that I
President/Vice President of E.S.G. ENTERPRISES, INC. whose name is
signed as Grantee to the foregoing instrument bearing date on the
day of , 198-, has acknowledged the same before
me in the City and State aforesaid.
15
Given under my hand this day of 198
my Commission Expires:
STATE OF VIRGINIA,
CITY OF VIRGINIA BEACH, to-wit:
i, , a Notary Pubic in and for the State of
Virginia at Large, do hereby certify that I
General Partner of THE DOUSTAN PARTNERSHIP, whose name is signed as
Grantee to the foregoing instrument bearing date on the day
of , 198-, has acknowledged the same before me in the
City and State aforesaid.
Given under my hand this - day of 198
Notary Public
my commission Expires:
KJC/dhh
CORPLAND.PRF
06/26/89
08/01/89
08/02/89
16
MARKED CLARIFICATIONS
Grantee advertised pursuant to the provisions of 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 himself, his successors,
assigns, grantees, and other successors in title or interest,
voluntarily and without any requirement by or exaction from the
Grantee or its governing body and without any element of compulsion
or 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, its personal representatives, assigns,
grantees and other successors in interest or title, namely:
The Grantor shall develop the property as three (3)
separate and distinct districts, each subject to restrictions
hereinafter described. They are the research and development
office warehouse district (R&D); the mediumdensity office district
(MDO); and the mixed use development district (MXO2). The
districts will be set approximately as shown on the zoning and
development district plans exhibited to City Council and on file
in the Department of Planning of the City of Virginia Beach.
However, since the locations of Culver Lane/White Parkway and
Corporate Landing Drive have not yet been precisely determined, it
is presently impossible to define the precise internal borders of
the districts by m@ metes and bounds description. After the
precise locations of these roads have been determined by the City,
the Grantor will cause a survey to be prepared which will describe
the precise boundaries of each district. The aforesaid survey
shall be submitted to tlie Council of the City of Virginia Beach for
approval and, if approved, shall be recorded in the Office of the
6
Clerk of the Circuit Court oE the City of Virginia Beach, together
with a certified copy of an ordinance or resolution confirming the
approval of the survey, which said ordinance or resolution shall
be conclusive evidence of such approval.
The Grantor covenants and agrees to make a variable width
right-of-way dedication as required for the future extension of
Culver Lane/White Parkway, and a variable width right-of-way
dedication, as determined to be necessary for the future extension
of Corporate Landing Drive.
The Grantor covenants and agrees to use 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.
uncil for revi@.
The Grantor covenants and agrees to leave as many trees
as possible on the parts of the property that are adjacent to
exist pm@. the subdivisions of Strawbridge
and Princess Anne liunt Club. The width of this buffer is stated
in paragraph 5(c)(1). The Grantor covenants and agrees to require
submission of a detailed tree protection plan at the time each
individual site is developed by the Developer of said site.
The Grantor covenants and agrees to install drainage for
Corporate Landing Drive and Culver Lane/White Parkway for its
entire right-of-way and provide adequate sized lakes to handle the
drainage.
The Grantor covenants and agrees that no building permits
will be applied for in any of the property for which B-2 zoning is
proposed until July 1, 1990.
The Grantor is currently preparing the design criteria
for the property, which design criteria shall precisely state how
the property is to be developed. The design criteria shall address
the siting of a building on the property, the fences on the
7
7 Public utilities installations and substations including
of f ices.
8. Radio or television transmission and relay stations.
9. Wholesaling, warehousing, storage or distribution
establishments.
10. Eating and drinking establishments in connection with
other permi tted uses (no f ree-standing restaurant sites) .
ii. Accessory uses and structures which may be reviewed and
approved by the Virginia Beach Deve!Op,@'t Authority,
the Ci @ inia B ' 9-irector, and @
City of Virginia Beach zoning Administrator which are
clearly incidental and subordinate to principal uses in
accordance with the Virginia Beach Comprehensive Zoning
Ordinance.
MDO DISTRICT: MEDIUM DENSITY OFFICE USE
This classification refers to the development of mid-rise
office buildings.
USE
1. Business, medical, financial, nonprofit, professional,
and similar office buildings.
2. Eating and drinking establishments in connection with
other permitted uses (no free-standing restaurant sites).
3. Motion picture studios.
4. Printing, lithographic or publishing establishments.
5. Recreational facilities of an outdoor nature in
accordance with the Virginia Beach Comprehensive Zoning
ordinance.
6. Vocational, industrial and trade schools.
7. Recreational facilities other than those of an outdoor
nature.
8. Public and private schools, colleges and universities.
9. Public utility Eacilities.
10. Accessory uses and structures which may be reviewed
and approved by the -.Firginia Beach E)evelepmenL
Author Beach Plenr-'"
d blie City of Virginia Beach Zoning
Administrator which are clearly incidental and
subordinate to principal uses in accordance with
the Virginia Beach Comprehensive Zoning Ordinance.
MXD2 DISTRICT: MIXED USE DEVELOPMENT
This classification refers to the development of a mixed use
complex that would provide retail shops, restaurants, oefice
space, and similar uses.
9
USE
1. Automobile service
stations .-,-.rs a
c@. or pai f cilities that perform the same
.s :!e i@ Sa
functions tcd 111 ot the vir,
5rdinance.
2. Bakeries, confectioneries and delicatessens, provided
that products prepared or processed on the premises shall
be sold only at retail and only on the premises.
3. Business studios, offices, and clinics.
4. Car wash facilities, provided that: (i) no water produced
by activities on the zoning lot shall be permitted to
fall upon or drain across public streets or sidewalks or
adjacent properties; (ii) a minimum of three (3) off-
street parking spaces for automobiles shall be provided
for each car wash space within the facility.
5. Child care and child care education centers.
6. Drugstores, beauty shops and barbershops.
7. Eating and drinking establishments without drive-through
windows.
B. Financial institutions.
9. Florists, gift shops and stationery stores.
10. Service and repair services for business machines, sign
shops and other small service businesses.
ii. Grocery stores, carry-out food stores and convenience
stores any of which are not freestanding but are in a
structure with a gross floor area of less than five
thousand (5,000) square feet.
12. Laboratories and establishments for the production and
repair of eye glasses, hearing aids and prosthetic
devices.
13. Laundry and dry cleaning agencies.
14. Medical and dental offices.
15. Museums and art galleries.
16. Job and conunercial printing.
17. Personal service establishments, other than those listed
separately.
18. Athletic clubs.
19. Public utilities installations and substations, including
offices.
20. Repair and sales for radio and television and other
household appliances, except where such establishments
exceed two thousand five hundred (2,500) square feet of
floor area.
21. Retail establishments, other than those listed
separately, including the incidental manufacturing of
goods for sale only at retail on the premises; retail
sales and display rooms.
10
2 2. Veterinary establishments and commercial kennels,
provided that all animals shall be kept in soundproofed,
air-conditioned buildings.
23. Accessory uses and structures which may be reviewed and
approved by the 1.1i:-Z ------ I.M.ent Authority,
the Gi:t@, of- '.Ii-r-gini:a Beaeh Planning Dir-eet=e-l an'l #he
City of Virginia Beach Zoning Administrator which are
clearly incidental and subordinate to principal uses in
accordance with the Virginia Beach Comprehensive Zoning
ordinance.
2: The following chart lists the building requirements within
the various classifications for minimum lot area, width, yard
spacing, floor area ratio, and coverage:
R&D MDO MXD2
Minimum Lot Area 3.5 Ac 3.5 Ac 1.0 Ac
Minimum Lot Width 100, 100, 100,
Minimum Yard setback
Adjacent to General
Booth Boulevard 75' -- 751
Minimum Yard Setback
Adjacent to Corporate
Landing Drive 75, 751 751
Minimum Yard Setback
Adjacent to Other Public/
Private Streets 50, 50, 501
Minimum Yard setback
Adjacent to Residential
Neighborhoods 751 751 751
Minimum Yard setback
Adjacent to Side Property
Lines 301 301 301
Minimum Yard Setback
Adjacent to Rear Property
Lines 301 301 301
Maximum Floor Area Ratio .50 .90 .90
Maximum Building and Paved
Area Coverage (excluding
outside plaza and gathering
areas) 75% 60% 75%
3: The following chart lists the parking lot setback require-
ments within the various classifications of the property.
R&D MDO MXD2
Minimum Yard Setback
Adjacent to General
Booth Boulevard 751 751
Miniirium Yard Setback
Adjacent to Corporate
Landing Drive 50, 50, 50'
Minimum Yard Setback
Adjacent to Other
Public Streets 50, 50, 50,
Minimum Yard Setback
Adjacent to Private Streets
(excluding access drives
& parking lot drive aisles) 25' 25' 25'
Minimum Yard Setback
Adjacent to Residential
Neigliborhoods 751 751 751
Minimum Yard Setback
Adjacent to Side Property
Lines 151* 151* 15'*
Minimum Yard Setback
Adjacent to Rear Property
Lines 151 15' 151
Minimum Yard Setback
Between Parking Lots &
Buildings
(excluding sidewalks) 20' 20' O'
* Excluding common drive aisles between parcels
4: The maximum building height for the various use classifica-
tions located within the property are as follows.
A. R&D: 35 Feet
B. MDO: Not to exceed a height equal to twice the
distance from the building to the
vertical projection of the center line of
the nearest public street: however, no
buildinq shall exceed 1001 in heiqht, and
no buildina within 300' f the r@,,h@-,f-
way of General Bootn Bouievara snall
exceed 40' in height.
C. MXD2: 35 Feet
D. Notwithstanding the above, no building or other structure
shall exceed the height limit established by the Virginia
Beach Comprehensive Zoning ordinance regarding air
navigation.
5: General Requirements Applicable to all use classifications
located within the property.
A. Parking Requirements: The minimum number of parking
spaces and dimensional requirements on any site shall be
as follows:
1. one parking space for each 250 square feet of gross
floor area used for offices.
2. one parking space for each 500 square feet of gross
floor area for research and development or one space
per employee on the highest working shift, whichever
is greater.
12
- 30 -
Item IV-G.I.i.a
PUBLIC HEARING ITEM # 31641
PLANNING
Clay Bernick, Environmental Planner, advised Councilwoman McClanan, item (k) was
added to the State Code by the General Assembly primarily to address the issue
of vehicles driven into Wetlands areas and in the process destroying the
vegetation and the contour of the marsh.
Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City
Council ADOPTED:
Ordinance to Amend and Reordain Article 14
Pertaining to the Wetlands Zoning Ordinance.
Voting: 11-0
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, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
JULY 11, 1989 PLANNING COMMISSION HEARING
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE 14
PERTAINING TO THE WETLANDS ZONING ORDINANCE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Article 14, Section 1402, of the City Zoning Ordinance of the
City of Virginia Beach, Virginia, is hereby amended and reordained as
follows:
ARTICLE 14. WETLANDS ZONING ORDINANCE
Sec. 1402. Uses.
The following uses of and activities on wetlands are permitted, if
otherwise permitted by law:
(a) The construction and maintenance of noncommercial catwalks,
piers, boathouses, boat shelters, fences, duckblinds, wildlife management
shelters, footbridges, observation decks and shelters and other similar
structures; provided that such structures are so constructed on pilings
as to permit the reasonably unobstructed flow of the tide and preserve
the natural contour of the wetlands:
(b) The cultivation and harvesting of shellfish and worms for bait;
(c) Noncommercial outdoor recreational activities, including
hiking, boating, trapping, hunting, fishing, shellfishing, horseback
riding, swimming, skeet and trap shooting, and shooting preserves;
provided that no structure shall be constructed except as permitted in
subsection (a) of this section;
(d) The CUltiVdtion dnd harvesting of agricultural, forestry or
horticultural products; grazing and haying;
(e) Conservation, repletion and research activities of the Virginia
Marine Resources Commission, the Virginia Institute of Marine Science,
the Department of Game and Inland Fisheries and other related conservation
agencies;
(f) The construction or maintenance of aids to navigation which are
authorized by governmental authority;
(g) Emergency decrees of any duly appointed health officer of a
governmental subdivision acting to protect the public health;
200
JULY 11, 1989 PLANNING COWISSION HEARING
(h) The normal maintenance, repair or addition to presently existing
roads, highways, railroad beds, or the facilities Of dny person, firm,
corporation, utility, federal, State, county, city or town abutting on
or crossing wetlands, provided thdt no waterway is altered and no
additional wetlands are covered;
(i) Governmental activity on wetldnds owned or leased by the
Commonwealth of Virginia, or a political subdivision thereof; aRd
(i) The normal maintenance of man-made drainage ditches, provided
that no additional wetlands are covered; and provided further, that
this paragraph shall not be deemed to authorize construction of any
drainage ditch@-, and
(k) Outdoor recreational activities, provided that such activities
do not7i) impair the natural functions of the wetlands, or (ii) alter
the natural contour of the wetlands.
Adopted by the Council of the City of Virginia Beach, Virginia, on
the 14 day of August -, 1989.
201
- 31 -
Item IV-G.I.i.b
PUBLIC HEARING
PLANNING ITEM # 31642
Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City
Council ADOPTED:
Ordinance to Amend and Reordain Article 16
Pertaining to the Coastal Primary Sand Dune Zoning
Ordinance.
Voting: 11-0
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, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
JULY 11, 1989 PLANNING COMMISSION HEARING
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE 16
PERTAINING TO THE COASTAL PRIMARY SAND DUNE ZONING ORDINANCE
That Article 16, Sections 1600 and 1601 of the City Zoning Ordinance
of the City of Virginia Beach, Virginia are hereby amended and reordained
as follows:
ARTICLE 16. COASTAL PRIMARY SAND DUNE ZONING ORDINANCE
Sec. 1600. Intent.
The governing body of the City of Virginia Beach, acting pursuant to
Chapter 2.2 of Title 62.1 of the Code of Virginia, for the purposes of
fulfilling the policy and standards set forth in such chapter, adopts
this article regulating the use and development of coastal primary
sand dunes. Whenever coastal primary sand dunes are referred to in
this ordinance, such references shall also include beaches.
Sec. 1601. Definitions.
For the purpose of this article:
(a) Beach means (i) the shoreline zone comprised of unconsolidated
sandy material upon which there is a mutual interaction of the forces
of erosion, sediment transport and deposition that extends from the low
water line landward to where there is a marked change in either material
c on or physiographic form such aS d dune, bluff or marsh, or
(ii) where no SUCH change can be identified, to the line of woody
vegetation (usually the effective limit of stormwaves), or the nearest
impermeable man-made structure, such as a bulkhead, revetment or paved
road.
(b)@a@Comissionshall medntheVirginidMarineResourcesCommission.
@kb)Coninissioner shall medn the Comissioner of the Virginia Marine
Resources Commission.
@ke)County or city shall mean the governing body of such county
or city.
Lelkd4Coastal primary sand dune, hereinafter referred to as "dune",
shall mean a mound of unconsolidated sandy soil which is contiguous to
mean high water, whose landward and lateral liMitS dre marked by a
203
JULY 11, 1989 PLANNING COMMISSION HEARING
change in grade from ten (10) percent or greater to less than ten (10)
percent, and upon any Pdrt of which is growing on July 1, 1980, or
grows thereon subsequent thereto, any one or more of the following:
American beach grass (Arnmophilla breviligulata); beach heather (Hudsonia
tometosa); dune bean (Strophostylis umbellata. var, paludigena); dusty
miller (Artemisia stelleriana); saltmeadow hay (Spartina patens);
seabeach sandwort (Arnearia peploides); sea odts (Uniola paniculata);
sea rocket (Cakile edentula); seaside goldenrod (Solidago sempervirens);
and short dune grass (Panicum ararum). For purposes of this drticle
"coastal primary sand dune" shall not include any mound of sand, Sdndy
soil or dredge spoil which has been deposited by man for the purpose of
the temporary storage of such material for later use.
(f)@e@Governmental activity shall mean any or all of the services
provided by the commonwealth or a county or city to its citizens for the
purpose of maintaining public facilities and shall include but not be
limited to such services as construction, repairing and maintaining
roads, sewage facilities, supplying and treating water, street lights
and constructing public buildings.
JL@44Wetlands board or board means the board created as provided
for in section 62.1-13.6 of the Code of Virginia.
(9@ Reach-means-,a--c@@- -of-@@ beach-fr-Gnt@Rg-GF;-the
Chesapeake-gay-@4)-upoR-wh4eh-there-46-mutua4-4RteraGt4GP-of-the-ferGes
-4andward
44m4t.,-where-Re-eeasta4-pr4mafy-saRd-dune-caR-be-4dent4f4edT-4s-def4ned
4ecated-w4ere-&-pr -s-tructjre-4@-oRtemp@&tedr-Gr--r@4w-bw4kheads
reee4ved--f@ -the-iwov4.s4@@-Ghapter.-,24-4@-t@-W-2-@5--et
--t4*-@-Gf--V4rg4A4a@-- --c@st-&@-pr4mary
4nG4ude-reaches,
Adopted by the Council of the City of Virginia Beach, Virginia, on
14 August
the _ day of 1989.
204
- 32 -
Item IV-G.I.i.c
PUBLIC HEARING
PLANNING ITEM # 31643
Honorable Robert G. Jones, advised this Ordinance is really a symptom of a much
more significant problem. Bingo, prior to 1989, was always considered a
commercial recreation other than of an outdoor nature. Robert Jones suggested
the addition of three words: "including bingo halls" to the City Zoning
Ordinance after the words: "Commercial recreational facilities other than of an
outdoor nature".
A motion was made by Vice Mayor Fentress, seconded by Councilman Perry to ADOPT
an Ordinance to Amend and Reordain Sections 111, 901, 1511 and 1521 of the City
Zoning Ordinance of the City of Virginia Beach, Virginia pertaining to use
regulations for bingo halls.
Councilwoman McClanan offered an Amendment to "allow only as a comr@iercial use in
B-2". Councilwoman Parker seconded the amendment. The maker and second of the
main motion accepted the Amendment.
Upon AMENDED MOTION, City Council ADOPTED, AS AMENDED*:
An Ordinance to Amend and Reordain Sections 111 and
901 of the City Zoning Ordinance of the City of
Virginia Beach, Virginia pertaining to use
regulations for bingo halls.
*Bingo Halls shall only be allowed as a Commercial
Use in B-2.
Councilman Heischober agreed B-2 would be appropriate for bingo halls, however,
the potential Resort/Commercial District B-4 or the equivalent RT-1, RT-2 or
RT-3 should be considered for the possibility of a later amendement.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. lienley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
AN ORDINANCE TO AMEND AND REORDAIN
SECTIONS Ill AND 901
OF THE CITY ZONING ORDINANCE
OF THE CITY OF VIRGINIA BEACH, VIRGINIA,
PERTAINING TO USE REGULATIONS FOR BINGO HALLS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That Sections 111 and 901 of the City Zoning Ordinance are hereby
amended to read as follows:
Section Ill. Definitions.
Bingo Halls. A facility used primarily for the conduct of bingo
games, open to the public and not in a subsidiary nature to another use.
Sec. 901. Use Regulations.
(a) Principal and conditional uses.
The following chart lists those uses permitted within the B-1
through B-4 Business Districts. Those uses and structures in the
respective business districts shall be permitted as either principal
uses indicted by a P or as conditional uses indicated by a C. Uses and
structures indicated by an X shall be prohibited in the respective
districts. No uses or structures other than as specified shall be
permitted.
Use B-1 B-lA B-2 B-3 B-4
Animal hospitals, pounds, shelters,
commercial kennels, provided that all
animals shall be kept in soundproofed
air conditioned buildings p p p p p
Attached dwellings x x x x p
Auditoriums, assembly halls and union halls x c p p p
-------------------------------------------------------------------------------
Automobile repair garages and small engine repair
establishments, provided that all repair
work shall be performed within a
building x x c x c
Automobile repair establishments dealirig
exclusively in minor repairs of the
type provided at automobile service
stations x x c c c
Automobile service stations; provided
that, where there is an adjoining
residential or apartment district
without an intervening street, alley
or permanent open space over twenty-
five (25) feet in width and where lots
separated by a clistrict boundary have
adjacent front yards, Category VI
screening shall separate the
automobile service station use from
Use B-1 B-lA B-2 B-3 B-4
-------------------------------------
Automobile service stations, continued,
the adjacent residential district
and no ground sign shall be within
fifty (50) feet of the residential
or apartment district x x c c c
-------------------------------------------------------------------------------
Bakeries, confectioneries and delicatessens,
provided that products prepared or
processed on the premises shall be
sold only at retail and only on the
premises p p p p
Bicycle and moped rental establishments x x x x c
Bingo Halls x x c x x
Boat sales y -i 'F 7 i3
-------------------------------------------------------------------------------
Borrow pits x x c x x
Adopted by the Council of the City of Virginia Beach, Virginia, on
the 14 day of August , 1989.
- 33 -
Item IV-G.2.i.
PUBLIC HEARING
PLANNING ITEM # 31644
Upon motion by Councilwoman Henley, seconded by Councilwoman Parker, City
Council ADOPTED:
Ordinance to amend and reordain Section 4.1.b of
the Site Plan Ordinance of the City of Virginia
Beach, Virginia, pertaining to existing and
required site features and improvements.
Voting: li@o
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, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
Items IV-C.2.j and IV-G.2.k were voted upon in one MOTION.
JULY 11, 1989 PLANNING COWISSION HEARING
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 4.1.8 OF THE SITE PLAN ORDINANCE
OF THE CITY OF VIRGINIA BEACH, VIRGINIA
PERTAINING TO EXISTING AND REQUIRED SITE FEATURES
AND IMPROVEMENTS
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That Section 4.1.B of the Site Plan Ordinance of the City of Virginia
Beach, Virginia, is hereby amended and reordained to read as follows:
B. Existing and required site features and improvements:
1. Streets and easements, their names, rights-of-way status
(public or private), numbers and widths. Type (class)
and width of pavement, curbs, and sidewalks.
2. All property line and property line curve dataor centerline
and centerline curve data including radius, delta angle,
length of arc, chord and tangent shdll be shown on the
site development plan.
3. Utilities of all types.
4. The topographic survey, showing the elevation of streets,
alleys, buildings, structures, water courses and their
names. The topography shall be shown by adequate spot
elevations. The finished grade for the entire site
shdll be shown on the proposed first floor elevation of
all buildings (except for gdrages and storage areas
which shall be located at or above the one-hundred-year
flood elevation) shall be a minimum of one foot above
the elevation of (a) the flood water of record or (b)
the intermediate flood level as determined by the U.S.
ArmyCorpsof Engineersor(c) the.floodlevel asdetermined
by the Department of Public Works, whichever is greater.
All elevations shall be certified and referenced to
National Ocean Survey (USC and GS) datum 0.00 mean sed
level. All horizontal dimensions shown on the site
development plan shall be in feet and decimals of a
foot. All bearings in degrees, minutes and seconds.
Additionally, on all residential site plans (single-
family, two-family, duplex and townhouses) the following
information must be provided:
221
JULY 11, 1989 PLANNING COMMISSION HEARING
a. Thefol lowing statements shall appear onthe si tePI dn:
(1) "The lot grading on this plan is in dccorddnce
with the ldtest subdivision construction plan
submitted to and approved by the city engineer
on (indicate date of approval)."
(2) "The lowest finished floor elevation shown is
one fOOt dbove the one-hundred-year floodplain
as adopted by the City of Virginia Beach."
(Exception - detached residential gardges and
storage areas shall be located at or above the
one-hundred-year flood elevation.
(3) The elevation of the curb (if existing or
proposed) infrontof eachlotshall be i nd i cated.
(4) Elevations of the top of bank and toe of slope
and limits of fill necessary to construct the
dwelling unit, including access, shall e
indicated.
5. Number of floors, dimensions, and location of each building
and proposed use for each building shall be indicated. If a
multi-family, townhouse, or hotel development is submitted, a
specific schedule showing the following information shall be
included on the fact of the plan:
a. The dwelling units and/or lodging units per gross acre
of the project;
b. Breakdown of the number of bedrooms;
C. Percent of parcel devoted to recreation. Provided
further, if the breakdown of number of bedrooms should
change prior to the issuance of a building permit, the
builder or developer shall notify the city agent by
letter of such change; if the number of units does not
increase and if the dimensions or position of the building
structures do not change then additional site plan
approval will not be necessary.
6. All off-street parking and parking bays, loading spaces and
walkways indicating type of surfacing, size, angle of stalls,
width of aisles and a specific schedule on the face of the
site plan showing the number of parking spaces provided and
the number required in accordance with the Virginia Beach
zoning ordinance.
222
JULY 11, 1989 PLANNING COWISSION HEARING
7. Existing and proposed storm drainage easements and the direction
of drainage flow in streets, storm sewers, valley gutters,
streams and ditches. Indicate all contributing areas in
acres for storm dralnage calculations. Drainage area maps
and drainage calculations shall be submitted to the city
agent upon request.
8. All existing and proposed water, sanitary sewer facilities
indicating pipe sizes, types and grades shall be shown.
Connections into existing or proposed central water and sewer
systems shall be shown.
9. Provision and schedule for the adequate control of erosion and
sedimentation shall be in accordance with the City's Erosion
and Sediment Control Ordinance as approved by the council of
the City of Virginia Beach on November 26, 1973.
10. Landscape design and land use buffer plan in accordance with
the design standards of the Department of Planning as approved
by the council of the City of Virginia Beach, shall be required.
11. A definite distance tie to an existing street intersection
shall be provided.
12. Location and identification of existing graves and objects or
structures marking a place of burlal shall be shown.
Adopted by the Council of the City of Virginia Beach, Virginia, on
the 14 day of August 1989.
223
- 34 -
Item IV-G.2.k.
PUBLIC HEARING
PLANNING ITEM # 31645
Upon motion by Councilwoman Henley, seconded by Councilwoman Parker, City
Council ADOPTED:
Ordinance to amend and reordain Section 6.1 of the
Subdivision Ordinance of the City of Virginia
Beach, Virginia, pertaining to graves and grave
markings.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. l@IcClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
Items IV-G.2.j and IV-G.2.k were voted upon in one MOTION.
JULY 11, 1989 PLANNING COMMISSION HEARING
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 6.1 OF THE SUBDIVISION ORDINANCE
OF THE CITY OF VIRGINIA BEACH, VIRGINIA
PERTAINING TO GRAVES AND GRAVE MARKINGS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That Section 6.1 of the Subdivision Ordinance of the city of Vlrginia
Beach, Virginia, is hereby amended and reordained to read as follows:
Sec. 6.1. Preliminary plats and data - Generally.
The preliminary plat shall be at a scale of not less thdn one inch
equals one hundred (100) feet, and may be of one or more sheets dS
necessary. The plat shall include the following:
(a) Name of subdivision (not duplicating the name of an existing
subdivision), names and addresses of owner(s) of record,
subdivider and person or firm responsible for preparation of
preliminary plat, date of drawing, number of sheets, north
point and SCdle.
(b) A boundary survey or survey of record, including map book and
page reference, locating and identifying adjacent or abutting
streets (existing or platted), subdivisions, unsubdivided
parcels, easements, water areas, and the like, and all visible
monuments.
(c) LocationandidentificationofexistingfeatureSdndimprovements
within the tract, including streets, structures, water areas
by type (including areas in marsh or subject to frequent
inundation), wooded areas, easements, installed utilities and
other important details. Information on SOil dnd subsoil
conditions shall be provided in the form and manner indicated
in the specifications of the Department of Public Works.
Plats of tracts abutting on or containing natural or artificial
bodies of water shall show the approximate high water lines,
bulkhead and pierhead lines if officially established, and
top of bank and toe of slope.
(d) Location and identification of proposed uses within the tract.
(e) Location, identification and widths of proposed streets,
alleyS dnd easements.
224
JULY 11, 1989 PLANNING COMMISSION HEARING
(f) Location of proposed water mains, sanitary sewers, and storm
sewers and catch basins, with indication of proposals for
disposal of surrounding drainage if other than or in addition
to storm drains.
(g) Lot lines, with dimensions. Where sewerage is to be by septic
tanks or similar devices, percolation test results may be required
for each lot or selected lots at locations indicated by the Director
of Public Health. Where groundwater levels or soil conditions may
lead to difficulties with proposed septic tanks or with structures,
the Director of Public Health or the Director of Public Works mdY
require test results on subsurface soil and groundwater conditions
for each lot or selected lots indicated by such officials.
(h) Location and dimensions of all parcels proposed to be dedicated
or reserved for public use or common use by occupants of the
subdivision, with conditions or restrictions, if any, of such
dedication or reservation.
(i) Private restrictions, if any, proposed to be included in deeds.
(j) Topographic map of a suitable scale and contour interval, as
determined by the Director of Public Works, where a grading
and drainage plan is required by the specifications of the
Department of Public Works, as approved by the council of the
City of Virginia Beach. Vertical control shall be based on
U.S. Coast and Geodetic Survey Data "means sea level" as
established in 1969.
(k) Location and identification of existing graves and objects or
structures marking a place of burial.
Adopted by the Council of the City of Virginia Beach, Virginia, on
14 August
th day of 1989.
225
- 35 -
Item IV-H.I.
ORDINANCES ITEM # 31646
The following spoke in support of FIRST NIGHT:
Mike Barrett, Chairman - 1989 Neptune Festival
Ernestine Middleton, Vice Chairman - Arts and Humanities Commission
Priscilla Beede, Vice-Chairman Community Services Board and Operations Chairman
of First Night New Year's Celebration
Lillian DeVenny, Founder and President, Virginians Opposing Drunk Driving
Helen Shropshire, Past President - United Council Citizen/Civic League
Dean Lee, Chairman, Executive Director - Virginia Beach Hampton Roads Chamber
of Commerce
Nancy Creech, Chairman, Virginia Beach Events Unlimited (formerly Neptune
Festival)
Upon motion by Councilman Sessoms, seconded by Councilman Perry, City Council
ADOPTED, AS AMENDED*:
Ordinance to TRANSFER $5,000 to FIRST NIGHT
VIRGINIA BEACH for a New Year's Celebration of the
Arts on December 31, 1989
*The date in the caption and the fourth paragraph: December 31, 1990, should
correctly read December 31, 1989.
Voting: 9-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Barbara M. Henley,
Reba S. McClanan, John D. Moss, Mayor Meyera E.
Oberndorf, Nancy K. Parker, John L. Perry and William
D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Abstaining:
Vice Mayor Robert E. Fentress and Harold Heischober
Council Members Absent:
None
Vice Mayor Fentress and Councilman Heischober ABSTAINED as they are on the
Board of the Virginia Beach Events, Unlimited (formerly Neptune Festival).
AN ORDINANCE TO TRANSFER $5,000 TO FIRST NIGHT
VIRGINIA BEACH FOR A NEW YEARS CELEBRATION OF
THE ARTS ON DECEMBER 31,
WHEREAS, First Night Virginia Beach is an arm of
the Neptune Festival, Inc.; and
WHEREAS, First Night Virginia Beach represents an
opportunity for local artists to showcase their talents and
develop a new base for audience support; and
WHEREAS, First Night Virginia Beach will follow the
guidelines set forth by First Night, Inc., including but not
limited to, prohibition of alcoholic beverages at the event,
community/volunteer support and paid performers;
THEREFORE, BE IT ORDAINED that $5,000 be
transferred from Reserve for Contingencies for the First
Night Virginia Beach Program. The city manager is directed
to provide $5,000 in seed money for the December 31,
celebration of the arts. In addition, First Night Virdinia
Beach shall submit a grant application to the Arts and
Humanities Commission that includes:
1. A list of prospective performers, including
tentative salaries and tentative written
commitments to perform.
2. Evidence of project grant applications to state
and local funding sources.
3. Evidence of pledges for financial support from
the community, including state, private and
corporate contributions.
4. Logistical plan for utilizing the Pavilion,
including sound tests.
5. Staffing plan for the use of volunteers or
other staff.
- 36 -
Item IV-H.2.
ORDINANCES TTEM # 31647
The following spoke in SUPPORT of the application
Larry Barry, Engineer with Langley and McDonald, represented the applicant
Edward Stein, 1825 Dominion Tower, 99 Waterside Drive, Norfolk, Phone: 627-1066
Steve S. Dudley, 400 Clyne Lane, Phone; 486-4258
The following spoke in OPPOSITTON:
Josephine A. Ryan, 3028 Bowling Green Drive, Phone: 340-0162, represented
herself
Thomas M. Martinsen, Deputy City Manager, advised on January 25, 1989, as part
of their review of a Conditional Use Permit for a car wash on Sabre Steet and
Phoenix Drive, City Council directed that an intersection of Saber Steet with
South Lynnhaven Road shall not be permitted. It was further understood that
before the connection of Sabre Street between South Lynnhaven Road and
Lynnhaven Parkway could be considered, a traffic study would have to be
submitted to the City for review. On February 17, 1989, William Cashman of
Langley & McDonald (consultant for developers of Lynnhaven Office/Industrial
Park), submitted a traffic impact study for the proposed extension of Sabre
Street between South Lynnhaven Road and Lynnhaven Parkway. Final aproval of the
traffic analysis and any request for the connection of Sabere Street will be
determined by City Council
Upon motion by Councilman Balko, seconded by Councilman Sessoms, City Council
AUTHORTZED the City Manager:
To grant permission to developers of Lynnhaven
Office/Tndustrial Park to extend SABRE STREET
between South Lynnhaven Road and Lynnhaven Parkway.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara 1q. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
ilone
Council Members Absent:
None
- 37 -
Item TV-I.
CONSENT AGENDA ITEM # 31648
Upon motion by Councilman Baum, seconded by Councilman Perry, City Council
APPROVED in ONE MOTION Items 1, 2, 3, 4, 5 and 6 a and b of the CONSENT AGENDA.
Voting: 11-04,
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, Mayor Meyera E.
Oberndorf, Nancy K. Parker, John L. Perry and William
D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Abstaining:
Councilman Harold Heischober ABSTAINED on Item IV-I.2,
as he is a Member of the Mayor's Veterans's Committee
Council Members Absent:
None
*Councilwoman McClanan voted a VERBAL NAY on Item TV-I.4. of the CONSENT
AGENDA.
- 38 -
Item IV-I.1
CONSENT AGENDA ITEM # 31649
Upon motion by Councilman Baum, seconded by Councilman Perry, City Council
ADOPTED upon SECOND READING:
Ordinance to APPROPRIATE $133,000 to the Chesapeake
Beach Volunteer Rescue Squad for the purchase of a
heavy squad truck.
Voting: 11-0
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, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
I AN ORDINANCE TO APPROPRIATE $133,000 TO
2 THE CHESAPEAKE BEACH VOLUNTEER RESCUE SQUAD
3 FOR PURCHASE OF A HEAVY SQUAD TRUCK
4
5
6 WHEREAS, the city assists volunteer rescue squads in purchasing major
7 equipment through loans, grants, or direct purchases, depending on a squad's
8 ability to pay and
9
10 WHEREAS, the Chesapeake Beach Volunteer Rescue Squad has identified a need
11 for a heavy squad truck to enhance rescue and vehicular extrication capabilities
12 and has the ability to raise funds to pay for such equipment and
13
14 WHEREAS, the Chesapeake Beach Rescue Squad has requested from the city a
15 five year, non-interest bearing loan in the amount of $133,000 for purchase of
16 such equipment,
17
is NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
19 VIRGINIA that funds in the amount of $133,000 be appropriated by the City of
20 Virginia Beach from the General Fund Balance to the Chesapeake Beach Volunteer
21 Rescue Squad for the purchase of a heavy squad truck. It is anticipated that
22 these funds will be repaid on the following schedule:
23 September 1, 1990 $26,600
24 September 1, 1991 $26,600
25 September 1, 1992 $26,600
26 September 1, 1993 $26,600
27 September 1, 1994 $26,600
28 Total $133,000
29
30 This ordinance shall be effective from the date of its adoption.
31
32 Adopted by the Council of the City of Virginia Beach, Virginia on
33 the- 14 day of August 1989.
34 APPPOVED AS TO C T, T
35 First Reading August 7, 1989
36 Second Readinq August 14, 1989
37
38
- 39 -
Item IV-I.2
CONSENT AGENDA TTEM # 31650
Upon motion by Councilman Baum, seconded by Councilman Perry, City Council
ADOPTED upon SECOND READING:
Ordinance to ACCEPT and APPROPRIATE a $100,000
Grant from the Commonwealth of Virginia for the
Virginia Beach Veterans' Memorial Comittee to help
offset construction costs of the Memorial.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Barbara M. Henley, Reba S. McClanan, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker,
Jolin L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Abstaining:
Harold Heischober
Council Members Absent:
None
Council @lembers Harold Heischober ABSTAINED as he is a Member of the Mayor's
Veteran's Committee.
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE A GRANT
2 IN THE AMOUNT OF $100,000 FROM THE STATE TO BE PAID
3 TO THE VIRGINIA BZACH VETERANS' MEMORIAL COMMITTEE
4 TO HELP OFFSET CONSTRUCTION COSTS OF THE MEMORIAL
5 WHEREAS, the City bas applied for and received a $100,000 grant from
6 the State for construction of the Tidewater Veterans' Memorial;
7 WHEREAS, it is the intent of the General Assembly that the grant be
8 given to the Virginia Beach Veterans' Memorial Committee to help offset costs
9 incurred in the construction of the memorial;
10 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF TtlE CITY OF
11 VIRGINIA BEACII, VIRGINIA:
12 That the grant in the amount of $100,000 from tbe State for the
13 construction of the Tidewater Veterans' Memorial be accepted and appropriated to
14 a contributions account for subsequent payment to tbe Virginia Beach Veterans'
15 Memorial Committee to help offset the construction cost of the Memorial.
16 BE IT FURTHER ORDAINED:
17 That the appropriations be offset by a like increase in estimated
18 revenues as a result of a grant froin the State.
19 This ordinance shall be in effect from the date of its adoption.
20 Adopted by the Council of the City of Virginia Beach, Virginia on the
21 14 day of August 1989.
22 First Reading: August 7, 1989
2 3 Second Reading: August 14, 1989
- 40 -
Item IV-I.3
CONSENT AGENDA ITDM # 31651
Upon motion by Councilman Baum, seconded by Councilman Perry, City Counicl
ADOPTED upon SECOND READING:
Ordinance to APPROPRIATE $49,062 to Emergency
Medical Services for the purchase of an ambulance
for use by the Courthouse Volunteer Rescue Squad.
Voting: 11-0
Council Members Voting Aye:
Albert t@. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, liarold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
I AN ORDINANCE TO APPROPRIATE $49,062 TO
2 EMERGENCY MEDICAL SERVICES FOR PURCHASE OF AN AMBULANCE
3 FOR USE BY THE COURTHOUSE VOLUNTEER RESCUE SQUAD
4
5
6 WHEREAS, the city assists volunteer rescue squads in purchasing major
7 equipment through loans, grants, or direct purchases, depending on a squad's
8 ability to pay and
9
10 WHEREAS, the Courthouse Rescue Squad has a critical need for replacement
11 and upgrade of an ambulance and lacks resources to fully fund the purchase of
12 such equipment and
13
14 WHEREAS, the Courthouse Rescue Squad has $31,062 in available funds to
15 contribute towards the $49,062 purchase price of the needed ambulance and
16
17 WHEREAS, budgeted "One-for-Lifell emergency rescue program revenue from the
18 state for FY 89-90 did not include projected increases due to implementation of
19 two year state vehicle registration and
20
21 WHEREAS, given the magnitude of the city contribution for this equipment
22 is such that the ambul.ance will, upon purchase, be a part of the city vehicle
23 fleet,
24
25 NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
26 VIRGINIA that funds in the amount of $49,062 be appropriated by the City of
27 Virginia Beach to fund the purchase of an ambulance for use by the Courthouse
28 Rescue Squad, and that revenue from the state "One-for-Life" program be increased
29 by $18,000, and revenue from Donations from Volunteer Rescue Squads be increased
30 by $31,062.
31
32 This ordinance shall be effective from the date of its adoption.
33
34 Adopted by the Council of the City of Vir Virginia on
35 the 14 day of August 1989.
36
37 First Readin@, August 7, 1989
38 Second Reading AU34ust 14, 1989
- 41 -
Item IV-I.4
CONSENT AGENDA ITEM # 31652
Upon motion by Councilman Baum, seconded by Councilman Perry, City Council
ADOPTED upon SECOND RFADING:
Ordinance to APPROPRIATE $36,432 to the
Commonwealth's Attorney's Office for an additional
Attorney I Position to be funded by a $28,302
increase in estimated revenues and an $8,130
transfer from Reserves.
Voting: 10-1
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
Reba S. McClanan*
Council Members Absent:
None
*Verbal Nay
1 AN ORDINANCE TO APPROPRIATE $36,432 TO THE COMMONWEALTH'S
2 ATTORNEY'S OFFICE FOR AN ADDITIONAL ATTORNEY I POSITION
3 TO BE FUNDED BY A $28,302 INCREASE IN ESTIMATED REVENUES
4 AND AN $8,130 TRANSFER FROM RESERVES
5 WHEREAS, the office of the Co=onwealth's Attorney has been cjranted
6 approval for an additional Attorney I position from the State Compensation Board
7 for FY89-90 to address the office's increasing caseload;
8 WHEREAS, the total cost for the position $36,432 including salary, fringe
9 benefits, furniture, and other operating support, and can be funded by $28,302
10 additional revenues in the form of reimbursements from the Commonwealth, and
11 $8,130 transferred from General Fund Reserve for Contingencies;
12 NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
13 BEACH:
14 That an additional Attorney I position be approved and funds in the amount
15 of $36,432 be appropriated to the Commonwealth's Attorney's Office for FY89-90;
16 That estimated revenues from the Commonwealth in the form of reimbursements
17 be increased by $28,302;
is That $8,130 be transferred from General Fund Reserve for Contingencies to
19 finance the balance of the necessary appropriations.
20 Adopted by the Council of the City of Virginia Beach, Virginia, on the
21 14 day of August, 1989.
22 This ordinance shall be in effect from the date of its adoption.
23 FIRST READING: August 7, 1989
24 SECOND READING: August 14, 1989 APPR@OVED AS TO CON"ENTS
AF- PS TO L-1@
L
C,
- 42 -
Item IV-I.5
CONSENT AGENDA ITEM # 31653
Upon motion by Councilman Baum, seconded by Councilman Perry, City Council
ADOPTED upon SECOND READING:
Ordinance to APPROPRIATE a $5,210 Grant from the
Virginia Council on the Environment to enable
access to State environmental data bases.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara 14. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
1 AN ORDINANCE TO APPROPRIATE A $5,210 GRANT FROM
2 THE VIRGINIA COUNCIL ON THE ENVIRONMENT
3 TO ENABLE ACCESS TO STATE
4 ENVIRONMENTAL DATA BASES
5 WHEREAS, the City Council of Virginia Beach, Virginia has expressed
6 the desirability of establishing and maintaining an envirorimental data base to
7 assist staff in amending the City's Comprehensive Plan and administration of the
8 development review process;
9 WHEREAS, the City has applied for and received a grant in the amount
10 of $5,210 from the Virginia Council on the Environment to acquire geographic
11 information software to enable the City to access State environmental data bases;
12 WHEREAS, the City, as a condition of tbe grant, is required to
13 provide environmental information to the Virginia Council on the Envirorunent;
14 WHEREAS, there is no required funding match in order to receive tbis
15 grant.
16 NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
17 BEACH, VIRGINIA:
18 That the $5,210 grant from the Virginia Council on the Envirorunent be
19 accepted and appropriated to the Department of Planning.
20 BE IT FURTHER ORDAINED:
21 That this appropriation be offset by a $5,210 increase in the
22 estimated revenue as a result of the grant from the Virginia Council on the Environ-
23 ment.
24 BE IT FURTHER ORDAINED:
25 That the City Manager be authorized to purchase appropriate geo-
26 graphic information software utilizing grant funds.
27 This ordinance shall be in effect from the date of its adoption.
I -@e
28 Adopted by tbe Council of the City of VirginiA:-B"6E- V.@,
29 14 day of August 1989,
30 FIRST READING: August 7, 1989
D @ i@"In
31 SECOND READING: August 14, 1989 V, I,- t,@,
- 43 -
Item IV-1.6 a.
CONSENT AGENDA ITEM # 31654
Upon motion by Councilman Baum, seconded by Councilman Perry, City Council
ADOPTED:
Ordinance appointing Viewers in the petition of
LOIZOU, INC. for the closure of a portion of BROAD
STREET west of Southgate Avenue, Euclid Place,
(BAYSIDE BOROUGH)
The Viewers are:
David Grochmal Director of General Services
C. Oral Lambert, Jr. Director of Public Works
Robert J. Scott Director of Planning
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert'E.
Fentress, liarold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
ORDINANCE APPOINTING VIEWERS
WHEREAS, Loi2ou, Inc. has given due and proper notice, in
accordance with the statutes for such cases made and provided
that they will on the @l/ day of 1 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 inconveniences 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 particularly described as follows:
ALL THAT certain lot, piece or parcel of land
situate, lying and being in the City of Virginia
Beach, virginia, and being known and designated as
"BROAD STREET TO BE VACATED AND CLOSED" on that
certain physical survey entitled "PHYSICAL SURVEY OF
BROAD STREET, WEST OF SOUTHGATE AVENUE EUCLID PLACE,
BAYSIDE BOROUGH, VA. BEACH, VA.'-, dated March 11,
1989, and made by MGM Engineering & Surveying, and
being more particularly bounded and described as
follows:
BEGINNING at a pin located at the northeast corner
of Lot 22, Block 27, as shown on that certain plat
entitled "EUCLID PLACE", duly recorded in the
Clerk's office of the Circuit Court of the City of
Virginia Beach, virginia, in Map Book 4, at pages 62
and 63 (the "Plat"), and thence running South 891,
441 5811 West 125 feet, more or less, along the
northern line of Lot 22, Block 27, as shown on the
Plat to the northwest corner of Lot 22, Block 27, as
shown on the Plat; thence running North O' 151 0211
West 60 feet, more or less, along an extension in a
northerly direction of the western line of Lot 22,
Block 27, as shown on the Plat to the northern line
of Broad Street; thence running North 89' 441 5811
East 125 feet, more or less, along the northern line
of Broad Street, to the western line of Southgate
Avenue; thence running South 0 @ 15t 02" East 60
feet, more or less, along the western line of
Southgate Avenue, to the point of beginning.
All the above, as shown upon that certain plat entitled
"EUCLID PLACE" duly recorded in the Clerk's office of the Circuit
Court of the City of Virginia Beach, Virginia in Map Book 4, at
pages 62 and 63, and which is further described on that certain
survey entitled "PHYSICAL SURVEY OF BROAD STREET, WEST OF
SOUTHGATE AVENUE EUCLID PLACE, BAYSIDE BOROUGH, VA. BEACH, VA."
made by MGM Engineering and Surveying, dated March 11, 1989,
which survey is attached hereto and made a part thereof and
intended to be recorded with the Ordinance closing the aforesaid
street.
Adopted: August 14, 1989
ORDINANCE NO.
IN THE MATTER OF CLOSING, VACATING AND
DISCONTINUING A PORTION OF THAT CERTAIN
STREET OF VARIABLE WIDTH, KNOWN AS BROAD STREET,
AS SHOWN UPON THAT CERTAIN PLAT ENTITLED
WHI(
WHEREAS, it appearing by affidavit that proper notice has
been given by Loizou, Inc. that it would make application to the
Council of the city of Virginia Beach, Virginia on
1989, to have the hereinafter street discontinued, closed, and
vacated; and
WHEREAS, it is the judgment of the Council that said
street be discontinued, closed and vacated;
NOW THEREFORE,
SECTION I
BE IT ORDAINED by the Council of the City of Virginia
Beach, Virginia that the hereinafter described street be
discontinued, closed and vacated:
ALL THAT certain lot, piece or parcel of land
situate, lying and being in the City of virginia
Beach, Virginia, and being known and designated as
"BROAD STREET TO BE VACATED AND CLOSED" on that
certain physical survey entitled "PHYSICAL SURVEY OF
BROAD STREET, WEST OF @OUTHGATE AVENUE EUCLID PLACE,
BAYSIDE BOROUGH, VA. BEACH, VA.", dated March 11,
1989, and made by MGM Engineering & Surveying, and
being more particularly bounded and described as
follows:
BEGINNING at a pin located at the northeast corner
of Lot 22, Block 27, as shown on that certain plat
entitled "EUCLID PLACE", duly recorded in the
Clerk's Office of the Circuit Court of the City of
Virginia Beach, Virginia, in Map Book 4, at pages 62
and 63 (the "Plat"), and thence running South 89'
441 5811 West 125 fee , more or less, along the
northern line of Lot 22, Block 27, as shown on the
Plat to the northwest corner of Lot 22, Block 27, as
shown on the Plat; thence running North Oc 151 0211
West 60 feet, more or less, along an extension in a
northerly direction of the western line of Lot 22,
Block 27, as shown on the Plat to the northern line
of Broad street; thence running North 891 441 5811
East 125 feet, more or less, along the northern line
of Broad Street, to the western line of Southgate
Avenue; thence running South O" 151 0211 East 60
feet, more or less, along the western line of
Southgate Avenue, to the point of beginning.
Said parcel of land designated as
as
GPIN 1467 95 2752 0000
indicated on that certain plat Of property in Vircjinia 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 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# 1467 95 2752 0000
NOTICE
PLEASE TAKE NOTICE, that at the meeting of the City
council of the City of Virginia Beach, Virginia, to be held on
the day of , 1989, at , 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, inconveniences would result from the
vacating, closing and discontinuance of same, the said portion of
said street being described as follows:
ALL THAT certain lot, piece or parcel of land
situate, lying and being in the City of Virginia
Beach, Virginia, and being known and designated as
"BROAD STREET TO BE VACATED AND CLOSED" on that
certain physical survey entitled "PHYSICAL SURVEY OF
BROAD STREET, WEST OF SOUTHGATE AVENUE EUCLID PLACE,
BAYSIDE BOROUGH, VA. BEACH, VA.", dated March 11,
1989, and made by MGM Engineering & Surveying, and
being more particularly bounded and described as
follows:
BEGINNING at a pin located at the northeast corner
of Lot 22, Block 27, as shown on that certain plat
entitled "EUCLID PLACE", duly recorded in the
Clerk's Office of the Circuit Court of the City 6f
Virginia Beach, virginia, in Map Book 4, at pages 62
and 63 (the "Plat"), and thence running South 8@
441 5811 West 125 feet, more or less, along the
northern line of Lot 22, Block 27, as shown on the
Plat to the northwest corner of Lot 22, Block 27, as
shown on the Plat; thence running North Oc 151 0211
West 60 feet, more or less, along an extension in a
northerly direction of the western line of Lot 22,
Block 27, as shown on the Plat to the northern line
of Broad Street; thence running North 89' 441 5811
East 125 feet, more or less, along the northern line
of Broad Street, to the western line of Southgate
Avenue; thence running South O" 151 0211 East 60
feet, more or less, along the western line of
Southgate Avenue, to the point of beginning.
All the above, as shown upon that certain plat entitled
"EUCLID PLACE" duly recorded in the Clerk's Office of the Circuit
Court of the City of Virginia Beach, Virginia in Map Book 4, at
pages 62 and 63.
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
Broad Street in the City of Virginia Beach, Virginia, described
above.
LOIZOU, INC.,
C.
Lorin D. Hay
4336 Virginia Beach Boulevard
Virginia Beach, Virginia 23452
IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF
THAT CERTAIN STREET, KNOWN AS BROAD @TREET, AS SHOWN UPON THAT
CERTAIN SURVEY ENTITLED "PHYSICAL SURVEY OF BROAD STREET, WEST OF
SOUTHGATE AVENUE, EUCLID PLACE, BAYSIDE BOROUGH, VA. BEACH, VA.",
WHICH SURVEY IS ATTACHED HERETO.
PETITION
TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE CITY OF
VIRGINIA BEACH
Your Petitioner, LoizOu, Inc., respectfully represents
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:
ALL THAT certain lot, piece or parcel of land
situate, lying and being in the City of
Virginia Beach, Virginia, and being known and
designated as "BROAD STREET TO BE VACATED AND
CLOSED" on that certain physical survey
entitled "PHYSICAL SURVEY OF BROAD STREET,
WEST OF SOUTHGATE AVENUE EUCLID PLACE,
BAYSIDE BOROUGH, VA. BEACH, VA.", dated March
11, 1989, and made by MGM Engineering &
surveying, and being more particularly
bounded and described as foilows:
BEGINNING at a pin located at the northeast
corner of Lot 22, Block 27, as shown on that
certain plat entitled "EUCLID PLACE", duly
recorded in the Clerk's Office of the Circuit
Court of the City of Virginia Beach,
virginia, in Map Book 4, at pages 62 and 63
(the "Plat"), and thence running South 89'
441 5811 West 125 feet, more or less, along
the northern line of Lot 22, Block 27, as
shown on the Plat to the northwest corner of
Lot 22, Block 27, as shown c)n the Plat;
thence running North O@ 15' 02" west 60 feet,
more or less, along an extension in a
northerly direction of the western line of
Lot 22, Block 27, as shown on the Plat to the
northern line of Broad Street; thence running
North 890 441 5811 East 125 feet, more Or
less, along the northern line of Broad
Street, to the western line ofcSouthgate
Avenue; thence running South 0 15' 0211 East
60 feet, more or less, along the western line
of Southgate Avenue, to the point of
beginning.
Said parcel of land being a portion of Broad Street, as
indicated on that certain plat entitled "EUCLID PLACE" duly
recorded in the clerk's Office of the Circuit Court of the City
of virginia Beach, Virginia in Map Book 4, at pages 62 and 63;
and which is further described on that certain survey entitled
"PHYSICAL SURVEY OF BROAD STREET, WEST OF SOUTHGATE AVENUE EUCLID
PLACE, BAYSIDE BOROUGH, VA. BEACH, VA." made by MGM Engineering
and Surveying, dated March 11, 1989, which survey is attached
hereto and made a part hereof and intended to be recorded with
the ordinance closing the aforesaid street.
2. That no inconvenience will result to any persons by
reason of said closing, vacating, and discontinuance of said
street; and the Petitioner prays that this Honorable Court
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 20th day of September, 1982, as to whether in the
opinion of said Viewers, what inconvenience, if any, would result
from the discontinuance and closing ot this portion of said
street, as herein reported and described.
3. That on the _ day of 1989 and on
the_ day of -- 1 1989, notice of the presenting of
this application was published in the Beacon, a newspaper of
qeneral circulation in the City of Virginia Beach, Virginia.
4. That the fee simple owner of the underlying fee is
Loizou, Inc. The property will not be divided between the one
remaining adjacent landowner because your Petitioner owns the fee
underlying the street.
Respectfully submitted,
LOIZOU, INC.,
Of Counsel
rin D. Hay
4336 Virginia Beach Boulevard
Virginia Beach, virginia 23452
LEGNL DESCRI@ION
ALL THAT certain lot, piece or parcel of land
situate, lyin(g and being in the City of virginia
Beach, Virginia, and bein(g known and designated as
"BROAD STREET TO BE @'ACA,rED AIID CLOSEDI- on that
certain physical survey entitled "PliySICAL SURVEY OF
BROAD STREET, WEST OF' SOUTHGATE AVENUE EUCLID PLACE,
BAYSIDE BOROUGH, VA. BEACH, VA.", dated March 11,
1989, and made by MGf4 Engineering & Surveying, and
being nore particularly bounded and described as
follows:
BEGINNING at a pin located at the northeast corner
of Lot 22, Block 27, as shown on that certain plat
entitled "EUCLID PLACE", duly recorded in the
Clerk's Office of the Circuit Court of the City of
virginia Beach, Virginia, in Map Book 4, at pages 62
and 63 (the "Plat"), and thence running South 89"
441 5811 West 125 feet, more or less, along the
northern line of Lot 22, BloCk 27, as shown on the
Plat to the northwest corner of Lot 22, Block 27, as
shown on the Plat; tlience running North O' 151 0211
West 60 feet, more ot- less, along an extension in a
northerly direction ot tlie western line of Lot 22,
Block 27, as shown of) tlie Plat to the northern line
of Broad Street; thence running North 890 441 58"
East 125 feet, more or less, aloncj the northern line
of Broad Street, to the western line of Southcjate
Avenue; thelice rutinilicj South O@ 15' 02" EaSt 60
feet, more or less, zilong the western line of
Southgate Avenue, to the point of beginning.
A P@ A V
STATE OF VIRGINIA
CITY OF V',-RGINIA BEACH, tO--Wi-t:
I, Lorin D. ilay, attorney or [,c.!-7,ou, Inc., b(,ing fir@,t duly
sworn, deposes and stal@es:
1. Th@it I am aii a--to--ne@, it law and -('-presc,.Iit Loizou,
Inc.
2. That on @-he 20th day of jL!I-,,7, 1939 ind the 27th day of
july, 1939, no@@ice of '@@,e pl-esenl--@l-nc, of --he applicati.on to close
a portion of that certa:-n s@reet known as Broad Strect on beha'lf
of Loizou, -Inc., was puhii@hed -'In @-he Vi--ginian Pil@o-,/Ledqer
Star, a newsoaper of general c@-rcul-,il--i.on in tlic--, City of Vi--gi-nia
Beach, vi-rqini-a-
And -further the depcnent s-,Ii',-.h not.
Subscr"bed and sworr. !Defoe rc-, ti@.@
Not,@ry,l Pu,@).
My Commission Exp@'lrc)s:
LAW C)rFIC!--';
LORIN D. HAY
4336 Vilgi@il ;@"Ill 13 ... @l,v,,d
Vi,@@i@i, 2.,,452
48 -1551
CERTIFTCATE OF VESTTNG OF T-@'@'LE
Lorin D. Hav, attorney fc)r Lo@-zou, inc., the
petitioner, do he--eby certi-Ily -,hat:
1. i an an attornoy at '@aw and represent Loizou, Inc.,
the pet@l-ioner.
2. If "he property described below i-s discontinued,
cl@osed and vac@,'-ed by the council of the city of Virginia Beach,
virginia, -hen 1-i---Ile to said property will veE-:' n Loizou, Inc.,
the fee si-itiole owner of th-- underlying in the Sad property.
The oroperty no-, be d@-v@-ded between th(, one re-aini-ng
adjacent landowner because Loizeu, 11-nc. owns tho, fee -,@ldc--Iving
the proper'-y.
.-he said property referred to herein i-s he,--cby
described as foll,cws:
ALL TIIA'R ce--tain lot, -4@ece or parcel of land
situate, iving and being in the City of
Virginia Beach, virginia, and being ],:nown and
designated as "BROAD STREE'F TO BE V2,,CATED AND
CLOSED" on that certain physical survey
ep.titled "PIIYSICAL SIJRVFY OF B-TZ,@Al) STI@EE'@@',
WEST OF SOUTHGATE AVENUE EUCLID PLACE,
BAYSIDE BOROUGH, VN. BE,.%CH, VA.", dl-led MF,-@ch
11, 1989, and P-ade by MGM Enginaering &
Surveying, and L-,e4-nq -,ncre part-'Icularlv
bounded and @escribed as fcllows:
BEGTNNI!qG It a pin ',-ocated a", the iiorth-cas--@
corner of Lot 22, Block 27, as shown on that
cer@-ain plat enti-t@@ed "EUCL-@D PLACE", duly
recorded i-n thc--, C-'@erk's Off@-co ol- tho Circ@-iit
Court cf the Citv of VI-.-rqi-nia Beach,
vi, rg; Iii@l, i Ti f,'[at) BR)OI, Iii ci 63
4,l itiore (@t-
tti(@ I of- I.,ot 22, 2'7,
sl)o@,in oii tlie Tl,tlt j- I I
c) tl)c,. lior'liw,@@,' c@orner of
l,oL 22, @l@ oil til(' 12ILit;
,@f)once rLITITliT]C', 0 0211 v7eF.,'- 6() fo-clt,
nic)ro. c)r
liortlierLy of- t"C'
I,()t '1)2, f-,Ilow!l ()TI ttl@ !)Jllt to t)@c
iiortlierti I.iiie of ttien(-,.o-
Nortli 5,@ll 115 lo-t:, mc)r@ (-)r
;!Ioll(l ti@('
, I o t 11(@ 11 1)"
Aveiiiie; tlieiice 11;' 02!'
60 f(,et, nic)-e or till-, W(@', teril
c)C S,)i-itlig@ito Avotilic), t,) t@')()
- 44 -
Item IV-I.6 b.
CONSENT AGENDA ITEM # 31655
Upon motion by Councilman Baum, seconded by Councilman Perry, City Council
ADOPTED:
Ordinance appointing Viewers in the petition of
Petition of B & 0 DEVELOPMENT CORPORATION for the
closure of a portion of 26TH STREET, west of
Cypress Avenue, (VIRGINIA BEACH BOROUGH).
The Viewers are:
David Grochmal Director of General Services
C. Oral Lambert, Jr. Director of Public Works
Robert J. Scott Director of Planning
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice @layor Robert E.
Fentress, Harold Heischobbr, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
ORDINANCE APPOINTING VIEWERS
WHEREAS, B & 0 Development Corp., Sunshine
Development Associates, Maxwell D. Sanders and Salley H.
Sanders have given due and proper notice in accord with law
that they would, on the 14th day of August, 1989, apply to
the City Council of the City of Virginia Beach, Virginia,
for the appointment of viewers to view the portion of 26th
Street west of Cypress Avenue containing 12,753 sq. ft. in
Virginia Beach Borough, in the City of Virginia Beach,
Virginia, and to report in writing to this Council whether,
in the opinion of said viewers any, and if any what,
inconvenience would result from the discontinuance, closure
and abandonment of said portion of 26th Street; and
WHEREAS, such application has been properly filed
with tbis Council; and
WHEREAS, all requirements of law have been met;
NOW, THEREFORE, be it ORDAINED by the Council of
the city of virginia Beach, Virginia, that C. Oral Lambert,Jr.,
Robert Scott , and David Grochmal be and each
of them is hereby appointed to view that portion of 26th
Street west of Cypress Avenue containing 12,753 sq. ft. as
shown on the "Survey of Property Part of 26th Street to be
Closed," made by Bonifant Land Surveys dated 15 January
1989, copies of which are on file in the Planning Department
and in the City Attorney's office at the Municipal Center,
Princess Anne, Virginia Beach, Virginia, and said viewers
shall report in writing to this Council as soon as possible
whether in their opinion any, and if any what, inconvenience
would result to the public from the discontinuance, vacation
and abandonment of said portion of 26th Street.
Adopted: August 14, 1989
C,ROV17R C. NVRIGIIT,,JR.
Mld,09 Sg3HdAJ
0 1,9(,
(P,,!,),! )g
In
CITY OF VIRGINIA BEACH
TO (ORDINANCE OF VACATION
B & 0 DEVELOPMENT CORP.,
@UNSHINE DEVELOPMENT ASSOCIATES,
MAXWELL D. 6ANi)ERS,
and SALLEY H. SANDERS
AN ORDINANCE VACATING AND DISCONTINUING
A PORTION OF 26TH STREET CONTAINING 12,753 SQ. FT.
WEST OF CYPRESS AVENUE IN VIRGINIA BEACH BOROUGH,
IN THE CITY OF VIRGINIA BEACH, VIRGINIA
WHEREAS, proper notice of the intended application
of the applicants, B & 0 Development Corp., Sunshine
Development Associates, Maxwell D. Sanders, and Salley H.
Sanders, to be presented to the City Council of the City of
Virginia Beach, Virginia, on the 14th day of ugust
1989, for the vacation of the hereinafter described street
in the Virginia Beach Borough in the City of Virginia Beach,
Virginia, was on the 15th day of July , 1989, and on
the 22nd day of july , 1989, duly published twice
with six days elapsing between the two publications in a
newspaper published or having general circulation in the
City of Virginia Beach, Virginia, specifying the time and
place of hearing at which affected persons might appear and
present their views, in conformity with the manner pre-
scribed by Code of Virginia, Section 15.1-364, for the
institution of proceedings for the vacation of a portion of
26th Street; and
WHEREAS, said application was made to the City
Council of the City of Virginia Beach, Virginia, on the
14,L@ day of August , 1989, and in conformity with the
manner prescribed by Code of Virginia, Section 15.1-364, for
the conduct of such proceedings, the City Council of the
City of Virginia Beach, Virginia, on the 14th day of
A,,q,,,@ , 1989, appointed I I
and , as viewers to view such street and
report in writing whether in their opinion any, and if any,
GPIN NOS. 2417-89-3973
GRO','ER C. wi@iGii,r,.YR. 2417-89-2685
2417-89 3687
..... ..... 2417-89-3807
what inconvenience would result from discontinuing the same,
and said viewers have much such report to the City Council
of the City of Virginia Beach, Virginia; and
WHEREAS, from such report and other evidence, and
after notice to the land proprietors affected thereby, along
the portion of 26th Street proposed to be vacated, it is the
judgment of the City Council of the City of Virginia Beach,
Virginia, that these proceedings have been instituted,
conducted and concluded in the manner prescribed by Code of
Virginia, Section 15.1-364, that no inconvenience would
result from vacating and discontinuing the portion of said
26th Street and that the portion of said 26th Street should
be vacated and discontinued;
NOW, THEREFORE, BE IT ORDAINED by the Council of
the City of Virginia Beach, Virginia:
1. That the following portion of 26th Street
containing 12,753 sq. ft. west of Cypress Avenue in the
Borough of Virginia Beach, in the City of Virginia Beach,
Virginia, be and the same is hereby vacated and
discontinued:
All that certain piece or parcel of land
situate, lying and being in the Borough of
Virginia Beach, City of Virginia Beach,
State of Virginia, designated as that part
of 26th Street containing 12,753 sq. ft.
west of Cypress Avenue shown on that certain
plat attached hereto entitled "Survey of
Property Part of 26th Street to be Closed,"
dated 15 January, 1989, made by Bonifant
Land Surveys.
2. A certified copy of this ordinance of vacation
shall be recorded as deeds are recorded and indexed in the
name of the City of Virginia Beach, Virginia, as Grantor,
and in the names of Sunshine Development Associates, B & 0
Development Corp., Maxwell D. Sanders, and Salley H.
Sanders, as Grantees, in the Clerk's Office of the Circuit
Court of the City of Virginia Beach, Virginia, at the
expense of the applicants.
2
IN THE MATTER OF THE APPLICATION OF
B & 0 DEVELOPMENT CORP., SUNSHINE
DEVELOPMENT ASSOCIATES, MAXWELL D.
SANDERS, and SALLEY H. SANDERS FOR
THE CLOSURE, VACATION AND DISCONTINUANCE
OF A PORTION OF 26TH STREET, WEST OF
CYPRESS AVENUE, CONTAINING 12,753 SQ.
FT., IN VIRGINIA BEACH BOROUGH, CITY
OF VIRGINIA BEACH, VIRGINIA
PETITION
TO: THE CITY COUNCIL of the
City of Virginia Beach,
Virginia Beach, Virginia
Your petitioners, the applicants, B & 0 Develop-
ment Corp., Sunshine Development Associates, Maxwell D.
Sanders, and Salley H. Sanders, who own all the property
abutting the portion of 26th Street to be closed on both
sides of the closure, hereby apply for the vacation, closing
and discontinuance of that portion of 26th Street containing
12,753 sq. ft., west of Cypress Avenue, adjacent to their
property in Virginia Beach Borough, Virginia Beach,
Virginia, shown on that certain plat entitled "Survey of
Property Part of 26th Street to be Closed," dated 15 January
1989, made by Bonifant Land Surveys.
Your petitioners and applicants allege that no
inconvenience will result to the public by reason of said
closure and ask that Council appoint viewers as provided by
law to view the said portion of 26th Street sought to be
closed and report in writing to the Council as to whether in
the opinion of the viewers what inconvenience, if any, would
result from the discontinuance and closure as herein sought,
at which tiine the petitioners will ask for passage of an
ordinance vacating that portion of 26th Street sought to be
closed herein.
On - July 15 1989, and on July 22
1989, notice of intention to apply for such vacation to the
Council was published as required by law in the VIRGINIAN-
GROVI-,R C. WRIGii,r,,JR.
PILOT, a newspaper published or generally circulated in
Virginia Beach, Virginia.
Respectfully submitted,
B & 0 DEVELOPMENT CORP.
By
B. Bruce Taylor, P@sident
SUNSHINE DEVELOPMENT ASSOCIATES
And( artnet
r
(SEAL)
Maxwell D. Sanders
Salley H@ Sanders
NOTICE
TAKE NOTICE of the intention of B & 0 Development
Corp., Sunshine Development Associates, Maxwell D. Sanders,
and Salley H. Sanders to apply to the City Council of the
City of virginia Beach, Virginia, at a meeting thereof on
Monday, August 14 , 1989, at 2:00 p.m., in Council
Ch@.bers, Munici.pal Administration Building, Princess Anne,
Virginia Beach, Virginia, at which time affected persons niayappear
and present tlaeir, views,for the appointment of Viewer,s to determine
wliat, if any, iriconv(@nience would result fi,om t@ie vacati.on of a
portion of 26th Street west of Cypress Avenue containing
12,753 sq. ft., in the Virginia Beach Borough of the City of
Virginia Beach, Virginia.
B & 0 DEVELOP@IENT CORP.
By @e
B. Bruce Taylor, Preg
SUNSHINE DEVELOPMENT ASSPCIATES
And
SEAL)
maxwell D. Sd-fiders
(SEAL)
S-.lley @ Sanders
C@ AVRI(;IIT, Jl?,
. .......... . ..
(;IZOVFill (1@. J!@.
A'I' ilk@V, i,
May 24, 1989 IA, I'A.
City Attorney
Citv of Virgiria Beacii
Municipal Center
Virgi-nia Beach, VA 23456
Tn re: CERTIFICATE OF TITLE - STREET CLOSUpr-,
DESCRIPTION: A',l that c-rta4n pic-ce or p,@rce'@ of land
situate, 17ing an6 bei-ng in the City -nf Virginia Beach,
State of Vi-rginia, beina that part of 26th Street wllich
l@ie-@ between thr-, t@orthc@rn line of Lots 27 tliroLic1h 35,
-inclusive, in Block 134, is @hown on the Plat o-@
Ridgecrest, @ihi-Ch )!at recorded @-n the Cle--k's
office of the C4.,cai-t CoL,.rt o@- the City of Vi--,g-'@nia
Boach, in Ma-o Book 7, zit pige '-01, and the
southern line of that cer"ai-n parcel des@-gnated as !-1
as si,own on a T)la-, entitled "Plan of Propcrty l,ocated
i-n Va. Beach, Va., Scale 1" = 100', Aug. '5, 1953, W. D.
Gal@'@up, Surveyor," rocor@ic,,l i-n -,@iC. Clorl,'s Off,'-c(, i.,n
Deed Book @156, at ,)acre 305, i portion of thc@ last-
ment4.cned parcel il.so IDei-ng shown Is Si.te "A" on
i--hat certain plat o'--- @-h(---, Propertv o-@ @Ohockoe Real.ty
Co.-p. recor,-@,,ed iii -.,iid Clerk's Ol---@ice '-n t-l-@..p @IC)ok 45,
at pa@e 52.
Pea- Si.r:
certi-v th@it I 1,E,,vc ex,,min-cl tiie record I:itle, I@,
disclosed hy tlie gc@neril -,'-ndi-ces, to tlie ihove-(I-escr,'-bed
property, and find thc2 same to be a cledic@ited @treet, tl@e
fee simp'Le title to w!),'-ch., uTDon c"osure of said street i-ii
s'l-r4ct compliarce ,,7ith thc-, lai,7s governina the -,ame, the
southern one-half of t,ie abo,,,--descri-IDeci Dorticn of 2GLh
Strec-,t w-'Ill- vest i-ii Sunshine D@-,,;e lo@melit 'Issoc iate-@, ii
,o -he
Virginia general par iiEr,@ha7l ec.,d owner r@t above
m(-@nti.oned I-oi--s 27 t.hrough 35, inclias-'@vc@, i,i 13!c,,ck 134; and
the western 166', i.,.c)re or less, of t:h,- nori-liern one-half C)f
the above-d(@scr-'-b(@@3 part of 26th Street will vest in B &-0
Development Col,_-p_. , i @"irginin cor-,oo2:at4-or-, the recorci @iner
o@ the western part of the above--ri@c@n'-Iioned l,ct or -1@.1--e
fronting 166' on the northern side of @6th Street; and the
remaincier or eastern 28.58', rro-e or less, of the northcrn
one-hal-4 of the above descri-bc@Ci parl@- of 26th Strc-,et will
vest in maxwell P,. SanOers and -@all-ev 11. F@i-clers, wh') hold
'@itic as tenants bv te E-,rt-'-rety, wi-th the -4-ght ol-
City Attorney
Page Two
May 24, 1989
survivorship as at ccn-,.on law, @-o that part of the above-
-i - 0
mentioned Lot or Site 1-1 shown @s Sit "A" on map Book 4@D,
page 52.
SU!3,7ECT TO TIIE FOLLOWI@IG EXCEPTIOL@S:
1. Exception is -Tade to any ri-ghts which the public,
city of Virginia Beach, and adjoining owners, including the
property owner ad@oining the western terminus of -aid
street, may have in the above-described part cf 26th Street
by virtue of its cledical-ion and/or use as a street.
Exception is made to ,natters which would be
revealed by an accurate, ciirrent physical survey o-f said
property.
3. The subject portion of 26th Street is not assessed
for taxes.
4. !LNFOi@iATION ONLY: Virginia Beach Realty Corp.
became ve@@ted v7i-tn t e record titie to the tract of land of
which the a'Dove-menticiied lots, s@-tes, parcels Ind portion
of street Eir(@ a part, by deed of Virginia reacli Syndicate,
I-nc. dated May 1-1, 1923, recorded in the aforementi.oned
Clerk's Office on May 21, 1923, in Deed Book 115, at page
432; Virginia Beach Realtv CorDoral-ion on August 28, 1925,
recordecl the Plat of Ridgecrest in Map Boolc 7, pac@,c@, 101,
reserving unto the sai(:i corpora4--@.on the fee in tlie streets;
the plat of Ridgecrest does not piat proT3e-ty north of 26th
S"reell, however, at that time Virginia Reacli Realty Corp.
still owned the property ad-'loining 26th Street on the north;
the underiving fee in the stibject porl-i-on of 26th Street,
reservc-@d (-,n the face o-f the Pi-at of riduecrest, later became
vested in Soames Corp., as did the afor@Tentioned property
lying c)n the northern sicc of 9-6th Street, by deed of
Virg4-nia Beach Realtv Coro. dated Fe.orLiary 17, 1932,
recorded @-n the aforerentioned Cle'rk's O@@-fice in Deed nook
168, at page 2-19; the sa@-d Soamcs Corp, bv various deeds
also became vested, of record t4-tle to thE, ifc)rementioned
lot@@ '@ying oii the southern si-de of 26th Str----t; none of the
deeds fro,-,, Soames Corp. to the va--i-ous purchasers of the
aforemen,@ioned '-ets, sites or parcels, rese--ved the fee in
the streets, therefore title to the iinclerl-ying fee in the
street cassed to the T)urchasers to the cente-- line of the
street adjoi-ning thei-r respc,.c-Li@7-@ i-)-ore---L-y, su@.bject tc) the
dedication thereof as a street; non-- c)-f the. -@ubsequent deeds
or nlats in '-he respe Ct4V e chiins of tit,o- rcs(,rved the fee
in the subject TDorti-on c)f 26th Street.
Citv Attorney
Page Three
May 24, I-Q-89
S. I'@,IFORiMATIO@l ON-LY: The applicant @or .he street
closure has a contract to acauire the Sande,,-s property.
Resp-"tfully,
GCWjr:bgd
AFFIDAVIT
STATE OF VIRGINIA,
CITY OF VIRGINIA BEACII, to-wit:
1, Grove@- C. Wriaht, Jr., Attorney for B & 0
Development CORD., Sunsh4ne Development Associates, Maxwell-
D. Sanders and Sallev H. Sanders, bei-g first duly sworn,
depose and state:
1. That i am @in Attorney a-@ Law and represent B &
0 Develooment Corp., Sunshi-ne Development Associates,
Maxwell D. Sandcrs and L-@ai'Ley H. Sande--s.
2. That on T,ily 7 , 1989, I requested TITE
VIRGINIAN-PILOT, a newspape-- havi-ng a general circulation in
the City of V@-rginia Beach, Virgiii,,, to publish on Jlal.y @1.5,
1989, and ,'@ily 2-1 ,1989, notice of the presenting of
the application to close a @rtion of 26th Street west of
Cypress Avenue @-n Virginia Beach Borough, Vi--ai-nia reach,
Virginia.
And further this deponfant ith r.
SL,bscrilDe(f, and s@ day
of 1989.
Dorothy Swanson
Notary @biic
my commission expires January 1, 1990.
LEGAL D-ESCR-IPTION
A',-l tlia+-- certa@-n p4ece or parcel of ",-F..nd situate,
lying and bei-ng -*@- Vi-rginia Beach Borcugli, @-n the C4-ty of
Vi,gin,'-a Beach, State of Virgi-nia, d-osi-g,latc@cl as a part of
26th Street (conta4-ning !--4,751 sq. ft.) west of CvTDress
Avenue o:i tlia-, certain pla-, ent.'L-,Ied "lurv(-@v of- P--oper-@y
Part of 26--h Street to !.)e Clo,ed," deted 2-5 J@in,-,ary 1989,
ma(le by Boni.'ant ',ana Sur,,leys, wh-'-ch plat 4.s a,,,a4lable in
the P'@anning Department and al-@-o in the C-'@ty At'--orney's
Offi-ce at the Miinici-,Ll Center, Pri-n--ess Anne, Virginia
Beach, virgin@-a.
- 45 -
Item IV-J.1.
APOINTMENTS ITEYI # 31656
BY CONCENSUS, City Council RESCHEDULED the following APPOINTMENTS:
DEVELOPMENT AUTHORITY
PUBLIC LIBRARY BOARD
- 46 -
Item IV-J.2
APOINTMENTS ITEM # 31657
Upon NOMINATION by Councilman Sessoms, City Council APPOINTED:
BOARD OF BUILJ)ING CODE APPFALS
PLUMBING & MECHANICAL DIVISION
Peter C. Striffler
Unexpired term thru 12/31/90
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara @l. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 47 -
Item IV-J.3
APOINTMENTS ITEM # 31658
Upon NOMINATION by Councilman Moss, City Council:
COMMUNITY CORRECTIONS RESOURCE BOARD
APPOINTED:
R. Bradshaw Pulley (MAYOR)
Two year term 9/1/89 - 8/31/91
RF-APPOINTED:
Reeves Johnson (MAYOR)
Two year term 9/1/89 - 8/31/91
Mason M. @loton (VIRGINIA BEACH CITY COUNCIL)
Two year term 9/1/89 - 8/31/91
Gene A. Woolard (VIRGINIA BEACH CITY COUNCIL)
Two year term 9/1/89 - 8/31/91
CONFIRMED REAPPOINTMENT:
John L. Perry (VIRGINIA BEACH CIRCUIT COURT)
Two year term 9/1/89 - 8/31/91
Clyde 1. Siler (VIRGINIA BEACH CIRCUIT COURT)
Two year term 9/1/89 - 8/31/91
CONFIRMED REAPPOINTMENT:
Richard Taylor (VIRGINIA DEPARTMENT OF CORRECTIONS)
Two year term 9/1/89 - 8/31/91
Voting; 11-0
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, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 48 -
Item IV-J.4
APOINTMENTS ITEM # 31659
Upon NOMINATION by Councilwoman Parker, City Council APPOINTED:
FRANCIS LAND HOUSE BOARD OF GOVERNORS
James A. Stick
Unexpired term thru 12/31/89
Voting: 11-0
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, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 49 -
Item TV-J.5
APOINTMENTS ITEM # 31660
Upon NOMINATION by Councilman fleischober, City Council REAPPOINTED:
PARKS AND RECREATTON COMKTSSION
James A. Cutchins (AT LARGE)
Robert G. Hicks (KEMPSVILLE BOROUGH)
Arthur Matheny (PRINCESS ANNE BOROUGH)
Three year term - 9/1/89 - 8/31/92
Voting: 11-0
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, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 50 -
Item IV-J.6
APOINTMENTS ITEM # 31661
Upon NOMINATION by Vice Mayor Fentress, City Council APPOINTED:
RESORT AREA ADVISORY COMMISSION
James H. Capps
Unexpired term thru 12/31/91
Voting: 11-0
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, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 51 -
Item IV-J.7
APOINTMENTS ITEM # 31662
Upon NOMINATION by Councilwoman Henley, City Council REAPPOINTED:
WETLANDS BOARD
James 0. Hertz
Five year term 10/1/89 - 9/30/94
Voting: 11-0
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, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 52 -
Item IV-K.I.
UNFINISHED BUSINESS ITEM # 31663
Rae H. LeSesne, 5325 Thornburg, Phone: 497-8008, represented the Council of
Civic Organizations and spoke in OPPOSITION
Douglas E. Braun, 4908 Klamath Road , Phone: 499-2674, spoke in OPPOSITION to
Vice Mayor Fentress and Councilwoman Henley's Resolution and in SUPPORT of
Councilwoman Parker's Resolution. Copy of Douglas E. Braun's statement is
hereby made a part of the record.
R. Dean Lee, Chairman of the Board of Directors - Hampton Roads Chamber of
Commerce-Virginia Beach, 4512 Virginia Beach Boulevard, Phone: 490-1221, spoke
in SUPPORT of Vice Mayor Fentress and Councilwoman Henley's Resolution and in
OPPOSITION of Councilwoman Parker's Resolution. Copy of the Chamber's
Statement of Position is hereby made a part of the record.
A MOTION was made by Councilwoman Henley, seconded by Councilman Perry to ADOPT
Resolution requesting Tidewater Transportation District Commission develop a
financial plan for the proposed Light Rail services and planning for a Naval
Base extension. Letter dated August 10, 1989, from Vice Mayor Fentress and
Councilwoman Henley shall be incorporated into the record.
A SUBSTITUTE MOTION was made by Councilman Moss, seconded by Councilwoman
Parker to ADOPT a Resolution requesting the Tidewater Transportation District
Commission pursue placement of a Light Rail System from Virginia Beach to the
Norfolk lqaval Base; to develop a Financial Plan for the proposed service and
limiting expenditures of the City; and/or, the enactment of Ordinances
establishing a Light Rail System until such time as the City Council receive
the advice of the qualified voters at an Advisory Referendum.
The concerns of Councilman Moss will be made a part of the record.
Voting: 5-6 (MOTION LOST TO A NEGATIVE VOTE)
Council Members Voting Aye:
Albert W. Balko, Reba S. McClanan, John D. Moss,
Mayor Meyera E. Oberndorf and Nancy K. Parker
Council Members Voting Nay:
John A. Baum, Vice Mayor Robert E. Fentress, Harold
Heischober, Barbara M. Henley, John L. Perry and
William D. Sessoms, Jr.
Council Members Absent:
None
- 53 -
Item IV-K.2.
UNFINISHED BUSINESS ITEM # 31664
Upon motion by Councilwoman Henley, seconded by Councilman Perry, City Council
ADOPTED:
Resolution requesting Tidewater Transportation
District Commission develop a financial plan for
the proposed Light Rail services and planning for
a Naval Base extension.
(Letter dated August 10, 1989, from Vice Mayor
Fentress and Councilwoman Henley shall be
incorporated into the record and is hereby made a
part of the proceedings.)
Voting: 8-3
Council Members Voting Aye:
John A. Baum, Vice Mayor Robert E. Fentress, Harold
Heischober, Barbara M. Henley, Reba S. McClanan,
Mayor Meyera E. Oberndorf, John L. Perry and William
D. Sessoms, Jr.
Council Members Voting Nay:
Albert W. Balko, John D. Moss and Nancy K. Parker
Council Members Absent:
None
R E S 0 L U T I 0 N
WHEREAS, the City Council has reviewed the proposed development of light
rail transit services in the Virginia Beach Expressway/I-264 Corridor; and,
WIIEREAS, additional information on several aspects of the proposed
service has been requested, including financial projects, and the protential
for service to the Sewell's Point Naval Base; and,
WHEREAS, the Tidewater Transportation District Commission (TTDC) has the
funds available to undertake a financial plan for the proposed service and a
reconnaissance of a Naval Base service; and,
WHEREAS, the cities of Norfolk, Chesapeake, and Portsmouth have
indicated their interest in further study of light rail transit as a regional
issue; and,
WHEREAS, the results of such further study will not obligate
participating cities to implement any of the findings and recommendations of
such study;
NOW THEREFORE, BE TT RESOLVED that the City of Virginia Beach requests
TTDC to develop a financial plan for the proposed light rail transit service
and planning for a Naval Base extension.
ADOPTED by the Council of the City of Virginia Beach, Virginia on the
Fourteenth day of August, Nineteen Hundred and Eighty-nine.
ROBERT E. FENTRESS 3010 ATLANTIC AVENUE
VICE-MAYOR VIRGINIA BEACH, VIRGINIA 23451
PHONE (804) 422-6084
August 10, 1989
The Honorable Mayor
Members of City Council
Dear Council Members:
The attached scope of work for the reconnaissance of a
light rail link to the Sewell's Point Naval Base and the
development of a financial plan for the project will, we
hope, provide the additional information which was requested
at the July 10 City Council session. It is our belief that
the resulting information will provide the Council with a
clearer set of facts on which to base a future decision.
we believe that it is premature to decide the next step,
which may very well be to have an advisory referendum to
gauge public opinion on the project. Certainly the option to
have a referendum remains. We would suggest that City
Council revisit the question concerning an advisory
referendum after the information which will be provided by
this proposed work is available.
Sincerely,
Robert E. Fentress
Vice-Mayor
Barbara M. Henley
Councilwoman
BKH:asd
- 54 -
Ttem IV-L.l.
NEW BUSINESS ITEM # 31664
Attorney James M. Pickrell, 300 Bank of the Commonwealth Building, 403 Boush
Street, Phone: 627-8365, represented the applicant
Honorable Louis R. Jones was in attendance and advised the property would be
utilized for a funeral home
Upon motion by Councilwoman McClanan, seconded by Councliman Heischober, City
Council AUTHORTZED the REQUEST of LK)UIS R. JONES F'OR RECONSIDERATION of
conditions in the January 27, 1986, APPROVED Application of RONALD L. and
HOLLY HALL for a Change of Zoning District Classification from R-3 Residential
District to 0-1 OTf-ice District on certain property at the Southeast corner of
GenerTl-Booth Boulevard and Princess Anne Road, shown as "Residue Acreage",
containing 3.25 acres (PRINCESS ANNE BOROUGH).
RECONSIDERATION was SCHEDULED for the City Council Meetin-. of October 23, 1989,
to coincide with the application for a change of zoning.
Voting: 11-0
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, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 55 -
Item IV-L.2.
NEW BUSINESS ITEM # 31665
ADD-ON
Upon motion by Councilwoman McClanan, seconded by Councilman Heischober, City
Council Directed the City Staff to DELETE Parish Road connection between Church
Point Farms and Thoroughgood (BAYSIDE BOROUGH).
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara 1q. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 56 -
Item IV-M.I.
ADJOURNMENT ITEM # 31666
Upon motion by Councilmaii Bauni and BY CONSENSUS, City Council ADJOURNED the
Meeting at 7:30 P.M.
Be @ly .
Chief Deputy City Clerk
,Xuth Hodgeff Smith, C@4C
City Clerk
City of Virginia Beach
Virginia