HomeMy WebLinkAboutJUNE 11, 1991 MINUTES
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
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JUNE 11, 1991
ITEM 1. FORMAL SESSION - Council Chamber 2:00 PM
A. CALL TO ORDER Mayor Meyera E. Oberndorf
B. INVOCATION: Reverend Ralph M. Halliwill
Bayside Baptist Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF EXECUTIVE SESSION
F. MINUTES
1. INFORMAL & FORMAL SESSIONS - June 4, 1991
G. PUBLIC HEARING
1. PLANNING
a. OCEAN BREEZE FESTIVAL PARK, INC. re the East side of South
Birdneck Road, 830 feet South of Bells Road (PRINCESS ANNE
BOROUGH):
RECONSIDERATION OF CONDITION NO. 9 in the June 23,
1986, Approved application of AQUA SPORTS, INC. for a
Conditional Use Permit for a recreational facility of
an outdoor nature.
Recommendation: APPROVAL
b. Application of JOHN and KATHERINE MILLER to authorize expansion
ot a nonconforming use to relocate a smal ler structure and
connect it to the applicants' primary residence/ottice and
construct additions to make one larger structure at 5625 and
5629 Virginia Beach Boulevard, containing 16,335 square feet
(BAYSIDE BOROUGH).
c. Application of VIRGINIA BEACH FISHING PIER, INC. to authorize
expansion ot a nonconforming use of the existing Fishing Pier
at Oceanfront and 15th Street (VIRGINIA BEACH BOROUGH).
d. Appllcation ot TIDEWATER WESTMINSTER HOMES, INC. tor
a Conditional Use Permit tor housing for the aaed, disabled and
handicapped on Lot 20, Bloci na
Boulevard, containing 1.43 acres (BAYSIDE B UGH).
Recommendation: APPROVAL
e. Application of BARRY B. and VICTORIA H. BRUNER and
DOUGLAS W. YOUNG for a Conditional Use Permit for an automotive
r'3a'r ostab"shment at 5115 Wi chduck Court, ontain'ing
4850 rqare fet (BAYS IDE BOROUGH).
Recommendation: APPROVAL
f. Application of WEDEMAN ENTERPRISES, INC. T/A BLIR-KY'S
TRANSMISSION tor a Conditional Use Permit for motor vehicle
sales at the Southeas Intersection of North Witc duck Road and
Jericho Road (4849 N. Witchduck Road), containing 20,865 square
feet (BAYSIDE BOROUGH).
Recommendation: APPROVAL
g. Applicatlon ot GALE M. LEVINE/MARINA SHORES, LTD. for a
Conditional Use Permit tor commercial recreational facilities
other than hose of an outcoor nature and tor recreational
tacilities OT an OUT(loor nature (seasonal) at the Northeast
intersection of Long Creek and North Great Neck Road
(2100 Marina Shores Drive), containing 12 acres
(LYNNHAVEN BOROUGH).
Recommendation: APPROVAL
h. Application of TERRY/PETERSON DEVELOPMENT CORPORATION for a
Conditional Zonina Classification trom B-2 Cornmunity Business
District to A-@4 strict at the Northwest
intersection f@@, nd Northampton Boulevard,
containing 29,185 square feet (BAY IDE BOROUGH).
Recommendation: APPROVAL
i. Application of PAUL 0. and BETTY HARRELL McKOWN for a Variance
to Section 4.4(b) of the Subdivision Ordinance which Faqui-res
that all lots created by subdivision meet all requirements ot
the City Zoning Ordinance, at 4341 North Witchduck Road
(BAYSIDE BOROUGH).
Recommendation: APPROVAL
H. CONSENT AGENDA
All matters listed under the Consent Agenda are considered in the
ordinary course of business by City Council and will be enacted by
one motion In the form listed. If an item is removed from the Consent
Agenda, It will be discussed and voted upon separately.
1. Resolution authorizing the reimbursement of $129,576.80 from the
Economic Development investment Program to the Virginla Beach
Development Authority for various Engineering studies.
2. Resolution endorsing and supporting the application of Gordon Paper
Cornpany, Incorporated, to the Virginia Department of Transportation
for $50,000 In Industrial Access Railroad Tract Funds to provide
rail access and expand their industrial facility in Virginia Beach.
3. Ordinance authorizing acquisition of property In fee simple for
right-of-way for Courthouse Loop North (CIP 2-078); and,
acquisition of temporary and permanent easements of right-of-way,
either by agreement or condemnation .
4. Ordinance, upon SECOND READING, to APPROPRIATE $600,425 to the
Department of Public Utilities re an increase In the rate of water
purchased from the City of Norfolk.
5. Annual Ambulance Permit Renewal for area private, municipal and
non-profit organizations, pursuant to Section 10.5-2 of the Code of
the City of Virginia Beach, Virginia:
a. Children's Hospital of the King's Daughters
b. City of Chesapeake Fire/EMS
c. Medical Transport, Inc.
d. Nightingale Air Ambulance
e. Norfolk Paramedical Rescue Services
f. Ocean Rentals, LTD.
g. Tidewater Ambulance Service
h. Virginia Beach Lifesaving Service
6. Ordinance authorizing tax refunds in the amount of $3,009.98.
1. UNFINISHED BUSINESS
1. Bell Subdivision
Robert J. Scott, Director, Planning Department
J. NEW BUSINESS
1. COUNCIL-SPONSORED ITEMS:
a. ordinance to AMEND and REORDAIN Section 5-31 of the Code of the
City of Virginia Beach, Virginia, re bird sanctuaries:
North Thalia -Kempsville Borough
Chesopeian Colony -Lynnhaven Borough
Cavalier Park, Heron Cove and Bay Colony-Bayside Borough
Sponsored by Councilman James W. Brazier, Jr.
K. ADJOURNMENT
6/6/91 cmd
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
June 11, 1991
Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA
BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, June
11, 1991, at 2:00 P.M.
Council Members Present:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Louis R.
Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor
Meyera E. Oberndorf, Nancy K. Parker and William D.
Sessoms, Jr.
Council Members Absent:
Harold Heischober (OUT OF THE CITY)
INVOCATION: Reverend Ralph M. Halliwill
Bayside Baptist Church
PLEDGE OF ALLEGIANRF. Tn Tffv. PT.A(-' ()L' THE UNITED STATES OF AMICA
- 2 -
Item I-E.l.
CERTIFICATION OF
EXECUTIVE SESSION ITEM # 34528
CERTIFICATION was not necessary as no EXECUTIVE SESSION was held.
3
Item I-F.I.
MINUTES ITEM # 34529
Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City
Council APPROVED the MINUTES of the INFORMAL AND FORMAL SESSIONS of June 11,
1991.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Louis R.
Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor
Meyera E. Oberndorf, Nancy K. Parker and William D.
Sessoms, Jr.
Council Members Voting Nay:
Harold Heischober
Council Members Absent:
None
4
Item I-F.2.
ADD-ON ITEM 34530
Flo McDaniel and Tom Barton, Co-Chairs of the Mayor's Homecoming Committee,
extended appreciation to Mayor Oberndorf and Members Of City Council with
particular emphasis to their STEERING COMt4ITTEE:
Betty Mills (Mr. Barton's Assistant)
Vicki Smith (Mrs. McDaniel's Secretary)
Marilyn Brummer (Activities Co-Chair)
Carole Starbuck (Activities Ch,irman)
Bill Center (Entertainment Chairm,,)
Kal Kassir (Food and Beverage Co-Chair)
Captain Jim Mulligan
Ruff Giii
(Fund Raising Co-Chairs)
Linwood Branch (Logistics)
Lieutenant Commander Mike Todd, USN. (Military Liaison)
Priscilla Beede (PARADE)
Joseph N. Hawa (Co-Chair)
Mike Mastrullo
Joan Prescott
(Publicity)
Father William J. Dale (Volunteers)
Church of Ascension.
Mr. Barton also acknowledged Bill Reid from Cellar Door, who co-ordinated ith
Bill Center the najority of the entertainment activity at Oceana. Mr. Reid
returned the fee for his services to the STAR SPANGLED SALUTE. Priscilla Beede
was the "superstar" of the PARADE which cogn,nced at 9:30 A.M. and culminated
at 11:40 A.M. Mr. Barton further recognized Pam Lingle, Diane Roche, Robert
Matthias, Paulette Braithwaite as well as countless the, Vounteers. This was a
model of co-ordination and successful effort by civilians, military, the
business community and the City. All of the major Radio/TV stations donated
time to publicize the STAR SPANGLED SALUTE. The parade was televised "live" by
WAVY. WCMS and FOX were in attendance live at the Concert. Irving I. Hill, Cox
Cable, was instrumental in providing a Press Conference as a "kick-off" for the
SALUTE. WNIS also donated One Thousand Dollars ($1,000).
Co-Chair Barton extended appreciation to Reverend Pat Robertson for hosting the
Luncheon at Founders Inn after the Parade. The key sponsors of the event were
McDonalds, Edy's Ice Cream, Miller Brewing Company, Mars Candy, Adams Outdoor
Advertising, Taylor Rental and C. Lloyd Johnson and Company.
The budget of the SALUTE totaled $105,954.01. If the remaining $6,645.00
committed is realized, the SALUTE will have been paid entirely by citizen and
business donations. Mr. Frank Batten, Chairman of the Board, VIRGINIAN-
PILOT/LEDGER STAR, has donated one-fourth page in the newspaper compiling all
contributions received and expressing appreciation. The Co-Chairs expressed
sincere appreciation to the military presence at Oceana with special thanks to
Rear Admiral P. W. Parcells, Captain Lawrence W. Urbik, Captain Campbell and
Alan O'Brien - Public Works at Oceana. The Police and the Sheriff's staff were
in attendance to assist wherever possible.
Mayor Oberndorf extended the gratefulness of all to the City Manager for the
compassion, understanding and vision to allow the City Staff to contribute to
the SALUTE. The "Welcome Home Troops" sign hanging on the City Hall Building
was purchased and contributed by the City Manager.
Mayor Oberndorf thanked Co-Chairs Flo McDaniel a,d T,, Barto, and the hundreds
of volunteers who made a dream -- a reality.
5
Item I-G.l.
PUBLIC HEARING ITEM # 34531
PLANNING
Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on:
PLANNING
(a) OCEAN BREEZE FESTIVAL PARK, INC. RECONSIDERATION OF CONDITION 9
(6/23/86 AQUA SPORTS, INC.
Conditional Use Permit)
(b) JOHN AND KATHERINE MILLER NONCONFORMING USE
(c) VIRGINIA BEACH FISHING PIER, INC. NONCONFORMING USE
(d) TIDEWATER WESTMINISTER HOMES, INC. CONDITIONAL USE PERMIT
(e) BARRY B. AND VICTORIA H. BRUNER/ CONDITIONAL USE PERMIT
DOUGLAS W. YOUNG
(f) WEDEMAN ENTERPRISES, INC. CONDITIONAL USE PERMIT
T/A BUCKY'S TRANSMISSION
(g) GALE M. LEVINE/MARINA SHORES, LTD. CONDITIONAL USE PERMIT
(h) TERRY/PETERSON DEVELOPMENT CONDITIONAL ZONING CLASSIFICATION
CORPORATION
(i) PAUL D. AND BETTY HARRELL McKOWN VARIANCE
6
Item I-G.l.a.
PUBLIC HEARING ITEM # 34532
PLANNING
The following spoke in SUPPORT of the application:
Eddie Garcia, Jr., 401 Atlantic Avenue, Vice President - Ocean Breeze Festival
Park, Inc., represented the applicant
Nancy Creech, 2700 East Kings Road, Phone: 486-1482, represented Virginia Beach
Events, Unlimited and Virginia Marine Science Museum
Tracy Haliman, Director - Virginia Beach Events, Unlimited.
Linwood Branch, 773 Arctic Avenue, Phone: 428-6141, President - Virginia Beach
Hotel/Motel Association, Member of the Virginia Beach Events, Unlimited
Committee
Bill Reid, 153 Pinewood, Phone: 463-1940 - Cellar Door, served as a consultant
relative family entertainment groups.
Upon motion by Councilwoman McClanan, seconded by Councilman Brazier, City
Council APPROVED Revision to Condition Number 9 in the Reconsideration of the
June 23, 1986, approved application of OCEAN BREEZE FESTIVAL PARK, INC. (AQUA
SPORTS, INC.) for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF OCEAN BREEZE FESTIVAL
PARK, INC. (AQUA SPORTS, INC.) FOR A CONDITIONAL
USE PERMIT FOR RECREATIONAL FACILITIES OF AN
OUTDOOR NATURE R0686849
Ordinance upon application of Ocean Breeze Festival
Park (Aqua Sports, Inc.) for a Conditional Use
Permit for recreational facilities of an outdoor
nature on certain property located on the east side
of South Birdneck Road, 830 feet more or less south
of Bells Road. Said parcel contain 74.5 acres.
Plats with more detailed information are available
in the Department of Planning. PRINCESS ANNE
BOROUGH
9. Outdoor concerts may be held on the subject site in
conjunction with the 1991 Beach Events Program.
The concerts must conclude by 11 PM. All speakers
shall be oriented toward Birdneck Road or Motor
World and away from Owls Creek. Approval is for a
period of one year.
Voting: 9-1
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Louis R.
Jones, Paul J. Lanteigne, Reba S. McCianan, Mayor
Meyera E. Oberndorf and William D. Sessoms, Jr.
Council Members Voting Nay:
Nancy K. Parker
Council Members Absent:
Harold Heischober
Vice Mayor Fentress, pursuant to Section 2.1-632.14(G), filed his Conflict of
Interest Statement with the City Clerk. Vice Mayor Fentress' letter of June 10,
1991, is hereby made a part of the record.
Cit@ C)-f
ROBERT E. FENTRESS 3810 ATLANTIC AVENUE
VICE-MAYOR VIRGINIA BEACH, VIRGINIA 23451
PHONE (804) 422-6084
June 10, 1991
Mrs. Ruth Hodges Smith, CMC/AAE
City Clerk's Office
Municipal Center
Virginia Beach, VA 23456
Re: Disclosure Pursuant to Section 2.1-639.14(G), Code of Virginia
Dear Mrs. Smith:
Pursuant to the Virginia Conflict of Interests Act, Section 2.1-639.14(G), Code of
Virginia, I make tbe following declaration:
1. The transaction for which I am executing this written disclosure is the
Council consideration of Ocean Breeze Festival Park, Inc.'s application for
reconsideration of conditions placed on its application for a conditional use
permit for a recreational facility of an outdoor nature.
2. 1 am an officer (Vice-Chairman - Governmental Affairs) and a member of
the Board of Directors of Virginia Beach Events Unlimited, Inc., the
organization which is proposed to function as the official body through which
funds are managed for major events and festival-oriented programs, and
which has requested use of the Ocean Breeze Festival Park, Inc. site for
special events to be included in the 1991 Beach Events Program.
Mrs. Ruth Hodges Smith -2- June 10, 1991
3. Although the City Attorney has advised me that this interest does not meet
the criteria of a personal interest in the transaction under the conflict of
Interests Act, I wish to disclose this interest and declare that I am able to
participate in the transaction fairly, objectively, and in the public interest.
Accordingly, I respectfully request that you record this declaration in the official
records of the City Council. I have enclosed an opinion letter from Leslie L. Lilley, City
Attomey, which addresses this same matter.
Thank you for your assistance and cooperation in this matter.
Sincerely,
Robert E. Fentress
Vice-Mayor
REF/awj
Enclosure
LESLIEL LILLEY UNICIPAL CENTER
C Ty ATTORNEY VIRGIN@A SEACH VA 23156-9w4
(804) 421 4531
FAX (80@) 426 5687
June 10, 1991
Vice-Mayor Robert E. Fentress
Municipal Center
Virginia Beach, VA 23456
Re: Conflict of Interests Opinion
Dear Vice-Mayor Fentress:
I am writing in response to your request for an opinion regarding your ability to
participate in the Council discussion and vote on Ocean Breeze Festival Park, Inc.'s
application for reconsideratiori of conditions placed on its application for a conditional use
permit for a recreational facility of an outdoor nature.
Conclusion:
From my review of the Conflict of Interests Act and the information provided by
you as referenced below, I am of the opinion that you do not have a personal interest in
the transaction of the Virginia Beach City Council concerning tbe consideration of an
application by Ocean Breeze Festival Park, Inc. for reconsideration of conditions placed
on its application for a conditional use permit approved by the Council on June 23, 1986.
Thus, you are permitted to participate in this matter without restriction. For your
information, I have outlined the disclosure requirements of Section 2.1-639.14(G) should
you desire to disclose your relationship and vote; I have also set forth the applicable
provisions for abstention set forth in Section 2.1-639.14(E), should you choose not to vote.
I base the aforesaid conclusions on the following facts which you have presented.
Please review and verify the accuracy of the facts as set forth as you may only rely upon
this opinion if they are correct and complete.
Vice-MaYor Robert E. Fentress -2-
J'une 10, 1991
ac @nted-
Your request fOr an adlisory opinion is generated by the Council's consideration
of the application by Ocean Breeze Festival Park, Inc. for reconsideration of conditions
placed on its application for a conditional use permit approved by the Council on June
23, 1986. Ocean Breeze Festival Park, Inc. has specificary requested that condition #9
be amended to permit outdoor concerts. On May 8, 1991, a motion was passed
unanimously by the Planning Commission to approve the request subject to condition #9c
which would provide 'in part, that "[olutdoor concerts may be held on the subject site in
conjunction with the 1991 Beach Events Program. " If the application is approved by City
Council, Virginia Beach Events Unlimited, Inc. and the Virginia Beach Hotel/Motel
Associafion would use the site for special events to be included in the 1991 Beach Events
Program.
You have advised that your concern, and reason for requesting this opinion, is that
you are an officer (Vice-Chairman - Govemmental Affairs) and a member of the ]Board
of Directors of Virginia Beach Events Unlimited, Inc., a non-stock corporation and the
-,:;,,anization which iS to function as the official body through which City funds are
managed for major events and festival-oriented programs. You have further advised that
you receive no salary or other compensation from Virginia Beach Events Unlimited, Inc.,
own no equity in Virginia Beach Events Unlimited, Inc., do not assume any liability on
behalf of Virginia Beach Events Unlimited, Inc., and that you have no interest whatsoever
in Ocean Breeze Festival Park, Inc.
ISCUSsio-.
A. City Council is a govemmentad agency, as it is a legislative branch of local
govemment as defined in SS 2.1-639.2of the Virginia State and Local Govemment Conflict
of Interests Act.
B. You are an officer within the meaning of SS 2.1-639.2 of the above-referenced
Act.
C. Council consideration of this application by Ocean Breeze Festival Park, Inc.
is a "transaction" as defined by the Act. A transaction includes any matters considered by
any governmental agency on which official action is taken or contemplated.
D. "Personal interest" is defined in SS 2.1-639.2 as a financial benefit or liability
which accrues to an officer, employee, or to an immediate family member. The interest
exists by reason of one of five categories specified therein as: 1) ownership in a business
Vice-Mayor Robert E. Fentress -3-
June 10, 1991
if the ownership interest "Ceeds 3% of the total equity of the business; (2) annu
income from ownership in real or Personal property or a business in excess of $10,000. al
3) s ar 00;
al y from the use of property or paid by a business that exceeds $10,000-00annually;
4) ownership of real or personal property when the interest exceeds $10,000-00in val@e,
exclusive of ownership in a business, or salary; and 5) personal liability incurred or
assumed on behalf of a business which "ceeds 3% of the asset value of the business.
E. A "personal interest in the transaction" exists when an officer or employee or
a member of his immediate family has a personal interest in property or a business or
represents any individual or business and such property, business or represented individual
(i) is the subject of the transaction or (ii) may realize a reasonably foreseeable direct
or indirect benefit or detriment as the result of the agency considering the transaction.
ii.
A. ersonal inte,,,t
A personal interest exists by reason of one of five specified categories, as noted
above in the definition of "personal interest". SPecifically, my review of those categories
and the facts presented indicate that with respect to Virginia Beach Events Unlimited, Inc.,
a non-stock corporation: you do not own any interest in the corporation; you do not have
-y income from the co'Poration; you do not own affected real or personal property which
interest exceeds $10,000 in value; nor do you have any personal liability incurred or
assumed on behalf of the corporation. Therefore, I conclude that you do not have a
personal interest in Virginia Beach Events Unlimited, Inc., as defined by the Conflict of
Interests Act.'
Tbree opinions of the Attorney General dealing with directors or board members are of
relevance: President of a Virginia Community College who serves on the advisory board of
directors of a private bank and who receives $800 annually from the bank for his services is not
required to disqualify himself from transactions involving the college because he does not have a
personal interest in the bank. COI Adv. Op. No. 46 (1984). A member of a local board of
supervisors who also serves as a nonpaid director of a couniy community action agency is not
required by the Act to disqualify himself from the board's consideration of the agency's funding
request absent the member having a financial interest in the agency. COI Adv. Op. No. 81 (1986).
By definition, a sanitation commission member who also serves as chairman of a county service
authority and who does not receive in excess of $10,000 from both the cormnission and the
authority does not have a "personal interest" in either body arid, thus, need not disqualify himself
from participating in a transaction involving both bodies. COI Adv. Op. No. 76 (1986).
See also SS13.1-814 which provides that no dividend shall be paid and no part of the income
of a non-stock corporation shall be distributed to its members, directors or officers.
Vice-MaYor Robert E. Fentress -4- June 10, 1991
B.
Based On my conclusion that you do not have a personal interest in Virginia Beach
Events Unlimited , Inc., and on the fact that YOU have no intere t w ats in
S interest in the transaction" under
Breeze Festival Park, Inc., you do not have a s h oever Ocea,
the definition of the Act. per onal
ill.
Based on the fact that you have no personal interest in the Council's consideration
of Ocean Breeze Fesetival Park Inc.'s applicat,on you are not disqualified from
participating, nor are you required to disclose. 'If you are concerned that your
participation as to this matter may create some appearance of impropriety because of your
position as Vice-Chairman - Govemmental Affairs serving on the Board of Directors of
,-,inia Beach Event
s Unlimited, Inc., there are two options available to you which may
diffuse any perception problems that may arise:
I You may either disclose the facts as presented herein and proceed to vote
as to this transaction; or
2. You may abstain from voting and disclose any interest.
Should you decide to declare your interest and vote, a Proposed disclosure letter
which complies with SS 2.1-639.14(G) is enclosed for your convenience. You may either
make this declaration orally, which is to be recorded in the written minutes of the City
Council, or you may file a signed written declaration with the Clerk of the City Council,
who shau retain and make this document available for public inspection for a period of
five years from the date of recording or receipt.
If you should desire to abstain from voting, SS 2.1-639.14(E) provides that in such
instances, the officer shar forthwith make disclosure of the existence of his interest and
his disclosure shall be reflected in the public records for five years.
Vice-Mayor Robert E. Fentress -5- June 10, 1991
As a final note tO -Y conflict of interests
that a written opinion of th, OPiniOn, Section 2.1-639.18(C) provides
ttome made aft- a full disclosure of the facts, is
advisory -d admissable as evidence that the local officer did not knowingly violate the
Act, while a favorable opinion of the . as the enforcing officer
of the COIA, provides immunity from any alleged violation. I you choose to seek an
opinion of the Commonwealth's Attorney, I will be pleased to assist you in that regard.
Please contact me should you desire any additional information.
Very tr-uly yours,
, @ xo
Leslie L. Lille
City Attomey
UL/RMB/awj
Enclosure
7
Item I-G.l.b.
PUBLIC HEARING ITEM 34533
PLANNING
The Honorable Moody E. "Sonny" Stallings, represented the applicant
John Miller, 5625-5629 Virginia Beach Boulevard, the applicant
Upon motion by Councilman Jones, seconded by Vice Mayor Fentress, City Council
ADOPTED:
Resolution Authorizing the Expansion of a
Nonconforming Use located at 5625 and 5629 Virginia
Beach Boulevard, Borough of Bayside.
App Ii cation of John an d Katheri ne Mi II er for an
expansion to a nonconforming use on property
located at 5625 and 5629 Virginia Beach Boulevard.
The parcels contain 16,335 square feet. BAYSIDE
BOROUGH.
The following conditions shall be required:
1. The property line separating the subject parcels
shall be vacated by recorded plat.
2. Further conditions may be required during the
administration of applicable city ordinances.
3. The site plan submitted with this nonconforming use
may require revision during detailed site plan
review to meet all applicable city codes.
Voting: 7-3
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Louis R.
Jones, Paul J. Lanteigne and William D. Sessoms, Jr.
Council Members Voting Nay:
Reba S. McCianan, Mayor Meyera E. oberndorf and Nancy
K. Parker
Council Members Absent:
Harold Heischober
1 A RESOLUTION GRANTING AUTHORIZATION
2 FOR THE EXPANSION OF A NONCONFORMING
3 USE LOCATED AT 5625 AND 5629
4 VIRGINIA BEACH BOULEVARD, BOROUGH OF
5 BAYSIDE
6 WHEREAS, John and Katherine Miller, hereinafter referred
7 to as the Applicants, are the owners of two adjoining parcels of
8 land located at 5625 and 5629 Virginia Beach Boulevard, Borough of
9 Bayside, in the B-2 Community Business District; and
10 WHEREAS, there is a single-family dwelling located on
11 each site; and
12 WHEREAS, the present use of the property for single-
13 family dwellings does not conform to the provisions of the City
14 Zoning Ordinance because single-family dwellings are not permitted
15 uses within the B-2 Community Business District; and
16 WHEREAS, the Applicants desire to relocate one
17 structure, connect it to the other structure, and construct
18 further additions thereupon; and
19 WHEREAS, pursuant to Section 105(d) of the City Zoning
20 Ordinance, the expansion of a nonconforming use may be authorized
21 only by resolution of the City Council upon a finding that the
22 use, as expanded, is equally appropriate or more appropriate to
23 the zoning district than is the existing nonconformity; and
24 WHEREAS, the City Council finds that the expansion of
25 the nonconforming use on the Applicants' property is equally
26 appropriate or more appropriate to the zoning district than is the
27 existing nonconformity;
28 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
29 CITY OF VIRGINIA BEACH, VIRGINIA:
30 That the City Council hereby grants authorization for
31 the expansion of the nonconforming use upon the property of the
32 Applicants according to the plans submitted by the Applicants,
33 upon the condition that the lot line separating the two parcels of
34 property which are the subject of this Resolution be vacated in
35 the manner provided by law.
36 Adopted by the City Council of the City of Virginia
37 Beach on the Ilth day of June, 1991.
38 CA-91-4281
39 \ordres\miller.res
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Item I-G.l.c.
PUBLIC HEARING ITEM # 34534
PLANNING
Attorney R. J. Nutter, 4425 Corporation Lane, Phone: 671-6000, represented the
applicant
Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City
Council ADOPTED:
Resolution authorizing the Expansion of a
Nonconforming Use located at the Oceanfront and
15th Street, Borough of Virginia Beach (Virginia
Beach Fishing Pier)
Application of Virginia Beach Fishing Pier for an
expansion to a nonconforming use on property
located at the Oceanfront and 15th Street. VIRGINIA
BEACH BOROUGH.
The following conditions shall be required:
1. Further conditions may be required during the
administration of applicable city ordinances.
2. The site plan submitted with this application may
require revision during detailed site plan review
to meet all applicable city codes.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Louis R.
Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor
Meyera E. Oberndorf, Nancy K. Parker and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
APPROVE
SIGI,:AT
DT:PAPT@,',Ii,
APPPOVED AS T',)!.EGI\I-
1 RESOLUTION AUTHORIZING THE EXPANSION
2 OF A NONCONFORMING USE LOCATED AT
3 THE OCEANFRONT AND 15TH STREET,
4 BOROUGH OF VIRGINIA BEACH (VIRGINIA
5 BEACH FISHING PIER)
6 WHEREAS, Virginia Beach Fishing Pier, Inc., hereinafter
7 referred to as the Applicant, is the owner of the Virginia Beach
8 Fishing Pier, located at the Oceanfront and 15th Street, Borough
9 of Virginia Beach, in the RT-1 Resort Tourist District; and
10 WHEREAS, the Applicant desires to extend the seaward end
11 of the aforesaid pier a distance of two hundred feet; and
12 WHEREAS, the present use of the property does not
13 conform to the provisions of the City Zoning Ordinance because
14 fishing piers are not permitted uses within the RT-1 Resort
15 Tourist District; and
16 WHEREAS, pursuant to Section 105(d) of the City Zoning
17 Ordinance, the City Council may authorize the expansion of a
18 nonconforming use if it finds that the use as expanded is equally
19 appropriate or more appropriate to the zoning district than is the
20 existing nonconformity;
21 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
22 CITY OF VIRGINIA BEACH, VIRGINIA:
23 That City Council hereby finds that the proposed Virginia
24 Beach Fishing Pier, as expanded, is equally appropriate or more
25 appropriate to the RT-1 Resort Tourist District than is the
26 existing pier.
27 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF
28 VIRGINIA BEACH, VIRGINIA:
29 That the City Council hereby authorizes the expansion of the
30 Virginia Beach Fishing Pier as stated hereinabove.
31 Adopted by the City Council of the City of Virginia
32 Beach on the 11 day of June 1 1991.
33 CA-91-4282
34 \ordres\pier.res
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DATUH: M.S.L.= 0.00 CIT@ @T' OCEAN FRONT C 15th STRE-ET
r.OUt'TY OF:VA. BEACH ST.TE:-VA.
APPLICA-1011 BY:VABCH. FISHING PIER INC.
ADJACENT PROPERTY OWNERS: PLAN VIEW
I.-CITYOFVIRGINIA BEACH VIRGINIA BEACH SI,EFT I OF 4 O@TE: 8-2-90
2. MILDRED_V @AQHKAL@---- FISHING PIER REV. 10-19-90
3 _X SL. @N@
SCALE: I "= 200'
9
Item I-G.I.d.
PUBLIC HEARING ITEM # 34535
PLANNING
Sam W. Ray, Jr. , - Chairman - Tidewater Westminster Homes, Inc., - 1432
Brunswick Avenue, Phone: 423-6938, represented the applicant
Upon motion by Councilman Jones, seconded by Councilman Clyburn, City Council
ADOPTED an Ordinance upon application of TIDEWATER WESTMINSTER HOMES, INC. for
a Conditional Use Permit:
ORDINANCE UPON APPLICATTON OF TIDEWATER WESTMINSTER
HOMES, INC. FOR A CONDITIONAL USE PERMTT FOR
HOUSING FOR THE AGED, DISABLED AND HANDICAPPED
R06911372
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Tidewater Westminster
Homes, Inc. for a Conditional Use Permit for
housing for the aged, disabled and handicapped on
Lot 20, Block R, Aragona Village. The parcel is
located at 709 Aragona Boulevard and contains 1.43
acres. BAYSIDE BOROUGH.
The following conditions shall be required:
1. A cross reciprocal parking agreement between the
subject site and the adjoining church shall be
recorded in the Clerk's Office of the City of
Virginia Beach,
2. Category IV landscape screening is required along
the Northern and Western property lines adjacent to
the single-family homes and the cemetery.
3. Van transportation service shall be provided to
residents as indicated.
4. An automatic sprinkler and fire alarm system,
meeting the approval of the City's Fire Protection
Engineer, is required.
5. At detailed site plan review, the submitted plan
shall provide for Best Management Practices (BMP)
facilities. Infiltrator BMP's located under
pavement may not be appropriate due to potential
maintenance problems.
6. The site shall adhere to all current landscaping
requirements.
This Ordinance shall be effective in accordance with Section 107 (f) of the
Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Eleventh
day of June, Nineteen Hundred and Ninety-One.
- 10 -
Item I-G.l.d.
PUBLIC HEARING ITEM # 34535 (Continued)
PLANNING
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Louis R.
Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor
Meyera E. Oberndorf, Nancy K. Parker and Wi I I lam D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
Item I-G.l.e.
PUBLIC HEARING ITEM # 34536
PLANNING
Raymond Young with his son, Douglas Young
Upon motion by Councilman Jones, seconded by Vice Mayor Fentress, City Council
ADOPTED an Ordinance upon application of BARRY B. AND VICTORIA H. BURNER and
DOUGLAS W. YOUNG for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF BARRY B. AND VICTORIA
H. BURNER AND DOUGLAS W. YOUNG FOR A CONDITIONAL
USE PERMIT FOR AN AUTOMOTIVE REPAIR ESTABLISHMENT
R06911373
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Barry B. and Victoria
H. Burner and Douglas W. Young for a Conditional
Use Permit for an automotive repair establishment
on property located on 5115 Witchduck Court. The
parcel contains 4850 square feet. BAYSIDE BOROUGH.
The following conditions shall be required:
1. There shall not be any outside storage of new or
discarded parts.
2. There shall not be any overnight outside storage of
vehicles.
3. Only those minor repairs which are permitted under
the definition of automobile repair establishments
in the City Zoning Ordinance will be allowed on the
site.
4. Street frontage landscaping is required in the
existing grassed areas along Witchduck Court.
This Ordinance shall be effective in accordance with Section 107 (f) of the
Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Eleventh
day of June, Nineteen Hundred and Ninety-One.
- 12 -
Item I-G.I.e.
PUBLIC HEARING ITEM # 34536 (Continued)
PLANNING
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Louis R.
Jones, Paul J. Lanteigne, Reba S. McClanan, Nancy K.
Parker, Mayor Meyera E. Oberndorf and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
- 13 -
Item I-G.l.f.
PUBLIC HEARING ITEM # 34537
PLANNING
J. W. Carrington, 500 Winston Salem Avenue, Phone: 428-4245, represented the
applicant
Upon motion by Councilman Jones, seconded by Councilman Clyburn, City Council
ADOPTED an Ordinance upon application of WEDERAN ENTERPRISES, INC. t/a BUCKY's
TRANSMISSION, MELVIN W. & JACQUELINE WEDEMAN for a Conditional Use Permit
ORDINANCE UPON APPLICATION OF WEDEMAN ENTERPRISES,
INC. T/A BUCKY'S TRANSMISSION, MELVIN W. AND
JACQUELINE WEDEMAN FOR A CONDITIONAL USE PERMIT FOR
MOTOR VEHICLE SALES R06911374
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Wedeman Enterprises
Inc. t/a Bucky's Transmission, Melvin W. &
Jacqueline Wedeman for a Conditional Use Permit for
motor vehicle sales at the southeast intersection
of North Witchduck Road and Jericho Road. The
parcel is located at 4849 North Witchduck Road and
contains 20,865 square feet. BAYSIDE BOROUGH.
The following conditions shall be required:
1. No more than eight vehicles will be displayed at
any one time.
2. All vehicles for sale will be set back five (5)
feet from any right-of-way.
3. The storage compound at the rear of the building
shall be enclosed with a six (6) foot solid wood
fence meeting specifications outlined in the City's
Landscaping, Screening and Buffering Specifications
and Standards.
4. Any exterior lighting will be directed inward.
5. The hours of operation will be Monday through
Thursday - 8:00 A.M. to 6:00 P.M., Friday 8:00 A.M.
to 5:00 P.M.
6. There will be no exterior paging system.
7. Two crepe myrtle trees, five feet to six feet in
height, shall be placed in each of the grassed
islands located at both entrances on Witchduck Road
for a total of eight crepe myrtle trees.
8. Five loblolly pine trees shall be placed in the
grassed area to the rear of the site between the
outside storage area and Jericho Road.
9. A landscape plan depicting the suggested plantings
is on file in the Department of Planning.
- 14 -
Item I-G.I.f.
PUBLIC HEARING ITEM # 34537 (Continued)
PLANNING
Th Is Ord l nance shaII be ef f ect l ve in accordance wl th Section 107 (f ) of the
Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Eleventh
day of June, Nineteen Hundred and Ninety-One.
Voting: 8-2
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Louis R.
Jones, Paul J. Lanteigne, Mayor Meyera E. Oberndort
and William D. Sessoms, Jr.
Council Members Voting Nay:
Reba S. McClanan and Nancy K. Parker
Council Members Absent:
Harold Heischober
- 15 -
Item I-G.l.g.
PUBLIC HEARING ITEM # 34538
PLANNING
Gale M. Levine, the applicant, represented herself.
Upon motion by Councilman Brazier, seconded by Councilman Sessoms, City Council
ADOPTED an Ordinance upon application ot GALE M. LEVINE/MARINA SHORES LTD. for
a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF GALE M. LEVINE/MARINA
SHORES LTD. FOR A CONDITIONAL USE PERMIT FOR
COMMERCIAL RECREATIONAL FACILITIES R06911375
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Gale M. Levine/Marina
Shores Ltd. for a Conditional Use Permit for
commercial recreational facilities other than those
of an outdoor nature and for recreational
faci I lties of an outdoor nature (seasonal ) at the
northeast intersection of Long Creek and North
Great Neck Road. The parcel is located at 2100
Marina Shores Drive and contains 12 acres.
LYNNHAVEN BOROUGH.
The followlng conditions shall be required:
1. An erosion control barrier shall be provided
between the volleyball area and the BMP retention
area to prevent encroachment dur i ng the
recreational facility. The erosion control measure
shall be approved by the City Engineer's office.
2. The recreational facllities shall be provided for a
period of three years.
3. All lighting shall be shielded away trom the
adjacent multi-family development.
This Ordinance shall be ettective in accordance with Section 107 (f) of the
Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Eleventh
day of June, Nineteen Hundred and Ninety-One.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Louis R.
Jones, Paul J. Lanteigne, Reba S. McCianan, Mayor
Meyera E. Oberndorf, Nancy K. Parker and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
- 16 -
Item I-G.l.h.
PUBLIC HEARING ITEM # 34539
PLANNING
Attorney R. J. Nutter 4425 Corporation Lane, Phone: 671-6000, represented the
applicant
Upon motion by Councilman Jones, seconded by Vice Mayor Fentress, City Council
ADOPTED an Ordinance upon application of TERRY/PETERSON DEVELOPMENT CORPORATION
tor a Conditional Zoning Classification.
ORDINANCE UPON APPLICATION OF TERRY/PETERSON
DEVELOPMENT CORPORATION FOR ACONDITIONAL ZONING
CLASSIFICATION FROM B-2 TO A-24 Z06911325
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Terry/Peterson
Development Corporation for a Conditional Zoning
Classification from B-2 Community Business District
to A-24 Apartment District at the northwest
intersection of Shore Drive and Northampton
Boulevard. The proposed zoning classification to
A-24 Apartment District is for mu lti-fami ]y land
use at a density no greater than 24 dwelling units
per acre. The Comprehensive Plan recommends use of
this parcel for retail/service use in accordance
with other plan policies. The parcel contains
29,185 square feet. BAYSIDE BOROUGH.
The following condition shall be required:
An agreement encompassing proffers shall be
recorded with the Clerk of the Circuit Court and is
hereby made apart of the proceedings.
This Ordinance shall be effective in accordance with Section 107 (f) of the
Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Eieventh
day of June, Nineteen Hundred and Ninety-One.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Louis R.
Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor
Meyera E. Oberndorf, Nancy K. Parker and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
I FSL Ir I I I I Fy UNIC '@'. CE.'E@
,'IIY 11 11)[INFY V RG NIA BEACH. V. 23456 9W4
(8.@) 421 453@
In Reply Refer T. Our File N.. CA-4190 FAX (804) 426 5681
DATE: June 7, 1991
TO: Leslie L. Lilley DEPT: City Attorney
FROM: Gary L. Fentress@f-- DEPT: City Attorney
RE: Terry/Peterson Development Corporation
Conditional Zoning - Proffer
Council Action Date: June 11, 1991
Enclosed please find a copy of the proffer agreement submitted
by the referenced applicant. The proffer is acceptable as to legal
form.
LLL/dhh
Enclosure
THIS AGREEMENT, made this 24th day of April 1991, by
and between TERRY/PETERSON DEVELOPMENT CORPORATION a Virginia
Corporation, and the CITY OF VIRGINIA BEACH, a municipal
corporation of the Commonwealth of Virginia (hereinafter
referred to as Grantee).
W I T N E S S E T H
WHEREAS, the Grantor has initiated an amendment to the
Zoning Map of the City of Virginia Beach, virginia, by peti-
tion of the Grantor addressed to the Grantee, so as to change
the classification of the Grantor's property from B-2 (Com-
mercial) to A-24 (Multi-Family Residential), on certain
property containing a total of .67 acres, more or less, in
the Bayside Borough (North side of Shore Drive) of the City
of Virginia Beach, virginia, more particularly described in
the attached Exhibit A hereinafter the Property.
WHEREAS, the Grantee's policy is to provide only for the
orderly development of land, for various purposes, including
multifamily residential purposes, through zoning and other
land development legislation; and
WHEREAS, the Grantor acknowledges that the competing and
sometimes incompatible uses conflict and that in order to
permit differing uses on and in the area of the subject
property and at the same time to recognize the effects of the
changes, and the need for various types of uses, including
those listed above, certain reasonable conditions governing
-1-
the use of the Property for the protection of the community
that are not generally applicable to land similarly zoned A-
24 are needed to cope with the situation which the Grantor's
rezoning application gives rise to; and
WHEREAS, the Grantor has voluntarily proffered in writ-
ing in advance of and prior to the public hearing before the
Grantee, as part of the proposed amendment to the Zoning Map,
in addition to the regulations provided for in the existing
A-24 zoning district by the existing Comprehensive 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 amend-
ment changes the zoning on the Property covered by such
conditions; provided, however, that such conditions shall
continue despite a subsequent amendment if the subsequent
amendment is part of the comprehensive implementation of a
new or substantially revised zoning ordinance, unless,
notwithstanding the foregoing, these conditions are amended
or varied by written instrument recorded in the Clerk's Of-
fice of the Circuit Court of the City of Virginia beach,
-2-
Virginia, and executed by the record owner of the subject
property at the time of recordation of such instrument;
provided, further, that said instrument is consented to by
the Grantee in writing as evidenced by a certified copy of
ordinance or resolution adopted by the governing body of the
Grantee, after a public hearing before the Grantee advertised
pursuant to the provisions of the Code of Virginia, Section
15.1-431, which said ordinance or resolution shall be
recorded along with said instrument as conclusive evidence of
such consent.
NOW, THEREFORE, the Grantor, for themselves, their suc-
cessors, assigns, grantees, and other successors in title or
interest, voluntarily and without any requirement by or exac-
tion from the Grantee or its governing body and without any
element of compulsion of quid Pro quo for zoning, rezoning,
site plan, building permit or subdivision approval, hereby
makes the following declaration of conditions and restric-
tions as to the physical development and operation of the
Property and governing the use thereof and hereby tenders the
following covenants running with the said Property, which
shall be binding following the approval of Grantor's rezoning
Petition by Grantee upon the Property and upon all parties
and persons claiming under or through the Grantor, its heirs,
personal representatives, assigns, grantees and other succes-
sors in interest or title, namely:
1. The allowable density on the Property shall not
exceed 15 units.
-3-
2. The exterior of the buildings on the Property shall
consist of fiberglass shingles, vinyl siding, aluminum
windows and salt treated decks all of which shall
substantially conform to the architectural design of the
existing North Beacli Apartments immediately to the North of
the Property on Parcel 1 as shown on that plat recorded in
the Virginia Beach Circuit Court Clerk's office in Deed Book
2461 page 1345.
3. The Property shall be developed substantially as
shown on the preliminary site plan being exhibited to the
City Council and on file in the Planning Department of the
City of Virginia Beach, said plan being entitled "Rezoning
Plan for Parcel 2, 3-4-9111, revised 4/.19/91, prepared by
Langley and McDonald, Engineers, Planners and Surveyors, at-
tached hereto as Exhibit B.
4. The parking lot and any trash dumpsters located on
the Property shall be landscaped substantially as shown on
the aforementioned Exhibit B.
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
-4-
legal action or suit to ensure compliance with such condi-
tions, including mandatory or prohibitory injunction, abate-
ment, damages or other appropriate action, suit or proceed-
ings; (2) the failure to meet all conditions shall constitute
cause to deny the issuance of any of the required building or
occupancy permits as may be appropriate; (3) if aggrieved by
any decision of the zoning Administrator made pursuant to the
provisions of the City Code, the CZO or this Agreement, the
Grantor shall petition to the governing body for the review
thereof prior to instituting proceedings in court; and (4)
the Zoning Map shown by an appropriate symbol on the map the
existence of conditions attaching to the zoning of the
subject property on the map and that the ordinance and the
conditions 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 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:
TERRY/PETERSON DEVELOPMENT CORPORATION
By:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
Subscribed and sworn to before me this 24th day of
April, 1991 by John H. Peterson, Jr., President of TERRY/
PETERSON DEVELOPMENT CORPORATION, a Virginia Corporation.
Nota@ Publi'c
my commission Expires:
-6-
EXHIBIT A
ALL THAT certain piece or parcel of land, lying,
situate and being in the city of virginia Beach,
Virginia, known, numbered and designated as "PARCEL 2,
AREA = 29,259 Sq. Ft. or 0.67 AC." AS SHOWN ON THAT
CERTAIN PLAT ENTITLED "SUBDIVISION PLAT OF A SITE ON
THE NORTH SIDE OF SHORE DRIVE STANDING IN THE NAME OF
TERRY/PETERSON DEVELOPMENT CORPORATION CORPORATION, A
VIRGINIA CORPORATION, TERRY/PETERSON ASSOCIATES, III,
A VIRGINIA GENERAL PARTNERSHIP AND TERRY/PETERSON AS-
SOCIATES, IV, A VIRGINIA GENERAL PARTNERSHIP, D.B.
2392, PG. 2186, BAYSIDE BOROUGH, VIRGINTA BEACH,
VIRGINIA, DATED JUNE 7, 198511, made by Langley and
McDonald, which plat is duly recorded in the Clerk's
office of the Circuit Court of the City of Virginia
Beach, Virginia in Deed Book 2461, at Page 1345.
IT BEING a portion of the property conveyed to Terry/
Peterson Development Corporation, a virginia corpora-
tion, by Deed of Partition, dated March 6, 1986 and
recorded in the aforesaid Clerk's Office in Deed Book
2490, at Page 550.
-7-
- 17 -
Item I-G.l.i.
PUBLIC HEARING ITEM # 34540
PLANNING
Attorney R. Edward Bourdon, Pembroke One, Fifth Floor, Phone: 499-8971,
represented the applicant
Paul D. and Betty Harrell McKown, were in attendance to respond to questlons.
Upon motion by Councilman Jones, seconded Vice Mayor Fentress, City Counci I
ADOPTED an Ordinance upon application of PAUL D. AND BETTY HARRELL McKOWN for a
Varlance to Section 4.4(b) of the Subdivision Ordinance which requires all lots
created by subdivision to meet all requirements of the City Zoning Ordinance.
Application of Paul D. and Betty Harrell McKown for
a Variance to Section 4.4(b) of the Subdivision
Ordinance. The property is located 4341 North
Witchduck Road. BAYSIDE BOROUGH.
The following conditions shall be required:
1. A Tree Protection and Preservation Plan Is required
to save as many trees as possible on this property.
Approval of this Plan by the City Arborist is
required prior to any land disturbance.
2. All structures shall be placed landward of the top of
bank.
3. On Lot 3, all areas of the bank below the
construction limit llne shall not be disturbed. All
construction traffic and stag i ng sha I I be kept of f
those areas outside the construction limit line.
During construction, surface water shall be diverted
and not permitted to flow across the bank.
Appropriate erosion and sediment control measures
will be taken during construction.
4. On Lot 3, all areas denuded during construction will
be revegetated.
5. If the driveway for Lot 3 Is placed below the top of
the bank on the East s I de of the property, it sha I I
follow the natural contour of the land.
6. The applicant agrees to remove that portion of the
deck on the existing home on Lot 2 which Is not in
compliance with the Code prior to construction of a
structure on Lot 3.
- 18 -
item I-G-1-1.
PUBLIC HEARING ITEM # 34540 (Continued)
PLANNING
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Louis R.
Jones, Paul J. Lanteigne, Reba S. McCianan, Mayor
Meyera E. Oberndorf, Nancy K. Parker and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
- 19 -
Item ]-H
CONSENT AGENDA ITEM # 34541
Upon motion by Councilman Clyburn, seconded by Councilwoman Parker, City
Council APPROVED in ONE MOTION Items 1, 2, 3, 4, 5 and 6 of the CONSENT AGENDA:
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazler, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Louis R.
Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor
Meyera E. Oberndorf, Nancy K. Parker and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
- 20 -
item 1-H.1
CONSENT AGENDA ITEM # 34542
Upon motion by Counci Iman Clyburn, seconded by Counci lwoman Parker, City
Council ADOPTED:
Resolution authorizing the reimbursement of
$129,576.80 from the Economic Development
Investment Program to the Virginia Beach
Development Authority for various Engineering
studies.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Louis R.
Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor
Meyera E. Oberndorf, Nancy K. Parker and Wi I I iam D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
1 A RESOLUTION AUTHORIZING THE EXPENDITURE OF $129,576.80
2 FROM THE ECONOMIC DEVELOPMENT INvEST14ENT PROGRAM TO REIMBURSE
3 THE DEVELOP14ENT AUTHORITY FOR VARIOUS ENGINEERING STUDIES
4 WHEREAS, the Department of Economic Development in conjunction with the
5 Development Authority is responsible for coordinating Virginia Beach's economic
6 development program;
7 WHEREAS, the Council of the City of Virginia Beach has identified economic
8 development goals of attracting national companies that provide good employment
9 opportunities and add to the City's tax base;
10 WHEREAS, the Development Authority has initially incurred costs from
11 various studies totaling $129,576.80, which are intended to be reimbursed by the
12 City;
13 WHEREAS, the $129,576.80 may be expended from the Economic Investment
14 Program (Project 2-141), which was approved in the FY 1990-91/1994-95 Capital
15 Improvement Program to support and enhance the viability of the City's economic
16 development program and strategic plan.
17 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
18 BEACH, VIRGINIA that $129,576.80 be expended from the Economic Development
19 Investment Program to reimburse the Virginia Beach Development Authority for
20 various engineering studies.
21 This resolution shall be effective from the date of its adoption.
22 Adopted by the Council of the City of Virginia Beach, Virginia on the
23 11 day of June 1991.
APPROVED AS TO CONTENT:
@alter C. Kraemer,,-Jr.
,Tepartment
- 21 -
I tem I -H .2
CONSENT AGENDA ITEM # 34543
Upon motion by Counci lman Clyburn, seconded by Counci lwoman Parker, City
Council ADOPTED:
Resolution endorsing and supporting the application
of Gordon Paper Company ' Incorporated, to the
Virginia Department of Transportatlon for $50,000
in Industrial Access Railroad Tract Funds to
provide rai I access and expand their Industrial
facility in Virginia Beach.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Louis R.
Jones, Paul J. Lanteigne, Reba S. McCianan, Mayor
Meyera E. Oberndorf, Nancy K. Parker and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
RESOLUTION
WHEREAS, Gordon Paper Company, Incorporated, has expressed
their intent to the Virginia Beach CitY Council to expand their
industrial manufacturing operations in the City, which will involve
a capital investment of approximately Five Hundred Thousand
Dollars, and create 2o new jobs in our Community; and
WHEREAS, these increased business operations will require rail
access anticipating a movement of 250 rail cars per year; and
WHEREAS, officials of Gordon Paper Company, Incorporated, have
indicated to the Virginia Beach City Council their intent to apply
for Industrial Access Railroad Track Funds from the Commonwealth
of virginia in the amount of $50,000; and
WHEREAS, Gordon Paper Company, Incorporated, has requested
that the Virginia @each City Council provide a Resolution
supporting this application for said funds which are administered
by the Virginia Department of Transportation:
NOW, THEREFORE, BE IT RESOLVED that the Council of the City
of Virginia Beach, hereby endorses and supports the application of
Gordon Paper Company, Incorporated, for $50,000 in Industrial
Access Railroad Tract Funds for the purpose of providing rail
access and enabling Gordon Paper Company, Incorporated, to expand
their industrial facility in Virginia Beach.
Adopted this 11 day of June 1991
City of Virginia Beach, virginia
BY
MEYERA E. OBERNDORF
MAYOR OF VIRGINIA BEACH AFFROV @ONTEN@',,T
Sia4ATURE
@6 @
D IP,6,
AF'@@,R L
SUFFI
@CITY ATTORNEY
- 22 -
I tem I -H. 3
CONSENT AGENDA ITEM # 34544
Upon motion by Counci Iman Clyburn, seconded by Counci lwoman Parker, City
Council ADOPTED;
Ordinance authorizing acquisition of property in
fee simple for right-of-way for Courthouse Loop
North (CIP 2-078); and, acquisition of temporary
and permanent easements of right-of-way, either by
agreement or condemnation
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Louis R.
Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor
Meyera E. Oberndorf, Nancy K. Parker and Wi I I iam D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Helschober
AN ORDINANCE TO AUTHORIZE ACQUISITION OF
PROPERTY IN FEE SIMPLE FOR RIGHT OF WAY FOR
3 COURTHOUSE LOOP NORTH (CIP 2-078) AND THE
4 ACQUISITION OF TEMPORARY AND PERMANENT
5 EASEMENTS OF RIGHT OF WAY, EITHER BY AGREEMENT
6 OR CONDEMNATION
7 WHEREAS, in the opinion of the Council of the City of
8 Virginia Beach, Virginia, a public necessity exists for the
9 construction of this important roadway to provide transportation
10 and for other public purposes for the preservation of the safety,
11 health, peace, good order, comfort, convenience, and for the
12 welfare of the people in the City of Virginia Beach:
13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
14 OF VIRGINIA BEACH, VIRGINIA:
15 Section 1. That the City of Virginia Beach is hereby
16 authorized to acquire by purchase or condemnation pursuant to
17 Sections 15.1-236, et seq., 15.1-898, 15.1-899, and Section 33.1-
18 89, et seq. , Code of Virginia of 1950, as amended, all that certain
19 real property in fee simple, including temporary and permanent
20 easements of right of way as shown on the plans entitled
21 "COURTHOUSE LOOP - NORTH C.I.P. NO. 2-078 SCALE: 1"=16001,11 these
22 plans being on file in the Office of Real Estate Department of
23 Public Works, Virginia Beach, Virginia.
24 Section 2. That the City Manager is hereby authorized
25 to make or cause to be made on behalf of the City of Virginia
26 Beach, to the extent that funds are available, a reasonable offer
27 to the owners or persons having an interest in said lands, if
28 refused, the City Attorney is hereby authorized to institute
29 proceedings to condemn said property.
30 Adopted by the council of the City of Virginia Beach,
31 Virginia, on the day of June 1991.
32 CA-4274
33 NONCODE\CA4274.ORD
34 R-1 APPROVED AS TO CONTENTS
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- 23 -
Item 1-H.4
CONSENT AGENDA ITEM # 34545
Upon motion by Councilman Clyburn, seconded by Councilwoman Parker, City
Council ADOPTED upon SECOND READING:
Ordinance to APPROPRIATE $600,425 to the Department
of Public Utilities re an Increase In the rate of
water purchased from the City of Norfolk.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Louis R.
Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor
Meyera E. Oberndorf, Nancy K. Parker and William D.
Sessoms, Jr.
Councll Members Voting Nay:
None
Councll Members Absent:
Harold Heischober
1 AN ORDINANCE TO APPROPRIATE FUNDS OF $600,425
2 TO THE DEPARTMENT OF PUBLIC UTILITIES DUE TO AN INCREASE
3 IN THE RATE OF WATER PURCHASED FROM THE CITY OF NORFOLK
4 WHEREAS, due to an increase in the rate of water purchased from the City
5 of Norfolk, the water rate charged to customers will in,re,,e t, $2.96 per
6 thousand gallons effective as of July 1, 1991;
7 WHEREAS, the revised rate will result in an operating budget increase of
8 $600,425 for the purchase of water;
9 WHEREAS, the increase in appropriations will be offset by a like increase
10 in estimated revenues from the sale of water to customers;
11 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
12 BEACH, VIRGINIA, that funds in the amount of $600,425 are hereby appropriated
13 to the Department of Public Utilities for an increase in the rate of water
14 purchased from the City of Norfolk.
15 BE IT FURTHER ORDAINED that the increase in appropriations be offset by
16 a like increase in estimated revenues from the sale of water.
17 This ordinance shall be effective from the date of its adoption.
18 Adopted by the City Council of the City of Virginia Beach, Virginia on the
19 11 day of June 1991.
20 First Reading: June 4, 1991
21 Second Reading: June 11 1991
APPROVED AS TO CONTENT:
Walter C. Kraemer, Jr.
Dep
- 24 -
I tem I -H. 5
CONSENT AGENDA ITEM # 34546
Upon motion by Counci Iman Clyburn, seconded by Counci lwoman Parker, City
Council:
APPROVED EMS Annual Ambulance Permit Renewals for area private,
municipal and non-profit organizations, pursuant to Section 10.5-2 of
the Code of the City of Virginia Beach, Virginia:
a. Children's Hospital of the King's Daughters
b. City of Chesapeake Fire/EMS
c. Medical Transport, Inc.
d. Nightingale Air Ambulance
e. Norfolk Paramedical Rescue Services
f. Ocean Rentals, LTD.
g. Tidewater Ambulance Service
h. Virginia Beach Lifesaving Service
AND,
APPROVED New Permit:
Eastern Medical/Transport, Inc.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Louis R.
Jones, Paul J. Lanteigne, Reba S. McCianan, Mayor
Meyera E. Oberndorf, Nancy K. Parker and Wi I I iam D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
- 25 -
Item I -H. 6
CONSENT AGENDA ITEM # 34547
Upon motion by Counci Iman Clyburn, seconded by Counci lwoman Parker, City
Council ADOPTED:
Ordinance authorizing Tax Refunds in the amount of
$3,009.98 upon application of certain persons and
upon certification of the City Treasurer for
Payment.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Louis R.
Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor
Meyera E. Oberndorf, Nancy K. Parker and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
FORM NO, C.A. 7 5/21/91 EMC
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for tax refunds upon certification of the Treasurer are hereby approved:
NAME Tax Type Ticket Exonera- D:! Penalty lnt. T.tai
Y ear of Tax Number tion No. P led
Barclays American 89 RE(1/2) 116935-8 11/30/88 247.86
Barclays American 89 RE(2/2) 116935-8 6/2/89 247.86
Barclays American 90 RE(1/2) 119068-8 2/5/89 275.60
Barclays American 90 RE(2/2) 119068-8 5/21/90 275.60
Barclays American 91 nE(1/2) 120463-6 11/26/90 291.12
Mary M. Smit 91 RE(1/2) 106831-0 11/16/90 74.30
Michael H. Levinson 91 RE(]./2) 66734-4 12/5/90 166.67
Michael H. Levinson 91 PE(1/2) 66735-3 12/5/90 194.53
Bonney Road Associates 91 RE(1/2) 10898-4 12/5/90 1,168.63
First Union Mortgage Corp. 91 RE(1/2) 90621-0 11/26/90 5.22
First Union Mortgage Corp. 91 RE(1/2) 125647-4 11/26/90 24.96
First Union Mortgage Corp. 91 RE(1/2) 112538-4 11/26/90 15.48
Janice M. Buggs 89 pp 25188-5 2/15/91 22.15
Total 3,009.98
This ordinance shall be effective from date of adoption.
The$l@8 .1@wnt(s) totaling Ce
ere approved by
the Council of City of VyAnia 199,
Beach on the day of e,
surer
Approved as to form:
Ruth Hodges Smith
City Clerk Le@.1
- 26 -
Item I-1. 1.
UNFINISHED BUSINESS ITEM # 34548
BELL SUBDIVISION
Anne Virga, 4829 Lakesedge Cove, Phone: 363-9656, President of the Chesapeake
Beach Civic League, expressed concern relative drainage outfall. The League is
opposed to any drainage outfall which obstructs or empties into Chesapeake
Beach. This would be a safety hazard and increase erosion.
Robert Guess, 2529 Fentress Avenue, Phone: 463-3653, resident for 51 years. Mr.
Guess spoke in OPPOSITION to any further development on Pleasure House Lake.
The Lake is too fragile for additional homes.
Robert J. Smith, 5032 Lauderdale Avenue, Phone: 464-4989, expressed concern
relative outfall of Pleasure House Lake and size of the proposed lots.
Robert J. Scott, Director of Planning, advised a preliminary subdivision plan
was submitted on May 15, 1990, to the Planning Department for approval of a 23
lot subdivision over Pleasure House Lake area, on both sides of the Chesapeake
Bay Bridge Tunnel. This entailed the filling of some area and excavation of the
area depicted in pink on the displayed map, as well as excavation of area
depicted in light blue. This created a number of problems and for a variety of
reasons, this particular proposal was DISAPPROVED. Other submittals also
received disapproval.
In February 1991, Richard Bell, property owner subdividing the area, met with
the City and reduced the scope of the proposal. The property, only on the west
side of the Bay-Bridge Tunnel is involved, not 23 lots, but 8 lots. There is no
filling and no excavation being proposed. Part of the proposal assured that no
portion of Pleasure House Lake would be filled or bulkheaded. However, this
plan was DISAPPROVED. Through additional work, communication between the City
and the applicant, and communication between representatives of the Civic
League, an agreement was reached which would include a dedication of a small
but strategically located parcel at the corner of Pleasure House and Lookout
Roads on the Shore of the lake, which would be dedicated to the City. There was
also an agreement to dedicate the necessary drainage and impoundment easements
as required by the City and to enter into cost participation agreements with
the Chespeake Beach/Pleasure House Lake Drainage Project. There would also be
an agreement not to fill any portion of Pleasure House Lake or to bulkhead any
portion of the existing shoreline. The City's subdivision and zoning ordinance
requirements will be met by this proposal. The proposal is not in conflict with
any aspect of the regulatory system. This plan has been APPROVED for the eight
(8) lots and is greatly reduced and modified from the previous proposal.
Assistant Attorney Macali advised adverse claims of title are not matters,
which the City can address at this point. As long as all City requirements and
applicable State and Federal requirements are satisfied, the City is required
to approve the subdivision. Any conflicting title claims are resolved by the
parties themselves. The only requirement of the subdivision ordinance is a
certified engineer or land surveyor has to certify on the final plat, as
opposed to the preliminary plat the subdivider is the owner of all the land
encompassed by the subdivision.
- 27 -
Item I-I. 2.
UNFINISHED BUSINESS ITEM # 34549
ADD ON
Councilwoman Parker referenced a newspaper article concerning the real estate
assessment for LAKE RIDGE being $20,000 an acre. Although on May 28, 1991,
when City Council ADOPTED the Conditional Zoning Classifications, it was
stipulated in the PROF'FERS at $60,000 an acre. Councilwoman Parker expressed
concern relative this discrepancy.
- 28 -
Item I-I.3.
UNFINISHED BUSINESS ITEM # 34550
ADD ON
Councilwoman Parker referenced the correspondence relative the proposed
SANDBRIDGE HOTEL and the proposed sewage treatment system. Councilwoman Parker
requested information concerning the number of rooms and whether this would be
an on-site package treatment plant or drainfield.
The City Manager will provide information.
- 29 -
Item I-I.4.
UNFINISHED BUSINESS ITEM # 34551
ADD ON
The City Manager distributed information relative Parking Meter revenues. A
variety of scenarios were presented, which would enhance parking meter
revenues. In addition, data that describes parking meter zones, as it pertains
to specific locations, current inventories, and demand areas accompanied by a
map of metered parking in the resort was distributed to City Council.
- 30 -
Item I-I.4.
UNFINISHED BUSINESS ITEM # 34551
ADD ON
The City Manager distributed a Memorandum concerning the possibility of some
form of Merit Leave in lieu of cash incentives which could not be provided for
City Employees in the FY 1991-1992 Budget.
- 31 -
Item I-J. 1.
NEW BUSINESS ITEM # 34552
Upon motion by Councilman Brazier, seconded by Councilman Baum, City Council
ADOPTED, AS REVISED:
Ordinance to AMEND and REORDAIN Section 5-31 of the
Code of the City of Virginia Beach, Virginia, re
bird sanctuaries:
Hidden Shores Condos - Lynnhaven Borough
Cavalier Park, Heron Cove and Bay Colony - Bayside Borough
Westview Village - Kempsville Borough
A N D,
corrected the spelling of "Riverton"
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Louis R.
Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor
Meyera E. Oberndorf, Nancy K. Parker and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
AN ORDINANCE TO AMEND AND
REORDAIN SECTIO14 5-31 OF TliE
CODE OF TFIE CITY OF VIRGINIA
4 BEACH, VIRGINIA, PERTAINING TO
5 BIRD SANCTUARIES.
6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
7 BEACH, VIRGINIA:
8 That Section 5-31 of the Code of the City of Virginia Beach,
9 virginia, is hereby amended and reordained to read as follows:
10 Section 5-31. Established; purpose.
11 The following described areas in the city are hereby declared
12 to be bird sanctuaries for the protection of all birds:
1- (1) North Thalia in Kempsville Borough: Beginning
14 at a point in the center of Thalia Creek on the
15 north side of U.S. Rolite 58 (virginia Beach
16 Boulevard) ; thence in a northerly direction
17 following the center of Thalia Creek to the
18 merger of Thalia Creek, the western branch of
19 Lynnhaven River and Buchannan Creek; thence i,
20 an easterly direction along the center of
21 Buchanan Creek (Lynnhaven and Kempsville
22 Borough line) to the northeast boundary of
23 Thalia Shores; thence in a southerly direction
24 along the Lynnhaven and Kempsville Borough line
25 to a point; thence along the borough line in
26 a westerly direction approximately twelve
27 hundred (1200) feet, more or less, to a point;
28 thence along the borough line in a southerly
29 direction to the north side of U.S.Route 58
30 (Virginia Beach Boulevard) and Route 1192 (West
31 Brook Road) ; thence in a westerly direction
32 along U.S. Route 58 to the point of beginning.
33 (2) Chesopian Colony in T,yiinhaven Borough:
34 Beginning at a point in the center of Pine Tree
35 Branch on the north side Of IJ.S. Route 58
3 6 (Virginia Beach Botilevard); thence in a
37 northerly direction following the center of
3@ Pine Tree Branch to the merger of Pine Tree
39 Branch, the eastern branch of Lynnhaven River
40 and London Bridge Creek; thence in a
41 southeasterly direction along the center of
42 London Bridge Creek to U.S. Route 58 (Virginia
43 Beach Boulevard); thence along the north side
44 of U.S. Route 58 in a westerly direction to
45 the point of beginning.
46 (3) The subdivisions known as Cavalier Park, Herons
47 Cove, Bay Colony, Kings Grant, Alanton, Kings
48 Forest, Malibu, Birchwood Gardens, Lynnhaven
4 Acres, Cape-Story-By-The-Sea, Bay Island and
50 Trantwood Shores in the Borough of Lynnhaven
51 and Nottingham Estates, Laurel Cove and Aragona
52 village in Bayside Borough.
53 (4) All that certain area located in Lynnhaven
54 Borough, including, but not limited to those
55 subdivisions known as Wolfsnare Plantation,
56 Southern Points, Robin Hood Forest and Great
57 Neck Estates, and being more particularly
58 described as follows: Beginning at a point in
59 the center of Wolfsnare Creek on the western
60 side of Great Neck Road; thence in a westerly
61 direction following the center line of
62 Wolfsnare Creek to the merger of Wolfsnare
63 Creek and the eastern branch of the Lynnhaven
64 River; thence in a northerly direction along
65 the center line of the eastern branch of the
66 Lynnhaven River to the merger of the center
67 line of the eastern branch with Inlynnview Road
68 extended; thence, in an easterly direction and
69 running parallel to Robin Hood Road, down the
7 center of Inlynnview Road to the intersection
2
71 of Inlynnview Road and Five Points Road;
72 thence in a northerly direction, down the
center of Five Points Road to the point of
74 intersection of Five Points Road and Rose Hall
75 Drive; thence in an easterly direction, down
76 the center of Rose Hall Drive to the
77 intersection of Rose liall Drive with Great
78 Neck Road; thence in a southerly direction and
79 traveling along the western right-of-way line
80 of Great Neck Road to the point of merger of
81 the center line of Wolfsnare Creek with the
82 western right-of-way line of Great Neck Road,
83 said point being the point of beginning.
1 (5) All that certain area bounded on the north by
85 Shore Drive, on the south by Long Creek, on the
86 west by Great Neck Road and on the east by the
87 subdivision known as Cape-Story-By-The-Sea.
88 (6) The subdivisions known as Lakeview Shores, Lake
89 Sinith Terrace, Lake Smith Terrace-West,
90 Thoroughgood, Thoroughgood Estates, Lake
91 Shores, Bayville Park, Baylake Pines and
92 Baylake Beach in Bayside Borough.
93 (7) All that certain area located in Princess Anne
9A Borough being described as follows: From the
95 intersection of the center line of Hell Point
96 Creek and Tabernacle Creek to its intersection
97 with the center line of Muddy Creek to its
98 termination at North Bay, then northwardly
99 along the center line of Hell Point Creek to
100 the point of origin.
101 (8) The subdivisions known as Lake James,
102 Kempsville Heights, Point-of-View, Arrowhead,
103 Carolanne Farms, Huntington, Fairfield,
104 Kempsville Manor, Kempsville Gardens, Lark
ic Downs, Larkspur, Kempsville Colony, Bellamy
3
106 Manor, Acredale, @t-en Riverton, Lakeville
107 Estates, Timberlake and Stratford Chase in
jr- Kempsville Borough and Fawn Village at Indian
109 Lake.
110 (9) All that certain area located in Princess Anne
ill Borough being described as follows: From the
112 center line of North Landing Road easterly five
113 hundred (500) feet and westerly five hundred
114 (500) feet and running parallel to North
115 Landing Road from the south line of Indian
116 River Road to the Chesapeake City boundary line
117 on the Intercoastal Waterway.
118 (10) The subdivision known as Lago-Mar in Princess
1]L Anne Borough.
12 0 (11) The subdivision known as Green Run in Princess
121 Anne Borough.
12 2 (12) The subdivisions known as Pembroke Meadows,
123 Pembroke Manor, Witchduck Point and Witchduck
124 Bay in Bayside Borough.
125 (13) The subdivision known as Lynnhaven Colony.
12 6 (14) All that certain area known as Beach Garden
127 Park in the Lynnhaven Borough of the city; said
128 area is located directly south of Laskin Road,
129 bounded on the west by Barberton Drive and on
13 0 the east by lfolly Road running to 26th Street.
131 (15) All that certain area known as Chesapeake Beach
132 in the Bayside Borough of tlie city; said area
13 3 is bounded on the south by Shore Drive, bounded
134 on the north by Chesapeake Bay, bounded on the
13 5 west by Little Creek Amphibious Base, and
13 6 bounded on the east by the subdivision known
137 as Baylake Pines.
138 (16) All that certain area known as Princess Anne
13 9 Plaza in the Lynnhaven and Princess Anne
14 Boroughs of the city; said area is bounded on
4
141 the north by the Virginia Beach toll road,
142 bounded on the west by Rosemont Road, bounded
J,- - on the south by Holland Road and Lynnhaven
144 Parkway, and bounded on the east by Lynnhaven
145 Parkway.
146 (17) All that certain area known as wolfsnare in the
147 Lynnhaven Borough of the city; said area is
148 bounded on the east by First Colonial Road, on
149 the north by the Northern Branch of Wolfsnare
150 Creek, on the west by Great Neck Road, and on
151 the south by the southern branch of Wolfsnare
152 Creek, Regency Apartments, and Laskin Road; to
153 include the subdivision of First Colonial
11 Estates, Camden Estates, Glouster Village,
155 Hilltop Manor, Wolfsnare Acres, Washington
156 Square and Woods of Washington Square.
157 (18) All that certain area known as Lake Placid in
158 the Princess Anne Borough.
159 (19) The subdivision known as Great Neck Point in
160 the Lynnhaven Borough.
161 (20) The subdivisions known as Ballylinn Shores and
162 West View Village in the Kempsville Borough.
163 (21) All that certain area known as Hunt Club Forest
164 in the Princess Anne Borough.
165 (22) All that certain area known as Pine Ridge in
166 the Princess Anne Borough.
167 (23) The subdivision known as Kenstock in the
168 Lynnhaven Borough.
169 (24) All that certain area known as the campus of Virginia
170 Wesleyan College in the Bayside Borough.
171 .(25) All that certain area known as the Hidden Shores
172 condominiums in the Lynnhaven Borough.
173 Adopted by the Council of the City of Virginia Beach, Virginia
174 on the day f June 1991.
175 CA-4277
176 \ordin\proposed\05-031.pro
177 R-4
5
- 32 -
Item I-J.2.
NEW BUSINESS ITEM # 34553
ADD-ON
The City Manager advised the drought is beginning to have a significant impact
on the water systems. The Norfolk City Council is also being informed there is
a need for both the Cities of Norfolk and Virginia Beach to proceed with
VOLUNTARY water conservation.
Over the next several weeks, Public Information programs will commence relative
utilizing City water for only essential uses and requesting the citizens
refrain from the use of City water for watering their lawn and other non-
essential uses.
BY CONSENSUS, City Council concurred with the need for VOLUNTARY water
conservation.
- 33 -
Item I-K. 1.
AD,JOURNMENT ITEM # 34554
Upon motion by Councilman Baum, and BY CONSENSUS, City CouDcil ADJOURNED the
Meeting at 4:55 P.M-
Be @@l 0. H..k.
Chief Deputy City Clerk
-Ruth Hodges Smith, CMC Me er E. Ober
City Clerk Ma yr
City of Virginia Beach
Virginia