HomeMy WebLinkAboutDECEMBER 20, 1982 MINUTES
Cit@ <Df
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
MAYOR LOUIS R. JONES, B.y@id@ B.,..gh
VICE-MAYOR BARBAPA M. HENLEY, P..g. B .... gb
JOHN A. BAUM, B.,..gb
NANCY A. CREECH. At L.,g@
HAROLD L[EISCHOBER. At L.,g. -
H. JACK JENIIINGS, JR., Ly..b.@@. B.,@.gb
ROBERT G. ]ONES. At L.,g@
W. It. KITCHIN, lit, Vigi.i. B@.,b
REBA S. M,CLANAN, P,i.,@@@ A@.@ B.,@.gb
1. HENRY AICCOY. JR., K@@p-ill@ 8 .... gb 212 CITY HALL BUILD(,NG
MEYERA E. OBERNOORF, Al L.,g@ MtlVICIPAL CEVTER
VIRGINIA BEACH, VIRGINIA 23456
RUTH HODGES SMITH, CMC, City Cl.,k (804) 427-430 3
CITY COUNCIL AGENDA
December 20, 1982
ITEM I INFORMAL SESSION: 12:30 P.M.
A. CALL TO ORDER - Mayor Louis R. Jones
B. ROLL CALL OF COUNCIL
C. MOTION TO RECESS INTO INFORMAL/EXECUTIVE SESSION
D. PRESENTATION/DISCUSSION OF PERTINENT MATTERS
1. matters for discussion by mavor.
2. Matters for discussion by Council.
E. CITY MANAGER'S ADMINISTRATIVE ITEMS:
1. Cablecas@ing of Council Meetin gs: Discussion.
2. Request of Electoral Board for Electronic Voting Machines
@itywide: DisCUS$iOn (see item on Formal Agenda).
3. Request of Cavalier Hotel Corporation to Expedite Zoning
Ai?plication
4. Review of Consent Agenda.
ITEM II FORMAL SESSION: 2:00 P.M.
A. INVOCATION: Reverend Robert C. Bradford, Jr.
Thalia Trinity Presbyterian Church
B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
C. ELECTRONIC ROLL CALL OF COUNCIL
D. MINUTES OF PREVIOUS MEETING:
1. Motion to accept/approve the Minutes of the Regular Meeting
of December 13, 1962.
E. RESOLUTION
1. Resolution authorizing an increase in rates charged fox
installation and basic service by Cox Cable Virginia
Beach, Inc.
F. CONSENT AGENDA
All matters listed under the consent Agenda are considered in the
orainary course of business by City Council and will be enacted
by one motion in the form listed. There will be no separate
discussion of these items. If discussion is desired, that item
will be removed from the Consent Agenda and considered separately.
1. Ordinance to amend Sections 2-214 through 2-220 of the Code
of the City of Virginia Beach, ana to establish and define
purchasing policies and procedures for the City of Virginia
Beach, based on competitive principles, which policies and
procedures are necessary to bring the City into mandatory
compliance with the 1982 Virginia Public Procurement Act.
ITEM II F. CONSENT AGENDA (cont'd)
2. ordinance to transfer funds of $14,692 from the General
Fund Reserve for Contingencies for the City's continued
participation in the Total Recall of Adult Cri-minal
Element Recard System (TRACER).
3. Ordinance appointing viewers in the petition of Virginia
Beach Resort Conference Motel for the closure of a 15-foot
portion of Shore Dkive (Lynnhaven Borough).
4. Ordinance appointing viewers in the petition of Bay-F-ront,
Ltd., a virginia corporation, for the closure of a 4,364-
square foot area of Shore Drive (,Lynnhaven Borough).
5. Low bid of Carter-Bell Corporation, in the arnount of $221,
095.20, for the Small Line Improvements - Contract 4 Project
(CIP 5-304); AND, authorize the City Manager to enter into
the necessax-y agreements for the implementation of this
project.
6. Low bid of A & W Contractors, Inc., in the amount of $34,174.
46, for the Five Forks Road Wate-r Main Extension (.cip 5-700);
AND, authorize the City Manager to enter into the necessary
agreements for the implementation of this project.
7. Low bid of Higgerson;@Buchanan, Inc., in the amount of $100,653,
for the virginia museum of marine Science Project - Site
Impleinentation (CIP 3-928); AND, authorize the City Manager
to enter into the necessary agreements for the implementation
of this project.
8. Bingo/Raffle Permits:
Virginia Beach Girls' Softball Bingo
Association, Inc.
Old Dominion Aquatic Club Bingo/Raffle
Church of the Ascension Ringo/Raffle
Temple Emanuel Bingo
Older Sons of Italy in America Bingo
Hebrew Academy of Tidewater Bingo/Raffle
Plaza Junior High School Marching Bingo/Raffle
Trojanettes
Auxiliary to virginia Beach General Raffle
Hospital
Khights of Columbus - Father Nicholas Bingo
J. Habets
ITEM II R. APPOINTMENTS
1. Community Corrections Resource Board
2. Conununity Services Board
3. Board of Electrical Appeals
4. old Incinerator Site Committee
5. Tidewater Stadium Authority
I. UNFINISHED BUSINESS
.1. Council direction concerning the purchase of Electronic
voting machines.
J. NEW BUSINESS
1. Dr. Jessie W. Law-rence - street iinprovements in Pungo Borough
K. ADJOU@NT
1. Motion to adjourn.
CANCELLED
PEGULAR MEETING
VIRGINIA BEACH CITY COUNCIL
DECEMBER 27, 2982
HAPPY NEW YEAR
ITEM II G. PLANNING ITEMS (cont'd)
6. Application of La Quinta Motor Inns, Inc., for a conditional
ermit for a 130-unit inotel on a 2.12-acre parcel located -
along the east side of Newtown Road, south of Greenwich Road
Bayside Borough). This itern was expedited on Noverrber 22, 1982.
Letter from the City Manager transmits the recommendation of
the Planning Commission for approval.
7. Ordinance to amend and reordain Article 1, section Ill of the
Comprehensive Zoning Ordinance pertaining to definition
of Country Inn;
AND, ordinance to amend and reordain Article 4, Section 401(.c)
of the Comprehensive Zoning Ordinance pertaining to use
regulations for Country inns;
AND, Ordinance to amend and reordain Article 4, Section 404 of
the Comprehensive Zoning Ordinance pert&ining to off-street
parking requirements for Country Inns. (@edited Nov@er 8, 1982).
Letter from the City Manager transmits the recommendation of
the Planning Commission for approval.
8. Application of Nancy T. Warren for a conditional use permit
for a tourist home on a 4.72-acre parcbl located approximately
700 feet northeast of London Bridge Road, from a point 3,900
feet northwest of the London Bridge Road/Oceana Boulevard
intersection (Princess Anne Borough).
Letter from the City Manager transmits the recommendation of
the Planning Commission for denial.
9. Application of J. W. Payne for a variance to Section 4.1(m)
and 5.5(a) and (b) of the Subdivision Ordinance which requires
minimum right-of-way and pavement widths, curb and gutter,
and drainage facilities. He is proposing to provide improve-
ments commensurate with those in the area on a site located
along the east side of Duke of Windsor Road, 250 feet south
of Kent Circle (Lynnhaven Borough). (Expedited November 8, 1982).
Letter from the City Manager transmits the recommendation of
the Planning Commission for approval.
10. ordinance to amend and reordain Sections 1401, 1402, 1403, 1405,
1407, 1408, and 1409 of Title I, Article 14, of the Zoning
Ordinance of the City of Virginia Beach, Virginia, relating to
Wetlands.
Letter from the City Manager transmits the -recommendation of
the Planning Colmnission for approval.
11. Ordinance to amend and reordain Article 7, Section 7-U (b)(3)
of the Comprehensive Zoning ordinance pertaining to accessory
uses and structures. (This item was expedited on Noveuber 15, 2982)
Letter from the City Manager transmits the recommendation of
the Planning Co @ ssion for approval.
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
20 December 1982
The Regular Meeting of the Council of the City of Virginia Beach,
Virginia, was called to order by Mayor Louis R. Jones, in the
Conference Room, City Hall Building, on Monday, December 20, 1982,
at Twelve-Thirty in the afternoon.
Council Members Present:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, W. H. Kitchin, III,
Reba S. McClanan, J. Henry McCoy, Jr., D..D.S.,
and Meyera E. Oberndorf
Council Members Absent:
Robert G. Jones,*
- 2 -
ITEM #19227
Mayor Jones entertained a motion to permit Council to conduct its
INFORMAL SESSION to be followed by an EXECUTIVE SESSION pursuant
to the exemptions from open meetings allowed by Section 2.1-344
Code of Virginia, as amended, for tbe followin@. purposes:
1. PERSONNEL MATTER: Discussion or consideration of
employmenC, a-ssignment, appointment, promotion,
performance, demotion, salaries, disciplining or
resignation of public officers, appointees or
employees.
2. LEGAL MATTERS: Consultation with legal Counsel or
briefings by staff members, consultants or attorneys,
pertaining to actual or potential litigation, or other
legal matters within the jurisdiction of the public
body.
Upon motion by Councilwoman Creech, seconded by Councilman Baum,
City Council voted to proceed into the EXECUTIVE SESSION following
the INFORMAL SESSION.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, W. H. Kitchin, ITI,
Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.,
and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Robert G. Jones*
*COUNCILMAN JONES ENTERED COUNCIL MEETING AT 12:37 p.m.
- 3 -
M A T T E R S B Y T H E M A Y 0 R
DEFECT BONDS ITEM #19228
The Mayor made reference to a letter from the City Manager regarding
a defect bond which was allowed to expire on the Magic Hollow
Subdivision and requested information as to the City's policy on
matters such as this.
The City Manager asked the Director of Public Works, C. Oral Lambert,
to discuss this matter concerning defect bonds.
Mr. Lambert advised that once the developer has completed work on
a subdivision a final inspection would be undertaken by the City
to see it was done in accordance with the approved construction
drawings, specifications, etc. If the work is satisfactory, the
City releases the Performance Bond and reduces the Bond to a ten
percent Defect Bond, which the City would "hold" for a period of
two (2) years.
There are three (3) subdivisions in which Defect Bonds were allowed
to expire:
Magic Hollow
Sunstream Park
Lake Placid
Some sections in Magic Hollow are several years old and there are
utility ltems which still have not been completed. The estimated
cost of the items is $25,000. The Defect Bond has expired on the
sections leaving the City with no legal means to require the
developer to correct the deficiencies.
The Mayor advised the Two Year Policy on Defect Bonds should be
extended for a longer period of time.
The City Manager advised he and his staff will investigate the
inatter and report back to Council.
M A T T E R S B Y T H E C 0 U N C I L
EXPEDITE CAPPS APPLICATION ITEM #19229
Vice Mayor Henley advised Council of the request to expedite the
application of Capps for a single-family residence in the Ag-I
Agricultural District to be heard by the Planning Commission on
January 11, 1983, and by City Council January 17, 1983.
This matter will be heard under NEW BUSINESS.
-4 -
JLARC MEETING ITEM #19230
Councilman Jones advised Council he was unable to attend the
INFORMAL SESSION of December 13, 1982, due to a meeting in
Richmond, Virginia, regarding the JLARC Study Commission.
CONFLICT OF INTEREST ACT ITEM #19231
Councilman Jones advised Council while attending the JLARC meeting
in Richmond he met with Deputy Attorney General for an explanation
to the Conflict of Interest Act. Councilman Jones presented
pamphlets concerning the Act.
NATIONAL LEAGUE OF CITIES ITEM #19232
Councilman Jones made reference to a meeting being held in Washington,
D. C., by the National League of Cities, Annual Congressional
Conference and urged all Council Members who could attend the
Conference to do so.
CAVALIER PROPERTIES ITEM #19233
Councilman Jennings advised he met with the applicant and
representatives of the Civic League in the application of
Cavalier Properties and was quite pleased on Friday, December 17,
1982, when the City received an agreement outlining the covenents
and conditions agreed to by the applicant. However, today
(December 20, 1982), an amended Agreement was presented to the
City Attorney for consideration.
Councilman Jennings advised he has not had the opportunity to "look
this over" and may make a motion to defer the application until
January 10, 1982, to provide Council tbe opportunity to study the
amended agreement.
1 22 08 2
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C I T Y M A N A G E R ' S A D M I N I S T R A T I V E I T E M S
CABLECASTING OF COUNCIL MEETINGS ITEM #19234
The City Manager asked Michael J. Barrett, Assistant to the City
Manager, to make a presentation to Council concerning cablecasting
of Council Meetings.
Mr. Barrett advised the staff investigated the cost of cablecasting
Council meetings on the local government access channel. Costs fall
into two basic areas:
1. Preparation costs
2. Costs to produce each Council Session
Preparation involves the installation of lighting and the wiring
for sound. It has been determined that a one-time expenditure of
$3,600 will provide for adequate lighting and sound facilities to
produce the Sessions.
The production cost for each Session will vary depending upon which
method of production is chosen. The staff has developed a proposal
for development in conjunction with the School System of a joint
cable production facility.
Under the City Franchise Agreement with Cox Cable of Virginia Beach,
the City Manager has determined that the production charges for an
average four-hour Council Session will be $282.50. This will involve
taping the Session for cablecast at specified times on the local
government access channel. For the remainder of the fiscal year,
the cost would be $6,780.
Total funding of $10,380 would be needed to prepare the Council
Chambers to produce Council Sessions for cablecast. If Council
wishes funds can be made available from the increased fees the
City will receive as a result of Cox's increased revenues if
Council grants their rate increase.
Councilwoman Oberndorf suggested the staff contact Cox Cable and
ask if they would be willing to send flyers with the billing of
Cable customers in Virginia Beach asking if the citizens would
like their City Council meetings broadcast over television and
notifying them the funds would be paid by ALL Cox Cable customers.
12/20/82
- 6 -
ELECTORAL BOARD ITEM #19235
The City Manager advised that on December 13, 1982, the Chairman
of the Electoral Board presented the request of the Board to
purchase voting machines from Computer Election Systems for a total
cost of $158,180. It was indicated that this equipment will cost
an additional $33,930 if purchased after December 31, 1982, which
includes: 261 vote recorders, 44 computers and 44 demonstrators.
The voting machines from CES are reconditioned and will carry a
one-year warranty as opposed to a six-month warranty on new
machines.
As Council requested the City has obtained tentative telephone
quotes on lease/purchase financing terms as follows:
Southern National Leasing Corporation
5-year semi-annual payments in arrears
$20,724.04 payment
10.48% interest
$207,240.40 total payments
First Municipal Leasing Corporation
5-year semi-annual payments in arrears
$22,650 payment
12.5% interest
$226,500 total payments
(or)
7-year semi-annual payments in arrears
$18,000 payments
12.5% interest
$252,000 total payments
The Mayor advised the City Could accept a contract with CES subject
to CES being able to dispose of old voting machines at a net
of $40,000 to the City of Virginia Beach.
Mr. Shelby Thomas, Computer Election Systems, spoke on this matter.
CAVALIER HOTEL CORPORATION ITEM #19236
The City Manager made reference to the request from Cavalier Hotel
Corporation for expedition of their application as the national
headquarters for Tradigran, Inc., Commodities Brokers, which has
previously been located in New Orleans, Louisiana, will be located
on the site and it is necessary the renovations required to house
this firm be completed and tbe offices moved prior to the end of
March 1983.
This matter will be heard on the FORMAL AGENDA under NEW BUSINESS
- 7 -
REVIEW OF THE CONSENT AGENDA ITEM #19237
Councilwoman McClanan advised she had several questions concerning
the Ordinance to amend Sections 2-134 and 2-220 of the City Code
to establish and define purchasing policies and procedures for the
City of Virginia Beach.
Councilman Jennings advised he questioned Section 3-15 of the
Ordinance concerning Modification of the contract "and wanted to make
certain (in the wording) that is, in fact, what is intended".
TRACER ITEM #19238
Councilman Heischober requested on TI-F.2, the Ordinance to transfer
funds of $14,692 from the General Fund Reserve for Contingencies for
the City's continued participation in the Total Recall of Adult
Criminal Element Record System k'TRACER), that the Staff prepare
a study which would encompass the City's own hardward/software
into the TRACER Program and the cost of same.
City Council recessed into EXECUTIVE SESSION (1:45 p.m.)
12/20/82
- 8 -
F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
20 December 1982
2:25 p.m.
Council Members Present:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III,* Reba S. McClanan, J. Henry McCoy,
Jr., D.D.S., and Meyera E. Oberndorf
Council Members Absent:
None
INVOCATION: Reverend Robert C. Bradford, Jr.**
Thalia Trinity Presbyterian Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
*COUNCILMAN KITCHIN VOICED A VERBAL "PRESENT"
**Reverend Bradford just returned from Australia where he participated
in a ministerial exchange program.
- 9 -
M I N U T E S
ITEM II-D.1 TTEM #19239
Upon motion by Councilwoman Creech, seconded by Councilman McCoy,
City Council voted to APPROVE the Minutes of the Regular Meeting
of December 13, 1982.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, IIT, Reba S. McClanan, J. Henry McCoy,
Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
I 0 -
R E S 0 L U T I 0 N
ITEM II-E.1 ITEM #19240
Upon motion by Councilman Heischober, seconded by Councilwoman
Creech, City Council voted to uphold the recommendation of the
City Manager and ADOPT the Resolution authorizing an increase
in rates charged for installation and basic service by Cox
Cable Virginia Beach, Inc.
Voting: 10 - 1
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, 11111, Reba S. McClanan,
J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
H. Jack Jennings, Jr.
Council Members Absent:
None
*COUNCILMAN KITCHIN VOICED A VERBAL "AYE"
REQUESTED BY: City Manager
RESOLUTION AUTHORIZING AN INCREASE IN
RATES CHARGED FOR INSTALLATION AND BASIC
SERVICE BY COX CABLE VIRGINIA BEACH, INC.
WHEREAS, Cox Cable Virginia Beach, Inc., has applied for
authorization to increase the rates for which they charge their
subscribers for installation and for basic monthly services; and
WHEREAS, as required by the CATV ordinance, adopted by the
Council of the City of Virginia Beach on May 17, 1976, a scheduled
renegotiation session and a public hearing have been held to consider
this request by Cox Cable Virginia Beach, Inc.; and
WHEREAS, the City Council resolved on September 27, 1982, that
Cox Cable Virginia Beach would be authorized to increase the rates
they charge their subscribers effective upon demonstrated performance
of and agreement to items enumerated in the resolution dated
September 27, 1982; and
WHEREAS, Cox Cable Virginia Beach, Inc., has met or exceeded
the performance standards and has provided written agreement to
the conditions specified in Council's resolution of September 27,
19 8 2 .
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA, that effective for services rendered or
to be rendered on and after January 1, 1983, Cox Cable Virginia
Beach, Inc., is authorized to raise the basic monthly rate to
$8.95 and the installation charge to $25.00.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Twentieth day of December, 1982.
- 1 2 -
A P P 0 I N T M E N T S
ITEM II-H.2 ITEM #19241
Councilman Jennings nominated the following to the COMMUNITY
SERVICES BOARD for terms of three (3) years each, beginning
January 1, 1983, and ending December 31, 1985:
Joan Chebetar - reappointment
Madelyn Richardson - reappointment
William 0. Halteman - new appointment
MaryAnne Nixon - new appointment
Upon motion by Councilman Heischober, seconded by Councilman Kitchin,
City Council voted to CLOSE THE NOMTNATIONS for appointment on the
COMMUNITY SERVICES BOARD.
Voting: 11-0
Council Members Voting Aye: (To Close Nominations)
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, J. Henry McCoy,
Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
- 1 3-
The recorded vote on the noininations for the COMMUNITY SERVICES BOARD
is as follows:
Voting: 1 1-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, W. H. Kitchin, III,
Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.,
and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
- 14 -
ITEM II-H.3 ITEM #19242
Upon nomination by Councilwoman Oberndorf, City Council voted to
REAPPOINT the following to the BOARD OF ELECTRICAL APPEALS for a
term of two (2) years each, beginning January 1, 1983, and ending
December 31, 1984:
Richard Thomas
James Witcher
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, J. Henry McCoy,
Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
- 1 5 -
ITEM II-H.5 ITEM #19243
Upon nomination by Councilman McCoy, City Council voted to APPOINT
the following to the TIDEWATER STADIUM AUTHORITY:
Harold Heischober - New appointment
Two (2) year term
January 1, 1983 - December 31, 1984
Allen N. Rothenberg - Reappointment
Three (3) year term
January 1, 1983 - December 31, 1985
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, 111, Reba S. McClanan, J. Henry McCoy,
Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
- 1 6 -
C 0 N S E N T A G E N D A
ITEM II-C ITEM #19244
Upon motion by Councilwoman Creech, seconded by Councilman McCoy,
City Council voted to uphold the recommendation of the City
Manager and ADOPT the CONSENT AGENDA by ONE MOTION with the
exception of 11-G.1 which will be considered separately.*
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert C. Jones, W. H.
Kitchin, III, Reba S. McClanan, @. Henry McCoy,
Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
*ON ITEM II-G.8, BINGO AND RAFFLE PERMITS, COUNCIL MEMBERS liEISCHOBER,
McCLANAN AND OBERNDORF ABSTAINED FROM VOTING FOR THE PERMIT OF THE
AUXILIARY TO VIRGINIA BEACH GENERAL HOSPITAL
- 1 7 -
ITEM II-G.2 ITEM #19245
Upon motion by Councilwoman Creech, seconded by Councilman McCoy,
City Council voted to uphold the recommendation of the City
Manager and ADOPT the Ordinance to transfer funds of $14,692
from the General Fund Reserve for Contingencies for the City's
continued participation in the Total Recall of Adult Criminal
Element Record System (TRACER).
Voting: I 1-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, J. Henry McCoy,
Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
-18 -
AN ORDINANCE TO TRANSFER FUNDS
OF $14,692 FROM THE GENERAL
FUND RESERVE FOR CONTINGENCIES
FOR THE CITY'S CONTINUED PARTICI-
PATION IN THE TOTAL RECALL OF
ADnT CRIMINAL ELEIENT RECORD
SYSTEM (TRACER)
WHEREAS, for several years the City of Virginia
Beach has contracted with the City of Norfolk to
participate in the TRACER system, and
WHEREAS, the Virginia Beach Police Department
recommends that the City continue to participate in this
system, and
WHEREAS, the cost to the City of Virginia Beach
to participate in the system from July 1, 1982 through
June 30, 1983 is $109,692, and
WHEREAS, funds of $95,000 have been provided for
this activity in the FY83 operating budget of the
Department of Data Processing and additional funding
of $14,692 is needed, and
WHEREAS, the additional funding can be provided
from the General Fund Reserve for Contingencies.
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH that funds of $14,692 be transferred
from the General Fund Reserve for Contingencies to the
Department of Data Processing for the City's continued
participation in the TRACER system.
BE IT FURTHER ORDAINED that the City Manager is
hereby authorized to enter into a contract subject to
Section 2-154 Code of the City of Virginia Beach, Virginia
with the City of Norfolk to participate in TRACER.
This ordinance shall be effective from the date of
its adoption.
Adopted by the Council of the City of Virginia Beach
on Twentieth day of December 1982.
A.5 TO C
JDB:jh
- 1 9 -
ITEM II-C.3 ITEM #19246
Upon motion by Councilwoman Creech, seconded by Councilman McCoy,
City Council voted to upbold the recommendation of the City
Manager and ADOPT the Ordinance appointing viewers in the petition
of Virginia Beach Resort Conference Motel for the closure of a
15-foot portion of Shore Drive, in the Lynnhaven Borough.
Voting: I 1-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, Ill, Reba S. McClanan, J. Henry McCoy,
Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
20 -
ORDINANCE APPOINTING VIEWERS
WHEREAS, Virginia Beach Resort Conference Hotel, a
Virginia general partnership, has given due and proper notice, in
accordance with the statutes for such cases made and provided
that it will on ttie day 6f 198-,
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 whet@er, in the
opinion of said viewers what inconvenience,.if any, would result
fro m 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, Virgin3'-a:
THAT C. Oral Lambert
Robert J. Scott and
David Grorhmnl are
hereby appointed to view the below-described property and report
in writing to the Council on or before the day of
198 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:
Shore Drive, beginning at a point on the
northern side of Shore Drive distant 209.77
feet west of the intersection of Croix Drive
and Shore Drive; thence running south 760
53' 30" we'st 218.10 feet to a point; thence
turning and running south 150 38' 30"
west 15 feet to a point; thence turning and
running north 760 531 30" west 218.10 feet
to a point; thence turnina and running north
150 51' 42" west 15 feet @o the point of
beginning. (Portion to be vacated is desig-
nated as 3,271.50 square feet of Shore Drive.)
All of the above as shown on that certain plat
entitled "Proposed Street Closure Plan of Portion of Shore Drive
R/W along and adjacent to Parcel 'Y' as shown on plat entitled
2 1-
'Subdivision of Part of Property of David I. Levine, et all,."
Lynnhaven Borough, Virginia Beach, Virginia, made by Engineering
Services, Inc., dated October 1, 1982, which plat is attached
hereto and made a oart hereof and intended to be recorded with
the Ordinance closing the afore-described street.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Twentieth day of December, 1982
- 2 2 -
ITEM II-G.4 ITEM #19247
Upon motion by Councilwoman Creech, seconded by Councilman McCoy,
City Council voted to uphold the recommendation of the City
Manager and ADOPT the Ordinance appointing viewers in the petition
of Bay Front, Ltd., a Virginia Corporation, for the closure of a
4,364-square foot area of Shore Drive, in the Lynnhaven Borough.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, 111, Reba S. McClanan, J. Henry McCoy,
Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
2 3 -
ORDINANCE APPOINTING VIETQERS
WHEREAS,'Bay Front Associates, Ltd., a Virginia
corporation, has given due and proper notice, in accordance with
the statutes for such cases made and provided that it.will on
the 20th day'of December, 1982, apply to the City Council of the
city of Virginia Beach, Virginia, for the appointment of viewers
to view the below-described pronerty and report in writing to the
Council whether, in the opinion of said viewers what inconvenience,
if any, 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
Robert J. Scott ancl
David M. Grochmal are
hereby appointed to view the below-described property and report
in writing to the Council on or before the day of
, 198 , whether in their opinion, any, and
if any, what inconvenience would result in the discontinuing and
vacating of a Dortion of that certain street of variable width
located in the City of Virginia Beach, virginia, and more
particularly described as follows:
Shore Drive, begi-nning at a po4-nt cn- the
northern si-de of Shore Drive distant 662.87.
feet west of the intersecti-on of Beech Street
and Shore Drive; thence runn4-ng south 76@ 53'
30" west 147.56 feet to a no4-nt; thence aicna
a curve to the left havina a radius of 2,014.86
feet, an arc di-stance cf 588.65 feet to a
point; thence south 130 35' 26" east 10.09
feet toa poi-nt; thence along a curve to the
r4-a,ht hav4@ng a radi-us of 2,004.86 feet, an arc
d@-stance of 288.58 feet tc a ao4-nt; thence north
760 53' 30" east 148.00 feet @o a Doint; thence
ncrth 150 38' 30" west 10.01 feet to the noi-@t
A" 4- of beginning. (Portion to be vacated i-s des4-a-
nated as 4,364 square feet of Shore Dr;-ve.)
2 4 -
All of the above is shown on that certain.plat
entitled "Vacation Plat; Portion of Shore Drive at Parcel 'x,l
Subdivision of Part of Property of David I. Levine, et al,"
Lynnhaven Borough, virginia Beach, Virginia, made by Stephen 1.
Boone & Associates, P.C., dated October 5, 1982, which plat is
attached hereto and made a part hereof and intended to be recorde@
with the Ordinance closing the afore-described street.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Twentieth day of December, 1982
4-
- 2 5 -
ITEM II-G.5 ITEM #19248
The following bids have been received for the Small Line Improvements
Contract 4 Project (CIP 5-304):
Carter-Bell Corporation $221,095.20
Vico Construction Corporation $267,498.05
A. Stanley Mundy & Company $280,967.15
A & W Contractors, Inc. $309,363.95
W. R. Hall, Jr. $333,145.37
Innerview, Ltd. $369,884.00
*Suburban Grading & Utilities $376,695.11
ENGINEER'S ESTIMATE $243,914.00
*Corrected Bid
Upon motion by Councilwoman Creech, seconded by Councilman McCoy,
City Council voted to uphold the recommendation of the City
Manager and APPROVE the low bid of Carter-Bell Corporation, in the
amount of $221,095.20 for the Small Line Improvements - Contract 4
Project (CIP 5-304) and authorized the City Manager to enter into
the necessary agreements for the implementation of this project.
Voting: 1 1 -0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, 111, Reba S. Mcclanan, J. Henry McCoy,
Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
- 2 6 -
ITEM II-G.6 ITEM #19249
The following bids have been received for the Five Forks Road Water
Main Extensions (CIP 5-700):
A & W Contractors, Inc. $34,174.46
M. E. Wilkins, Inc. $34,407.80
Carter-Bell Corporation $34,841.00
VICO Construction Corporation $36,882.52
W. R. Hall, Jr., Contractor $38,339.41
A. Stanley Mundy, Inc. $41,140.20
Chesapeake Bay Utilities $41,748.02
Suburban Grading & Utilities,
Inc. $43,778.20
Inner-View, Ltd $47,655.01
ENGINEER'S ESTIMATE $43,037.00
Upon motion by Councilwoman Creech, seconded by Councilman McCoy,
City Council voted to uphold the recommendation of the City
Manager and APPROVE the low bid of A & W Contractors, Inc., in
the amount of $34,174.46 for the Five Forks Road Water Main
Extension (CIP 5-700) and authorized the City Manager to enter
into the necessary contracts for the implementation of this
project.
Voting: I 1-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, J. Henry McCoy,
Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
- 2 7 -
ITEM II-G.7 ITEM #19250
The following bids have been received for the Virginia Museum of
Marine Science Project - Site Implementation (CIP 3-928):
Higgerson-Buchanan, Inc. $100,653.00
Ordway Construction Company $123,633.00
Suburban Grading & Utilities $125,711.00
Williams Corporation of Virginia $129,360.00
ARCHITECTURAL ESTIMATE $114,000.00
Upon motion by Councilwoman Creech, seconded by Councilman McCoy,
City Council voted to uphold the recommendation of the City
Manager and APPROVE the low bid of the Virginia Museum of Marine
Science Project - Site Implementation (CIP 3-928) and authorized
the City Manager to enter into the necessary agreements for the
implementation of this project.
Voting: I 1- 0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Barold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, J. Henry McCoy,
Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
- 2 8 -
ITEM II-G.8 ITEM #19251
Upon motion by Councilwoman Creech, seconded by Councilman McCoy,
City Council voted to uphold the recommendation of the City
Manager and APPROVE the following bingo/raffle permits:
Bingo Virginia Beach Girls' Softball
Association, Inc.
Bingo/Raffle Old Dominion Aquatic Club
Bingo/Raffle Church of the Ascension
Bingo Temple Emanuel
Bingo Older Sons of Italy in America
Bingo/Raffle Hebrew Academy of Tidewater
Bingo/Raffle Plaza Junior High School Marching
Trojanettes
Raffle Auxiliary to Virginia Beach General
Hospital*
Bingo Knights of Columbus - Father
Nicholas J. Habets
Bingo/Raffle Virginia Beach Skating Club
Bingo/Raffle Plaza Little League, Inc.
Bingo/Raffle Aragona Pembroke Little League
Voting: 1 1-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,*
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan*, J. Henry McCoy,
Jr., and Meyera E. Oberndorf*
Council Members Voting Nay:
None
Council Members Absent:
None
*COUNCIL MEMBERS HEISCHOBER, McCLANAN AND OBERNDORF ABSTAINED FROM
VOTING FOR THE PERMIT OF THE AUXILIARY TO VIRGINIA BEACH GENERAL
HOSPITAL
- 2 9 -
ITEM 11-G.1 ITEM #19252
Upon motion by Councilman McCoy, seconded by Councilwoman McClanan,
City Council voted to DEFER UNTIL JANUARY 3, 1983, the Ordinance to
amend and reordain Sections 2-214 tbrough 2-220 of the Code of the
City of Virginia Beach, and to establish and define purchasing
policies and procedures for the City of Virginia Beach, based on
competitive principles, which policies and procedures are necessary
to bring the City into mandatory compliance with the 1982 Virginia
Public Procurement Act.
Voting: I 1- 0
Council Members Voting Aye: (for deferral)
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, Ill, Reba S. McClanan, J. Henry McCoy,
Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
- 30 -
P L A N N I N G A G E N D A
ITEM II-G.1 ITEM #19253
Attorney Ed Hallorand represented the applicant
Upon motion by Councilman Jennings, seconded by Councilman Kitchin,
City Council voted to uphold the recommendation of the Planning
Commission and APPROVE the application of LTSA C. PASCAROSA for a
Change of Zoning District Classification as per the following:
ORDINANCE UPON APPLICATION OF LISA C. Z01282689
PASCAROSA FOR A CHANGE OF ZONTNG
DISTRICT CLASSIFICATION FROM R-6
RESIDENTIAL DISTRICT TO 0-1 OFFICE
DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
Ordinance upon application of Lisa C. Pascarosa for a
Change of Zoning District Classification from R-6
Residential District to 0-1 Office District on pro-
perty located on the North side of Boyd Road, 100 feet
more or less West of South Plaza Trail on Lot 120,
Westmoreland Estates. Said parcel is located at 3408
Boyd Road and contains 7740.78 square feet. LYNNHNVEN
BOROUGH.
During further review of the development plans for this
project the following may be required by the staff:
1. Standard improvements as required by the Site Plan
Ordinance.
This Ordinance shall be effective from date of adoption
Adonted by the Council of the City of Virginia Beach,
Virginia, on the Twentieth day of December, 1982.
3 1 -
Voting: 1 1- 0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, J. Henry McCoy,
Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
- 3 2 -
ITEM II-G.2 ITEM #19254
Attorney Ransom W. Etheridge represented the applicant
Commander Curtin, Naval Air Station-Oceana, spoke in opposition
Upon motion by Councilman Jennings, seconded by Councilwoman
Oberndorf, City Council voted to uphold the recommendation of
the Planning Commission and DENY the application of THE BAILEY
WICK COMPANY, A VIRGINIA GENERAL PARTNERSHIP, for a Change of
Zoning District Classification as per the following:
Ordinance upon application of The Bailey Wick
Company, a Virginia General Partnership, for a
Change of Zoning District Classification from A-2
Apartment District to A-3 Apartment District on
certain property located on the South side of
Old Virginia Beach Boulevard beginning at a point
120 feet East of West Lane, running a distance of
132.30 feet along the South side of Old Virginia
Beach Boulevard, running a distance of 403.39
feet along the Eastern property line, running a
distance of 123.67 feet along the Southern property
line, running a distance of 168.20 feet in a Northerly
direction, running a distance of 110 feet in a Westerly
direction, running a distance of 22 feet along the
East side of West Lane, running a distance of 109.92
feet in an Easterly direction and running a distance
of 167.28 feet in a Northerly direction. Said parcel
contains 1.138 acres. LYNNHAVEN BOROUGH.
Voting: 11-0
Council Members Voting Aye: (for denial)
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, J. Henry McCoy,
Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
- 3 3 -
ITEM II-G.5 ITEM #19255
Upon motion by Councilwoman Oberndorf, seconded by Councilman Kitchin,
City Council voted to uphold the recommendation of the Planning
Commission and permit WITHDRAWAL of the application of THE CITY OF
VIRGINIA BEACH, DEPARTMENT OF GENERAL SERVICES, for a Conditional Use
Permit as per the following:
Ordinance upon application of the City of Virginia
Beach, Department of General Services, for a
Conditional Use Permit for a sanitarium (non-medical
@nvironmental Alcohol Detoxification Center) on pro-
perty located Lot 18, Block 31, Virginia Beach.
Property is located at 208 18th Street and contains
7500 square feet. VIRGINIA BEACH BOROUGH.
Voting: 11-0
Council Members Voting Aye: (for withdrawal)
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, J. Henry McCoy,
Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
- 3 4 -
ITEM II-G.6 ITEM #19256
Richard Stell, Basgier and Associates, represented the applicant
and presented a letter to the City Clerk advising that La Quinta
Motor Inns, Inc., will comply with all of the Planning Commission
recommendations, (a copy of which will be made a part of these
proceedings).
Upon motion by Councilman Heischober, seconded by Councilwoman
Creech, City Council voted to uphold the recommendation of the
Planning Commission and APPROVE the application of LA QUINTA
MOTOR INNS, INC., for a Conditional Use Permit as per the following:
ORDINANCE UPON APPLICATION OF LA QUINTA MOTOR R01282508
INNS, INC., FOR A CONDTTTONAL USE PERMLT FOR A
130-UNIT MOTEL
BE TT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
Ordinance upon application of La Quinta Motor Inns, Tnc.,
for a Conditional Use Permit for a 130-unit motel on
certain property located on the East side of Newtown
Road beginning at a point 155 feet more or less South
of Greenwich Road, running a distance of 75 feet along
the East side of Newtown Road, running a distance of
210.79 feet in a Southeasterly direction, running a
distance of 192.74 feet in a Southwesterly direction,
running a distance of 250 feet along the Southern pro-
perty line, running a distance of 283.41 feet along the
Eastern property line and running a distance of 426.66
feet along the Northern property line. Said parcel
contains 2.12 acres. BAYSIDE BOROUGH.
During further review of the development plans for this
project, the following may be required by the staff:
1. City water and sewer.
As conditions of the use permit, the following are required:
1. Installation of an automatic sprinkler system meeting the
requirements of the City Fire Protection Engineer in
accordance with the National Fire Protection Association.
2. Parking eliminated from the Naval Credit Union facility
must be replaced in an equal amount in accordance with
City standards.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Twentieth day of December, 1982.
1 2 2 0 8 2
3 5 -
Voting: 11 -0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, J. Henry McCoy,
Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
1 2 2 0 8 2
-35a-
L)
@i n tri DEC I 7 19K
6 A 5 G,, A @i D
MOTOR INNS, INC. ASSOCIATES
December 16, 1982
Basgier & Associates ---------
101 North Plaza Trail 7 j,
Virginia Beach, Virginia 23452
Attention: Mr. Joe Basgier, Civil Engineer
Reference: La Quinta Motor Inns, Inc.
Virginia Beach, Virginia (#PM-5214)
Dear Joe:
Please inform the City Council of Virginia Beach, that La Quinta
Motor Inns will comply with the Planning Commission's recommendations.
An automatic sprinkler system will be installed in accordance with
the National Fire Protection Association requirements.
Thank you for coordinating the project in behalf of La Quinta.
We look forward to being a part of the Virginia Beach community.
Sincerely,
LA QUINTA MOTOR INNS, INC.
William VandenBosch, A.I.A.
chief Corporate Architect
WV-.cs
CC: John Reinhart
Corporate Attorney
La Quinta Motor Inns, Inc.
FEDERAL EXPRESS #817314400
Design ConstrLIction
La Quinta Plaza - P. 0. Box 32783 San Antonio, Tc-xas 78216 512-366-6000 12/20/82
- 3 6 -
ITEM II-G.7 ITEM #19257
Nancy Warren spoke an this matter
The following spoke in opposition.
Attorney William Cox, representing Herbert Barnes
Betty Hysinger
Upon motion by Councilwoman McClanan, seconded by Councilwoman
Creech, City Council voted to uphold the recommendation of the
Planning Comrnission and ADOPT:
Ordinance to amend and reordain Article 1,
Section Ill of the Comprehensive Zoning
Ordinance pertaining to definition of
Country Inn
Ordinance to amend and reordain Article 4,
Section 401(c) of the Comprehensive Zoning
Ordinance pertaining to use regulations for
Country Inns
Ordinance to amend and reordain Article 4,
Section 404 of the Comprehensive Zoning
Ordinance pertaining to off-street parking
requirements for Country Inns
Voting: 8-3
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
H. Jack Jennings, Jr., Mayor Louis R. Jones, W. H.
Kitchin, III, Reba S. McClanan, and J. Henry McCoy,
Jr., D.D.S.
Council Members Voting Nay:
Vice Mayor Barbara M. Henley, Robert G. Jones, and
Meyera E. Oberndorf
Council Members Absent:
None
3 7 -
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE 1, SECTION Ill
OF THE COMPREHENSIVE ZONING ORDINANCE
PERTAINING TO DEFINITION OF COUNTRY INN
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Article 1, Section 111, Definitions, of the C.Z.O. be amended and
reordained in part as follows:
Country Inn. A building in which not more than five (5) rooms
are provided for lodging transients, for compensation, for daily
or weekly terms, with or without board, in conjunction with which
antiques may be sold at retail as an accessory use@ No such rooms
shall have an entrance or exit to the outside of the building, and
no such room shall exceed three hundred (300) squarb feet in floor
area.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
20 day of December 1982.
APPROVE!) AS TiO CO@@,q
12 2 08 2
38 -
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE 4, SECTION 401(c)
OF THE COMPREHENSIVE ZONING ORDINANut
PERTAINING TO USE REGULATIONS FOR COUNTRY INNS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Article 4, Section 401(c), Conditional uses and structures, of the
C.Z.O. be amended and reordained in part as follows:
(7) Couhtry Ihns;
(8) @74 Drive-in theatres;
(9) (S4 Dwellings, single-family and duplex;
(10) @94 Family care homes, foster homes or group homes;
(11) kl@4 Fraternity and sorority houses, student dormitories and
student centers; provided that the same be located within
a one-mile radius of a college or university;
(12) @114 Golf courses, including par 3, with a minimum area of ten
(10) acres, and miniature golf courses;
(13) @124 Home occupations, including those conducted outside the
principal structures;
(14) kl34 Homes for the aged, disabled or handicapped, including
convalescent or nursing homes; maternity homes; child care
centers, day nurseries, other than those covered as per-
mitted principal uses and structures hereinabove, when not
operated by a public agency;
(15) kl44 Hospitals and sanitariums;
(16) kIS4 Lodges for fraternal organizations;
(17) @164 Marinas, including facilities for storage and repair of boats
and sale of boating supplies and fuel;
(18) @174 Monasteries and convents;
(19) kl84 Museums and art galleries when not operated by a public agency;
(20) kl94 Private schools having academic curriculums similar to public
schools;
(21) k2g4 Public utility transformer stations and major transmission
lines and towers (50,000 volts or more);
l2j2O/82
39 -
(22) @214 Recreation and amusement facilities of an outdoor nature other
than as specified under permitted principal uses and structures,
which may be partially or temporarily enclosed on a seasonal
basis with approval of City Council;
(23) k224 Recreational campgrounds;
(24) @234 Retail sales of garden supplies, equipment, and material, as a
subsidiary use to a plant nursery;
(25) @244 Riding academies, horses for hire or boarding;
(26) @254 Shelter for farm employees;
(27) k264 Storage, offices or maintenance installations for public
utilities;
(28) @274 Television or other broadcasting stations and line-of-sight
relay devices.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
20 day of December 1982.
A;)P
ROVED AS TO C
/2
T
'F,.D
12J2OJ82
-4 0 -
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE 4, SECTION 404
OF THE COMPREHENSIVE ZONING ORDINANCE
PERTAINING TO OFF-STREET PARKING REQUIREMENTS
FOR COUNTRY INNS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Article 4, Section 404, Off-Street Parking Requirements, of the C.Z.O. be
amended and reordained as follows:
404. Off-Street Parking Requirements
Within an AG-1 Agricultural District, the following specified uses shall
comply with the off-street parking requirements designated therefor:
(a) Animal hospital, pound, shelter, commercial kennel: at least
one (1) space per four hundred (400) square feet of floor space,
provided that there shall be no less than four (4) parking spaces;
(b) Botanical and zoological gardens: at least one (1) space per
10,000 square feet of lot area;
(c) Country Inn: At least one (1) space per room provided for lod@ng
Transients;
(d) @e4 Churches: at least one (1) space per five (5) seats or bench
seating in the main auditorium;
(e) kd4 Convalescent or nursing home: at least one (1) space per four
(4) patient beds;
(f) @e4 College or university: at least one (1) space per five (5) seats
in the main auditorium or five (5) spaces per classroom, which-
ever is greater;
(g) kf4 Dwellings: at least two (2) spaces per dwelling unit;
(h) kg4 Fraternity or sorority house, student dormitory: at least one
(1) space per two (2) lodging units or one (1) space per three
(3) occupants, whichever is greater;
(i) @h4 Golf courses: at least five (5) spaces per hole in the main
course;
(i) ki4 Hospital: at least two and one-half (2.5) spaces per patient
bed;
(k) kj4 Lodging units: at least one (1) space for each lodging unit;
12/2Oj82
-4 1-
(1) @k4 Museums and art galleries: not less than ten (10) spaces and
an additional space for each three hundred (300) square feet of
floor area or fraction thereof in excess of 1,000 square feet;
(m) @14 Uses pemissible under conditional use permits shall comply with
the off-street parking requirements specified in the conditional
use permit.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 20
day of December 19 8 2
T"@
1 22 0 8 2
- 4 2 -
ITEM II-G.8 ITEM #19258
Nancy Warren spoke in behalf of her application
The following spoke in opposition:
Attorney William Cox
Herbert Barnes
Betty Hysinger relinquished her time
Upon motion by Councilwoman McClanan, seconded by Councilman Baum,
City Council voted to APPROVE the application of NANCY T. WARREN
for a Conditional Use Permit as per the following:
ORDINANCE UPON APPLICATION OF NANCY T. WARREN R01282509
FOR A CONDITIONAL USE PERMIT FOR A TOURIST
HOME
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
Ordinance upon application of Nancy T. Warren for a
Conditional Use Permit for a tourist home on certain
property located 700 feet more or less Northeast of
London Bridge Road beginning at a point 3900 feet
more or less Northwest of the intersection of London
Bridge Road and Oceana Boulevard, running a distance
of 371.35 feet in a Northwesterly direction, running
a distance of 586.58 feet in a Northeasterly direction,
running a distance of 310.55 feet in a Southeasterly
direction and running a distance of 619.83 feet in a
Southwesterly direction. Said parcel is located at
2380 London Bridge Road and contains 4.72 acres. PRINCESS
ANNE BOROUGH.
As conditions of the use permit, the following are required:
1. Installation o-@ an automatic sprinkler system meeting
the approval of the City Fire Protection Engineer.
This Ordinance shall be effective from date of adoption
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Twentieth day of December, 1982.
4 3 -
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., @layor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, J. Henry McCoy,
Jr., D.D.S., and Meyera E. Oberndorf
Council Members Votin@. Nay:
None
Council Members Absent:
None
- 4 4 -
ITEM II-G.9 ITEM #19259
COUNCILWOMAN CREECH LEFT COUNCIL CHAMBERS
Joe Wharton, Langley and McDonald, represented the applicant and
presented petitions from residents in the area in favor of the
proposed variance.
Upon motion by Councilman Jennings, seconded by Councilman Jones,
City Council voted to uphold the recommendation of the Planning
Commission and APPROVE the application of J. W. PAYNE for a
variance to Section 4.1(m) and 5.5(a) and (b) of the Subdivision
Ordinance as per the following:
Appeal from Decisions of Administrative Officers in regard
to certain elements of the Subdivision Ordinance, Subdivision
for J. W. Payne. Property located on the East side of Duke
of Windsor Road, 250 feet more or less South of Kent Circle.
Plats with more detailed information are available in the
Department of Planning. LYNNHAVEN BOROUGH.
The applicant requests a variance to Sections 4.4(m) and
5.5(a) and (b) of the Subdivision Ordinance, which
requires minimum right-of-way and pavement widths, curb
and gutter and drainage facilities. The applicant is
proposing to provide improvements commensurate with those
in the area.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor Barbara
M. Henley, H. Jack Jennings, Jr., Mayor Louis R.
Jones, Robert G. Jones, W. H. Kitchin, 111, Reba S.
McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech
- 4 5 -
ITEM II-G.10 ITEM #19260
Upon motion by Councilman McCoy, seconded by Vice Mayor Henley,
City Council voted to uphold the recommendation of the Planning
Commission and ADOPT the Ordinances to amend and reordain Sections
1401, 1402, 1403, 1405, 1407, 1408 and 1409 of Title 1, Article 14,
of the Zoning Ordinance of the City of Virginia Beach relating to
Wetlands.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor Barbara
M. Henley, H. Jack Jennings, Jr., Mayor Louis R.
Jones, Robert G. Jones, W. H. Kitchin, 111, Reba S.
McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech
AN ORDINANCE TO AMEND AND REORDAIN
SECTIONS 1401, 1402, 1403, 1405,
1407, 1408 AND 1409 OF TITLE I,
ARTICLE 14, OF THE ZONING ORDINANCE
OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, RELATING TO WETLANDS
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the Code of the City of Virqinia Beach, relating
to Wetlands, Title 1, Article 14, Sections 1401, 1402, 1403,
1405, 1407, 1408 and 1409 are hereby amended and reordained to
read as follows:
Sec. 1401. Definitions.
For the purposes of this ordinance:
(a) "Commission' means the Virginia Marine
Resources Commission.
(b) 'Commissioner" means the Commissioner of
Marine Resources.
(c) 'Person" means any corporation, association,
or partnership, one or more individuals, or
any unit of government or agency thereof.
(d) 'Governmental 'Serviees activity" means any or
all of the services provided by the
Commonwealth or the City of Virginia Beach to
its citizens for the purpose of maintaining
the-eity public facilities and shall include
but shall not be limited to such services as
constructing, repairing and maintaininq roads,
sewage facilities, supplying and treating
water, street lights, and construction of
public buildings.
(e) "Vegetated wetlands" means all that land lying
between and contiguous to mean low water and
an elevation above mean low water equal to the
factor 1.5 times the mean tide range at the
site of the proposed project in the City of
Virginia Beach; and upon which is growing on
Jarticlei July 1, 1972, or grewn grows thereon
subsequent thereto, any one or more of the
following: saltmarsh cordgrass (Spartina
alterniflora), saltmeadow hay (Spartina
patens), saltgrass (Distichlis spicata), black
needlerush (Juncus roemerianus), saltwort
(Salicornia spp.), sea lavender (Limonium
spp.), marsh elder (Iva frutescens), qroundsel
bush (Baccharis halimifolia), wax myrtle
(Myrica sp.), sea oxeye (Borrichia
frutescens), arrow arum (Peltandra virginica),
pickerelweed (Pontederia cordata), big
cordgrass (Spartina cynosuroides), rice
cutgrass (Leersia oryzoides), wildrice
(Zizania aquatica), bulrush (Scirpus validus),
spikerush (Eleocharis sp.), sea rocket (Cakile
ecen4!ttl.a edentula), southern wildrice
(Zizaniopsis miliacea), cattails (Typha spp.),
three-squares (Scirpus spp.), buttonbush
(Cephalanthus occidentalis), bald cypress
(Taxodium distichum), black gum (Nyssa
sylvatica) tupelo (Nyssa aquatica), dock
(Rumex spp.), yellow pond lily (Nuphar opp
sp.), marsh fleabane (Pluchea purpurascens),
royal fern (Osmunda regalis), marsh hibiscus
(Hibiscus moscheutos), beggar's t4:eks tick
(Bidens sp.), smartweeds (Polygonum sp.),
arrowhead (Sagittaria spp.), sweet flag
(Acorus calamus), water hemp (Amaranthus
cannabinus), reed grass (Phragmites communis)
and switch grass (Panicum virgatum).
The vegetated wetlands of Back Bay and its
tributaries and the vegetated wetlands of the
-2-
4@
North Landing River and its tributaries shall
mean all marshes subject to Eegular-er
oeeasienal flooding by normal tides, including
wind tides, provided this shall not include
hurricane or tropical storm tides and upon
which one or more of the following vegetation
species are growing or grows thereon
subsequent to the passage of this amendment:
saltwater saltmarsh cordgrass (Spartina
alterniflora), saltmeadow hay (Spartina
patens), black needlerush (Juncus
roemerianus)., marsh elder (Iva frutescens),
groundsel bush (Baccharis halimifolia), wax
myrtle (Myrica sp.), arrow arum (Peltandra
virqinica), pickerelweed (Pontederia cordata),
biq cordgrass (Spartina cynosuroides), rice
cutorass (Leersia oryzoides), wildrice
(Zizania aquatica), bulrush (Scirpus validus),
spikerush (Eleocharis sp.), cattails (Typha
spp.), three-squares (Scirpus spp.), dock
(Rumex sp.), smartweeds smartweed (Polygonum
sp.), yellow pond lily (Nuphar spp sp.), royal
fern (Osmunda regalis), marsh hibiscus
(Hibiscus moscheutos), beggar's tieks tick
(Bidens sp.), arrowhead (Sagittaria spp sp.),
water hemp (Amaranthus cannabinus), reed grass
(Phragmites communis) and switch grass
(Panicum virgatum).
(f) "Wetlands board" or "Board" means a board
created as provided in SS62.1-13.6 of the Code
of Virginia.
(g) "Back Bay and its tributaries" means the
following as shown on the U.S. Geological
Survey Quadrangle Sheets for Virginia Beacb,
North Bay, and Knotts Island; Back Bay north
of the Virqinia-North Carolina State line;
-3-
Capsies Creek north of the Virginia-North
Carolina State line; Deal Creek; Devil Creek;
Nawney Creek; Redhead Bay, Sand Bay, Shipps
Bay, North Bay, and the waters connecting
them; Beggars Bridge Creek; Muddy Creek;
Ashville Bridge Creek; Hells Point Creek;
Black Gut; and all coves, ponds and natural
waterways adjacent to or connecting with the
above-named bodies of water.
(h) "North Landing River and its tributaries'
means the following as based on United States
Geological Survey Quadrangle Sheets for
Pleasant Ridge, Creeds, and Fentress: the
North Landing River from the Virginia-North
Carolina line to Virginia Highway 165 at North
Landing Bridge; the Chesapeake and Albemarle
Canal from Virginia Highway 165 at North
Landing Bridge to the locks at Great Bridge;
all named and unnamed streams, creeks and
rivers flowing into the North Landing River
and the Chesapeake and Albemarle Canal except
the following: West Neck Creek north of
Indian River Road; Pocaty River west of
Blackwater Road; Blackwater River west of its
forks located at a point approximately 6400
feet due west of the point where the
Blackwater Road crosses the Blackwater River
at the village of Blackwater; Millbank Creek
west of Blackwater Road.
(i) ."Nonvegetated wetlands" means all that land
lying contiguous to mean low water and which
land is between mean low water and mean high
water not otherwise included in the term
.vegetated wetlands" as defined herein and
also includes those unveqetated areas of Back
-4-
Bay and its tributaries and the North Landinq
River and its tributaries subject to flooding.
by normal tides including wind tides but not
including hurricane or tropical storm tides.
(j) "Wetlands" means both vegetated and
nonvegetated wetlands.
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 marsh
wetlands;
(b) The cultivation and harvestinq of shellfish,
and worms for bait;
(c) Noncommercial outdoor recreational activities,
including hiking, boating, trapping, hunting,
fishing, shellfishinq, 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 cultivation and 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, Commission of Game and Inland
-5-
Fisheries and other related conservation
agencies;
(f) The construction or maintenance of aids to
navigation which are authorized by
governmental authority;
(9) Emergency decrees of any duly appointed health
officer of a governmental subdivision acting
to protect the public health;
(h) The normal maintenance, repair or addition to
presently existing roads, highways, railroad
beds, or the facilities of any person, firm,
corporation, utility, federal, State, county,
city or town abutting on or crossing wetlands,
provided that no waterway is altered and no
additional wetlands are covered;
(i) Governmental activity on wetlands owned or
leased by the Commonwealth of Virginia, or a
political subdivision thereof; and
(j) 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.
Sec. 1403. Application for permit.
(a) Any person who desires to use or develop any
wetland within this city, other than for those
activities specified in section 1402 above,
shall first file an application for a permit
with the wetlands board and-shall-send
4not4tute-ef-Marine-Se4ence directlv or
through the Commission.
(b) An application shall include the following:
the name and address of the applicant; a
detailed description of the proposed activity
-6-
and a map, drawn to an appropriate and uniform
scale, showing the area of wetland directly
affected, with the location of the proposed
work thereon, indicating the area of existing
and proposed fill and excavation, especially
the location, width, depth and length of any
proposed channel and the disposal area, all
existing and proposed structures; sewage
collection and treatment facilities, utility
installations, roadways, and other related
appurtenances or facilities, including those
on adjacent uplands, and the type of equipment
to be used and the means of equipment access
to the activity site; the names and addresses
of owners of record of adjacent land and known
claimants of water rights in or adjacent to
the wetland of whom the applicant has notice;
and estimate of cost; the primary purpose of
the project; any secondary purposes of the
project, including further projects; the
public benefit to be derived from the proposed
project; a complete description of measures to
be taken during and after the alteration to
reduce detrimental offsite effects; the
completion date of the proposed work,
project, or structure and such additional
materials and documentation as the wetlands
board may deem necessary.
(c) A nonrefundable processing fee to cover the
cost of processing the application, set by the
applicable governing body with due regard for
the services to be rendered, including the
time, skill, and administrator's expense
involved, shall accompany each application.
-7-
Sec. 1405. Public hearing procedure.
Not later than sixty (60) days after receipt of such
application, the wetlands board shall hold a public hearing on
such application. The applicant, the local governing body, the
Commissioner, the owner of record of any land adjacent to the
wetlands in question, known claimants of water rights in or
adjacent to the wetlands in question, the Virginia Institute of
Marine Science,
affairs7 the Department of Game and Inland Fisheries, Water
Control Board, the Department of Highways and Transportation and
governmental agencies expressing an interest therein shall be
notified by the board of the hearing by mail not less than twenty
(20) days prior to the date set for the hearing. The wetlands
board shall also cause notice of such hearing to be published at
least once a week for two (2) weeks prior to such hearing in the
newspaper having a general circulation in the City of Virginia
Beach. The costs of such publication shall be paid by the
applicant.
Sec. 1407. Bonding requirements.
The board may require a reasonable bond or letter of
credit in an amount and with surety and conditions satisfactory
to it securing to the Commonwealth compliance with the conditions
and limitations set forth in the permit. The board may, after
hearing as provided herein, suspend or revoke a permit if the
board finds that the applicant has failed to comply with any of
the conditions or limitations set forth in the permit or has
exceeded the scope of the work as set forth in the application.
The board after hearing may suspend a permit if the applicant
fails to comply with the terms and conditions set forth in the
application.
Sec. 1408. Review procedure.
(a) In making its decision whether to grant, to
grant in modified form, or to deny an application for a permit
the board shall base its decision on these factors:
(1) Such matters raised through the testimony
of any person in support of or in rebuttal to
the permit application.
-8-
(2) Impact of the development on the public
health and welfare as expressed by the policy
and standards of Chapter 2.1 of Title 62.1 of
the Code of Virginia and any guidelines which
may have been promulgated thereunder by the
commission.
(b) If the board, in applying the standards above,
finds that the anticipated public and private benefit of the
proposed activity exceeds the anticipated public and private
detriment and that the proposed activity would not violate or
tend to violate the purposes and intent of Chapter 2.1 of Title
62.1 of the Code of Virginia and of this ordinance, the board
shall grant the permit, subject to any reasonable condition or
modification designed to minimize the impact of the activity on
the ability of the City of Virginia Beach, to provide
governmental services and on the rights of any other person to
carry out the public policy set forth in Chapter 2.1 of Title
62.1 of the Code of Virginia and in this ordinance. Nothing in
this section shall be construed as affecting the right of any
person to seek compensaton for any injury in fact incurred by him
because of the proposed activity. If the board finds that the
anticipated public and private benefit from the proposed activity
is exceeded by the anticipated public and private detriment or
that the proposed activity would violate er-tenel-te-vielate the
purposes and intent of Chapter 2.1 of Title 62.1 of the Code of
Virginia and of this ordinance, the board shall deny the permit
application with leave to the applicant to resubmit the
application in modified form.
Sec. 1409. Permits.
The permit shall be in writing, signed by the chairman
of the board and notarized. No permit granted by the wetlands
board shall affect in any way the applicable zoning and land use
ordinances of the City of Virginia Beach.
This ordinance shall be in full force and effect on
January 1, 1983.
-9-
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 20 day of December 1982.
DSH/sm
9/1/82
APPROVj4D AS To Cot47ENT
@ K@
SIGNATURE
DEPARTMENT
APP,ROVED AS TO FORMH
SIGNATURt'
CITY ATTORNEY
-10-
- 5 6 -
ITEM II-G.11 ITEM #19261
Attorney Grover C. Wright, Jr., representing developers of hotel on
Eleventh Street, spoke on this matter
Wilson ChaDlain spoke on this matter
Upon motion by Councilwoman McClanan, seconded by Councilman
Heischober, City Council voted to uphold the recommendation
ol@ the Planning Commission and ADOPT the Ordinance to amend
and reordain Article 7, Section 711 (b)(3) of the Comprehensive
Zoning Ordinance pertaining to accessory uses and structures.
Voting: 10 -0
Council Members Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor Barbara
M. Henley-,' H. Jack Jennings, Jr., Mayor Louis R.
Jones, Robert G. Jones, W. H. Kitchin, III, Reba S.
McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creecb
*VICE MAYOR HENLEY VOICED A VERBAL "AYE"
5 7 -
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE 7, SECTION 711 (b)(3) OF
THE COMPREHENSIVE ZONING ORDINANCE
PERTAINING TO ACCESSORY USES AND STRUCTURES
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Article 7, Section 711 (b)(3), ACCessory uses and
structures, of the C.Z.O- is amended and reordained in part to
read as follows-
(b)(3) No entrance or exit to an accessory use shall
be located on the side of the structure
facing the boardwalk, unless such entrance or
exit provide s access to a courtyard or
intervening open area, in which case such
open area shall be fully fenced or walled to
a height of at least four (4) feet and
without any entrances or exits facing the
boardwalk.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 20 day of December 1982.
CMS/da
10/29/82
(misc)
- 5 8 -
ITEM II-G.3/4 ITEM #19262
These items were placed at the end of the Planning Agenda
Attorney Grover C. Wright, represented the applicants
Martha Clukey, President, Wolfsnare Civic League, spoke concerning
this matter.
Upon motion by Councilman Jennings, seconded by Councilman Heischober,
City Council voted to uphold the recommendation of the Planning
Commission and APPROVE the applications of CAVALIER PROPERTIES/
HILLTOP, A LIMITED PARTNERSHIP, and OGM RETIREMENT FACILITIES
for a Change of Zoning District Classification and Conditional Use
Permit, respectively, as per the following:
ORDINANCE UPON APPLICATION OF CAVALIER PROPERTIES/ Z01282690
HILLTOP, A LIMITED PARTNERSHIP FOR A CHANGE OF ZO@4ING
DISTRICT CLASSIFICATION FROM B-2 COMMUNITY-BUSINESS
DISTRICT TO A-2 APARTMENT DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VTRGINIA BEACH,
VIRCTNIA:
Ordinance upon application of Cavalier Properties/Hilltop
a Limited Partnership, for a Cbange of Zoning District
Classification from B-2 Community-Business District to
A-2 Apartment District on certain proderty located on the
West side of First Colonial Road beginning at a point
118 feet more or less South of Wolfsnare Road, running
a distance of 159 feet along the West side of First
Colonial Road, running a distance of 190.32 feet in a
Southwesterly direction, running a distance of 210
feet in a Southeasterly direction, running a distance
of 40 feet in a Southwesterly direction, running a
distance of 386.25 feet in a Southeasterly direction,
running a distance of 660.07 feet along the Southern
property line, running a distance of 749.98 feet along
the Western property line and running a distance of
779.81 feet along the Northern property line. Said
parcel contains 11.6 acres. LYNNHAVEN BOROUGH
As a condition of this request, the following are
required:
1. An emergency access lane tying both parking areas
and apartment buildings together shall be provided.
2. The northern 6 acres of this site is to be limited
to 200-units for the elderly and handicapped.
3. A 15-foot buffer zone and an 8-foot solid fence with
planted screening is to be provided along the
northern and western property lines which adjoin
residential dwellings.
4. Covenant of Restrictions as amended.
5. Tmprovement of existing median cut in the southerly
direction to include a left-turn lane.
- 5 9 -
During further review of the development plans for this
project, the following may be required by the staff:
1. Standard improvements as required by the Site Plan
Ordinance.
2. City water and sewer,
3. No median openings along First Colonial Road.
This Ordinance shall be effective from date of adoption
Adopted by the Council of the City of Virginia Beach,
Virginia, on tbe Twentieth day of December, 1982.
- 6 0 -
ORDINANCE UPON APPLICATION OF OGM RETIREMENT R01282510
FACILITIES FOR A CONDITIONAL USE PERMIT FOR
A HOME FOR THE AGED
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
Ordinance upon application of OGM Retirement Facilities
for a Conditional Use Permit for a home for the aged on
certain property located on the West side of First
Colonial Road beginning at a point 118 feet more or
less South of Wolfsnare Road, running a distance of 159
feet along the West side of First Colonial Road, running
a distance of 190.32 feet in a Southwesterly direction,
running a distance of 210 feet in a Southeasterly direction,
running a distance of 40 feet in a Southwesterly direction,
running a distance of 386.25 feet in a Southeasterly
direction, running a distance of 660.07 feet along the
Southern property line, running a distance of 749.98 feet
along the Western property line and running a distance of
779.81 feet along the Northern property line. Said parcel
contains 11.6 acres. LYNNHAVEN BOROUGH.
As conditions of the use permit, the following are required:
1. The notthern 6-acres of this site is to be limited to a
total of 200-units for the elderly and handicapped.
2. Approval by action of City Council will be necessary
for any use of this 6-acre parcel other than for a
home for the a.@ed and handicapped.
3. A 15-foot buffer zone and an 8-foot solid fence with
planted screening is to be provided along the northern
and western property lines which adjoin residential
dwellings.
4. An emergency access line tying both parking areas and
apartment buildings together shall be provided.
5. Installation of an automatic sprinkler and automatic
fire alarm system meeting the approval of the City
Fire Protection Engineer.
During further review of the development plans for this
project, the following may be required by the staff:
1. City water and sewer.
2. No median openings are to be permitted along First
Colonial Road.
3. Amended Covenant of Restrictions.
This Ordinance shall be effective from date of adoption
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Twentieth day of December, 1982.
-6 1 -
Voting: 10 -0
Council Members Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor Barbara
M. Henley, H. Jack Jennings, Jrt, Mayor Louis R.
Jones, Robert G. Jones, W. H. Kitchin, III, Reba S.
McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech
*COUNCILMAN JENNINGS VOTCED A VERBAL "AYE"
-6 2-
ORIGINAL AGREEMENT
CAVALIER PROPERTIES/HILLTOP, et al.
OGM RETIREMENT FACILTTIES, et-al.-
TO (COVENANTS AND CONDITIONS
CITY OF VIRGINIA BEACH
THIS AGREEMENT, made this 10th day of December,
1982, by and between CAVALIER PROPERTIES/HILLTOP, a Virginia
limited partnership, Cavalier, and OGM RETIREMENT
FACILITIES, a Virginia general partnership, OGM, both
sometimes called, as their interests appear, 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, OGM, as contract purchaser, with
Cavalier's consent, initiated an application by petition
addressed to the Grantee for a conditional use permit for a
home for the aged on certain property containing 6 acres,
more or less, (herein sometimes called OGM's property, the
OGM property, or the OGM parcel, the same being th6 northern
6 acres of the property) and Cavalier initiated an amendment
to the Zoning Map of the City of Virginia Beach, Virginia,
by petition addressed to the Grantee, so as to change the
classification of a portion of Cavalier's property
(including OGM's property) from B-2 Conimunity Business
District to A-2 Apartment District on certain property
containing 11.6 acres, more or less, in Lynnhaven Borough,
in the City of Virginia Beach, Virginia, (said total 11.6
acres called herein sometimes "the property") located on the
west side of First Colonial Road beginning at a point 118
feet, more or less, south of Wolfsnare Road, running a
distance of 159 feet, more or less, along the west side of
First Colonial Road, running a distance of 192.32 fee, more
or less, in a southwesterly direction, running a distance of
210 feet, more or less, in a southeasterly direction,
running a distance of 40 feet, @ore or less, in a
GROVER C. WRIGHT. JR.
6 3 -
southwesterly direction, running a distance of 386.25 feet,
more or less, in a southeasterly direction, running a
distance of 660.07 feet, more or less, along the southern
property line, running a distance of 749.98 feet, more or
less, along the western property line, and running a
distance of 779.81 feet, more or less, along the northern
property line, said property being more particularly
described on the plat attached hereto made by Talbot &
Associates, Ltd.i hereinafter called the Plat; and
WHEREAS, upon completion of the said rezoning and
the granting of the said conditional use permit, Cavalier
shall retain for development and/or sale for development the
southern 5.6 acres of the property (herein sometimes called
Cavalier's property, the Cavalier property, or the Cavalier
parcel) and OGM shall purchase from Cavalier and develop the
northern 6 acres of the property (herein sometimes called
OGM's property, the OGM property, or the OGM parcel); and
WHEREAS, the Grantee's policy is to provide only
for the orderly development of land, for various purposes,
including residental housing for the aged and multiple
family residential dwellings, through zoning and other land
development legislation; and
WHEREAS, the Grantor acknowledges that the
competing and sometimes incompatible densities of various
types of residential uses conflict and that in order to
permit differing types of dwelling units 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
dwelling units, including both housing for the aged and
multiple family dwellings, certain reasonable conditions
governing the use of the property for the protection of the
community that are not generally applicable to land
similarly zoned A-2 are needed to cope with the situation
which the rezoning application and the Grantor's potential
development gives rise to; and
2
6 4 -
WHEREAS, the Grantor @as 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 and as a part of the conditions of the
conditional use permit, in addition to the regulations
provided for the A-2 zoning district or zone by the existing
overall Zoning Ordinance, the following reasonable
conditions related to the physical development.and operation
of the OGM property and the Cavalier property, to be adopted
as a part of said amendment to the new Zoning.Map and as a
part of the conditional use permit relative to the property
described above, which have a reasonable relation to the
rezoning use and development, and the need for which is
generated by the rezoning and by the Grantor's potential use
and development on their respective parcels, namely the OGM
property by OGM and the Cavalier property by Cavalier; and
WHEREAS, the conditions having been proffered by
the Grantor and allowed and accepted by the Grantee as part
of the amendment to the Zoning Ordinance and as a part of
the use permit and having been accepted by the Grantor, as
their interests appear, such conditions shall continue in
full force and effect until a subsequent amendment changes
the zoning on the property covered by such conditions;
provided, however, that such conditions shall continue
despite a subsequent amendment if the subsequent amendment
is part of a comprehensive implementation of a new or
substantially revised Zoning Ordinance, unless,
notwithstanding the foregoing, these conditions are amended
or varied by written instrument recorded in the Clerk's
Office of the Circuit Court of the City of Virginia Beach,
virginia, and executed by the record owner of the subject
property at the time of recordation of such instrument;
provided, further, that said instrument is consented to by
the Grantee in writing as evidenced by a certified copy of
an ordinance or a resolution adopted by the governing body
3
6 5 -
of the Grantee, after a public hearing before the 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 itself, its
successors, assigns, grantees, and other successors in title
or interest, voluntarily and without any requirement by or
exaction from the Grantee or its governing body and without
any element of compulsion or quid pro quo for zoning, use
permit, rezoning, site plan, building perm.it, 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 successors, personal representatives, assigns,
grantees and other successors in interest or title, namely:
The rnaximum density rating for dwellings on the
Cavalier property shall be eighteen (18) dwelling units per
acre (not to exceed 100 dwelling units), and the maximum
density rating for housing for the elderly on the OGM parcel
shall be thirty-four (34) elderly housing units per acre
(not to exceed 200 units), (it being understood that this
high density rating is allowed and controlled by use permit
restrictions on the OGM property which is restricted to
nonsubsidized housing units for the elderly, handicapped and
disabled only and no other use may be permitted except by
resolution or ordinance adopted by the governing body of the
Grantee after properly advertised public hearing); the
development, building, site and subdivision plats and plans
for both the OGM and the Cavalier parcel shall he reviewed
by the City Staff and the following may be required:
4
6 6 -
standard improvements a@ required by the Site Plan and
Subdivision Ordinances; City water and sewer; special fire
standards and requirements for the OGM parcel, including
installation of an automatic sprinkler and automatic fire
alarm system meeting the approval of the City fire
protection engineer; an emergency access lane shall be
provided on the property to tie both the OGM property and
the Cavalier property together, including the parking lot
and buildings; one median opening shall be required on First
Colonial Road at the time of site plan review and the
Grantor may be responsible for one-half (1/2) of the full
cost of a three (3) phase traffic signal at the entrance to
the site if signalization is required by the City staff, and
the Grantor shall be responsible for a median opening and a
left-turn lane, if required by the City staff; on-site
retention of storm water may be required by the City staff;
OGM and CAVALIER each shall pay its pro rata share of the
cost of providing reasonable and necessary drainage
facil-*Ities, including such facilities located outside the
property limits of the land owned or controlled by it but
necessitated or required, at least in part, by the
construction or improvement of its development pursuant to a
general drainage improvement program established by the City
for the area having related and common drainage conditions
and within which the land owned or controlled by the Grantor
is located; the City shall determine the proportionate share
of total estimated costs of ultimate drainage facilities
required adequately to serve the related and common area,
when and if fully developed in accord with the adopted
Comprehensive Plan, that shall be borne by each subdivider
or developer within the area, including the Grantor; such
share shall be limited to the proportion such total
estimated costs which the increased volume and velocity of
storm water runoff to be actually caused by his subdivision
or development bears to total estimated volume and velocity
5
6 7 -
of such storm water runoff from such area in its fully
developed state; each such payment received shall be
expended o@ly for the construction of those facilities for
which the payment was required and until so expended shall
be held in an interest bearing account for the benefit of
the subdivider or developer; provided, however, that in lieu
of such payment there may be posted a bond with corporate
surety, a bank letter of credit, or cash escrow to guarantee
performance satisfactory to the City conditioned on payment
at commencement of the construction of those facilities; a
251 buffer' strip landscaped with trees and shrubbery shaii
be provided along that part of the northern and western
property lines of the OGM parcel which adjoins single family
residential uses (presently 7 lots and approximately 620
feet, more or less), and a wooden privacy fence shall be
provided along and within such.strip 5' inside OGM's
property line with the landscaping with trees and shrubbery
to be provided on both sides of the fence; access to both
the OGM parcel and the Cavalier parcel shall be limited to
First Colonial Road and there shall be no access along
Wolfsnare Road; the dwelling units on the Cavalier parcel
shall be compatible with the residential structures in the
area in terms of @uality of construction and the principal
materials to be used and shall be of masonry or cedar or
al=inum siding or painted wood exterior; the dwelling units
on the Cavalier parcel shall contain no less than 1100
square feet; the dwelling units on the Cavalier parcel shall
be for sale by Cavalier and not for rental; the color of the
exterior of each dwelling unit on the Cavalier parcel shall
be approved and controlled by an architectural control
administrator appointed by Cavalier so long as Cavalier owns
a dwelling unit on the Cavalier parcel and thereafter
appointed by the First Colonial Civic League, Inc., the role
of such administrator to be to insure that such color shall
be neutral and unobtrusive, such as beige, cream, earth
6
-6 8-
tones, pastels, or white, and to grant or withhold such
approval in the interest of neighborhood compatibility.
ill references here@inabove to the A-2 district and
to the requirements and regulations applicable thereto refer
to the Comprehensive Zoning Ordinance of the City of
Virginia Beach, virginia, in force as of December 10, 1982,
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 bqdy of the City of Virginia Beach,
Virginia, to administer and enforce the foregoi'ng
conditions, including (i) the ordering in writing of the
remedying of any noncompliance with such conditions, and
(ii) the bringing of legal action or suit to insure
compliance with such conditions, including mandatory or
prohibitory injunction, abatement, damages or other
appropriate action, suit or proceeding; (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, the Grantor shall petition to the governing body
for the review thereof prior to instituting proceedings in
court; and (4) the Zoning Map may show by an appropriate
symbol on the map the existence of conditions attaching to
the zoning of the subject property on the map and that the
ordinance and the conditions may be itade readily available
and accessible for public inspection in the office of the
Zoning Administrator and in the Planning Department and that
they may be recorded in the Clerk's Office of the Circuit
Court of the City of Virginia Beach, Virginia, and indexed
in the name of the Grantor and Grantee.
7
6 9 -
WITNESS the following signatures.
CAVALIER PROPERTIES/HILLTOP
By
Samuel Scott, General ParEn@
OGM RETIREMENT FACILITIES
By
wilbur L. McCallum, General
Partner
STATE OF VIRGINIA,
CITY OF VIRGINIA BEACH, to-wit:
I, a Notary Public in and
for the state of Virginia at large, do hereby-certify that
Samuel Scott and Wilbur L. McCallum, whose names as General
Partners, respectively, of Cavalier Properties/Hilltop and
OGM Retirement Facilities are signed on behalf of the
Grantor to the foregoing instrument, bearing date on the
10th day of December, 1982, have and each has acknowledged
the sarfte before rne in the city and state aforesaid.
Given under my hand this day of December,
1982.
Notary Public
My commission expires
8
AM NT
OGM RETIREMENT FACILITI
s
TO '@(COVENANTS AND COND ION
CITY OF VIRGINIA BEACH
GREEMI this 10th day of December,
198 een CAVALIER PROPERTIES/HILLTOP, a Virginia
limitea partnership, Cavalier, ana OGM RETIREMENT
FACILITIES, a Virginia general partnership, OGM, both
sometimes called, as their interests appear, Grantor, of the
one part,'and CITY OF VIRGINIA BHACH, @unicipal
corp6rati6n,@C)f@the Commonwealth 6f Virginia, Grantee, of
*@he other art
p
SSETH THAT:
WHER, contract purchaser, with
Cavalier's consent, initiated an application by petition
addressed to the Grantee for a conditional use permit for a
home for the aged on certain property containing'6 acres,
more or less, (herein sometimes ca.iled OGM's property, the
OGM property, or the OGM parcel, the same being th6 northern
6 acres of the property) and Cavalier init iated an amendment
to the Zoning Map of the City of Vir4i Virginia,
nia Beach,
by petition addressed to the Grantee, so as to change the
classification of a portion@of Cavalier's property
(including OGM's property) from B-2 Co=unity Business
District to A-2 Apartment District on certain property
containing 11.6 acres, more 6r les S, in Lynnhaven Borough,
c
in the City)fVirginia Beach, virginia,@(said total 11.6
acres called herein sometimes "the property") located on the
west side of First Colonial Road beginning at a point 118
feet, more or less, south of Wolfsnare Road, running a
distance of 159 feet, more or less, along the west side of
First Colonial-Road, running a distance of 192..32 fee, more
or less, in a southwesterly direction, running a distance of
210 feet, more or less, in a southeasterly direction,
running a distance of 40 feet, more or less, in a
GROVER C. WRIGHT. JR.
a south a@ 11 ir, c I t n(
the
ee@
lin6 ni
re or le@ss
he nort ern
prop6rty line, said property being rhore particularly
:,@described on the plat attached hereto made by Talbot
Associates,'Ltd. her in
e after called the Plat; and
REAS, upon completion of 0
of-the'said 6&nditional
a
0
@5. 6
erri ii -sometime
1) 'and OGM shall purchase from Cavalier and d
evelop the
ern 6'acres of the property (herein sometimes called
0
GM's property, the OGM property, or the OGM parcel); and
z,,WHEREAS, the Grantee's po cy is to provide only
for the orderly development of land, for various purposes,
udin4 i@sidental housing for.the aged and multiple
ly-residential awellings,@through zoriing and other land
lopment@legislation; and
!WHEREAS, the Grantor acknowledges that the
etind @@n ometim6s@inc6mpatibl6@deh@ities.of various:@
types bf,residential uses conflict@@ and that in order to
ring r-ypes o 6w6iii in@t@. area.-.
e erty and at t orecognize
-@and the n us t pes of
the effects of change, y
@dwelling units, including both housing for the aged and
multiple family dwellings, certain reasonable conditions
governing the use of the property for the protection of the
community that are not generally applicable to land
similarly zoned'A-2 a're needed to cope with the situation
.',@-.which the rezoning application and the Grantor's potential
giV
clevelopment es rise to; 'and
WHEREAS, the Grantor has voluntarily proffered in
writ.ing, in advance of and prior to the public hearing
before the Grantee, asapart of the proposed amendment to
the Zoning Map and as a part of the conditions of the
conditional use permit, in addition to the regulations
provided for the A-2 zoning @istrict or zone by the existing
overall Zoning Ordinance, the following reasonable
conditions related to the physical development.and operation
of the OGM property and the Cavalier property, to be adopted
as a part of said amendment to the new Zoning Map and as a
part of the conditional use permit relativ e to the property
described above, whi.Ch have areasonable kelation to the
rezoning use and development, and the need for which is
generated by the rezoning and by the Grantor's potential use
and development on their respective parcels, namely the OGM
property by OGM and the Cavalier property by Cavalier; and
WHEREAS, the conditions having been proffered by
the Grantor and allowed and accep@ed by the Grantee as part
of the amendment to the Zoning Ordinance and as a part of
the use permit and having been accepted by the Grantor, as
their interests appear, such conditions shall continue in
full force and effect until a subsequent amendment changes
the zoning on the property covered by such conditions;
provided, however, that such conditions shall continue
despite a subsequent amendment if the subsequent amendment
is part of a comprehensive implementation of a new or
substantially revised Zoning Ordinance, unless,
notwithstanding the foregoing, these conditions are amended
or varied by written instrument recorded in the Clerk's
office of the Circuit Court of the City of Virginia Beach,
virginia, and executed by the record owner of the subject
property at the time of recordation of such instrument;
provided, further, that said instrument is consented to by
.the Grantee in writing as evidenced by a certified copy of
an ordinance or a resolution adopted by the governing body
3
-'7 3
of.the Grantee, after a public hearing before the Grantee'
advertised pursuant to the provisions of C6de of Virginia,
Section 15.1-431, which said ordinance or resolution shall
be recorded along with said instrument as conclusive
evidence of such consent;
NOW, THEREFORE, the Grantor, for itself, its
successors, assigns, grantees, and other successors in title
or interest, voluntarily and without any requirement by or
exaction from the Grantee or its governing body and without
any element of compulsion or quid pro cjuo for zoning, use
permit, 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 cohstitute 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 successors, personal representatives, assigns,
grantees and other successors in interest or title, namely:
The maximum density rating for dwellings on the
Cavalier property shall be eighteen (18) dwelling units per
acre (not to exceed 100 dwelling units), and the maximum
density rating for housing for the elderly on the OGM parcel
shall be thirty-four (34) elderly housing units per acre
-(not to exceed 200 units), (it being understood that thi@
high density rating is allowed and controlled by use permit
restrictions on the OGM property which is restricted to
nonsubsidized housing units for the elderly, handicapped and
disabled only and no other use may be permitted except by
resolution or ordinance adopted by the governing body of the
Grantee after properly advertised public hearing); the
development, building, site and subdivision plats and plahs
for both the OGM and the Cavalier parcel shall be reviewed
by the City Staff and the following may be required:
4
@74-
standard improvements a's required by the Site Plan and v-
Subdivision Ordinances; City water and sewer; special fire
standards and requirements for the OGM parcel, including
installation of an automatic sprinkler and automatic fire
alarm system meeting the approval of the City fire
protection engineer; an emergence@ S.I@a.,2 shall be
provided on the property to tie both the OGM property and
the Cavalier propert3f5@ogether, including the parking lot
and buildings; one median opening shall be required on First
Colonial Road at the time of site plan review'and t)ae
@Grantor ina be responsible for one-half@ -he'full
y (1/2) of t
co.st of a three (3) phase traffic signal at the entrance to
the site if signalization is required by the City staff, and
the Grantor shall be responsible for a median opening and a
left-turn lane, if required by the City staff; on-site
retention of storm water may be required by the City staff;
OGM and CAVALIER each shall pay its pro rata share of the
st of providing reasonable and necessary drainage
co
facil-*@ties, including such facilities located outtide the
property limits of the land owned or controlled by it but
necessitated or required, at least in part, by the
construction or improvement of its development pursuant to a
general drainage improvement program established by the City
for the area having related and common drainage conditions
and within which the land owned or controlled by the Grantor
is located; the City shall determine the proportionate share
of total estimated costs of ultimate drainage facilities
required adequately to serve the related and coimnon area,
when and if fully developed in accord with the adopted
Comprehensive Plan, that shall be borne by each subdivider
or developer within the area, including the Grantor; such
share shall be limited to the proportion such total
estimated costs which the increased volume and velocity of
storm.water runoff to be actually caused by his subdivision
or development bears to total estimated volume and velocity
5
of such storm water runoff from such area in its fully
developed state; each such payinent received shall be
expended o@1Y.Ifor the con'struc.tion of those'facilities for
which the payment was required and until-so- expended shall
.be held in an interest bearing account for the benefit of
the subdivider or developer; provided, however, that in lieu
of such payment there may be posted a bond with corporate
surety, abank letter of credit, or cash escrow to guarantee
performance satisfactory to the City conditioned on payment
at-commencement of the construction of those facilities;-@a;@..
'25@-@u e rip landscaped with trees and shrubbery shall-
f
be 'd 0
provi long:that part of the n rthern and western
property lines of the OGM parcel which adjoins single family
residential-uses (presently7 lots @and approximately 620
feet, rnore or less), and @'wooden privacy fence shall be
provided along and within such.strip 51 inside OGMIS
property line with the landscapina with trees and shrubbery
to be provideY'@on both sides of t@e fence; access to both
the OGM parcel and the Cavalier parcel shall be 11 mited to
First Colonial Road and there shall be no access along
Wolfsnare Road; the dwelling units on the Cavalier parcel
shall be compatible with the residential structures in the
area in terms of quality of construction and the principal
materials to be used and shall be of masonry or cedar or
aluminum siding or painted wood exterior; the dwelling units
on the Cavalier parcel shall contain no less than 1100
square feet; the dwelling units on the Cavalier parcel shall
be for sale by Cavalier and not for rental; the color of the
exterior of each dwelling unit on the Cavalier parcel shall
be approved and controlled by an architectural control
administrator appointed by Cavalier so long as Cavalier owns
a dwelling unit on the Cavalier parcel and thereafter
y@e l@4)@
appointed by thev",@r-f@l-. c@eague-r-Inc. , the role
of such administrator to be to insure that such color shall
he neutral and unobtrusive, such as beige, cream, earth
6
tones, pastels, or white, and to grant or withhold such
approval in the interest of neighborhood compatibility.
All references hereinabove to the A-2 district and
to the requirements and regulations applicable thereto refer
to the Comprehensive Zoning Ordinance of the City of
Virginia Beach, Virginia, in force as of December 10, 1982,
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 CityIof Virginia Beach,
Virginia,'to administer and enforceIthe foregol'ng
conditions, including (i) the'ordering in writing of the
remedying of any noncompliance with such conditions, and
(ii) the bringing of legal -action or suit to insure
compliance with such conditions, including mandatory or
prohibitory injunction, abatement, damages or other
appropriate action, suit or procee-ding; (2) the failure to
meet all conditions shall constitute cause to deny the
issuance of any of the required building or occupancy
permits as rnay be appropriate; (3) if aggrieved by any
decision of the Zoning Administrator made pursuant to the
provisions, the Grantor shall petition to the governing body
for the review thereof prior to instituting proceedings in
court; and (4) the Zoning Map may show by an appropriate
symbol on the map the existence of conditions attaching to
the zoning of the subject property on th@ map and that the
ordinance and the conditions may be rnade readily available
and accessible for public inspection in the office of the
zoning Administrator and in the Planning Department and that
they may be recorded in the Clerk's office of the Circuit
Court of the City of Virginia Beach, virginia, and indexed
in the name of the Grantor and Grantee.
7
WITNESS the following signatures.
CAVALIER PROPERTIES/HILLTOP
By
Samuel Scott, Genera Partner
OGM RETIREMENT FACILITIES
By
Wilbur L. McCal
Partner
STAtE OF VIRGINIA,
CITY OF VIRGINIA BEACH, to-wit:
1, a Notary Public in and
for the state of Virgi
la at large, do hereby.certify that
Samuel Scott and Wilbur L. McCallum, whose names as General
Partners, respectively, of Cavalier Properties/Hilltop and
OGM Retirement Facilities are signed on behalf 6f the
Grantor to the foregoing instrument, bearing date on the
10th day of December, 1982, have and each has acknowledged
the same before me in the city and state aforesaid.
Given under my hand this day of December,
1982.
My commission expires
I
1 8
- 7 8 -
ITEM II-H.1/4 ITEM #19263
Consideration of appointments to the COMMUNITY CORRECTIONS RESOURCE
BOARD and the OLD INCINERATOR SITE COMMITTEE will be rescheduled to
a future Council Meeting.
U N F I N T S H E D B U S I N E S S
ITEM II-T.1 TTEM #19264
Bruce B. blills, Chairman, Electoral Board, advised the Virginia
Electoral Board has voted in favor of the electronic voting machines.
Shelby Thomas, Computer Election Systems, spoke on this matter
Upon motion by Councilman Jennings, seconded by Councilwoman Oberndorf,
City Council voted to APPROVE the contract between the City of Virginia
Beach and Computer Election Systems for electronic voting machines;
however, the contract will not be effective until Computer Election
Systems disposes of the Cit@s used machines for $40,000 NET within
twelve (12) months for the benefit of the City of Virginia Beach.
Voting: 9-1
Council Members Voting Aye:
John A. Baum, Harold Heischober, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, J. Henry McCoy,
Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
Vice Mayor Barbara M. Henley
Council Members Absent:
Nancy A. Creech
- 7 9 -
N E W B U S I N E S S
ITEM II-J.1 ITEM #19265
Due to a death in her family, Dr. Jessie W. Lawrence will be
rescheduled for a future Council Meeting.
ITEM II-J.2 ITEM #19266
Wilson Cbaplain spoke before Council concerned with the removal
of trash collection in mobile home parks and requested Council
reconsider this.
ITEM II-J.3 ITEM #19267
Upon motion by Vice Mayor Henley, seconded by Councilman Jones,
City Council voted to EXPEDITE the following planning items to
be heard by the Planning Commission January 11, 1983, and by
City Council January 17, 1983.
Charles R. Capps for a Conditional Use Permit
for a single-family dwelling in the AG-1
Agricultural District. PUNGO BOROUGH
Cavalier Hotel Corporation for a Change of
Zoning from H-2 Resort-Hotel District to
0-1 Office District. VIRGINIA BEACH BOROUGH
- 80 -
Voting: 10 -0
Council Members Voting Aye:*
John A. Baum, Harold Heischober, Vice Mayor Barbara
M. Henley, H. Jack Jennings, Jr., Mayor Louis R.
Jones, Robert G. Jones, W. H. Kitchin, III, Reba S.
McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech
*VERBAL ROLL CALL OF COUNCIL
- 8 1 -
ITEM #19268
Upon motion by Councilman Baum, seconded by Councilman McCoy, City
Council voted to reconsider the motion to award the electronic
voting machines contract to Computer Electric Systems.
Voting: 10 -0
Council Members Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor Barbara
M. Henley, U. Jack Jennings, Jr., Mayor Louis R.
Jones, Robert G. Jones, W. H. Kitchin, III, Reba S.
McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech
- 8 2 -
ITEM #19269
Upon motion by Councilman Jennings, seconded by Councilman Heischober,
City Council voted to ACCEPT the proposal from the City Manager
regarding the purchase of electronic voting machines, from
Computer Electric Systems, with a delivery date of March 31, 1983,
and payment within thirty (30) days thereafter, with a condition
that Computer Election Systems is guaranteeing the City of Virginia
Beach a NET of $40,000 or 90% of the GROSS SALES, whichever is higher,
for the City's used voting machines, within twenty-four (24) months.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor Barbara
M. Henley, H. Jack Jennings, Jr., Mayor Louis R.
Jones, Robert G. Jones, W. H. Kitchin, iil, Reba S.
McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech
- 8 3 -
A D J 0 U R N M E N T
ITEM II-K.1 ITEM #19270
Upon motion by Councilwoman Oberndorf, City Council adjourned at
5:35 p.m.
Diane M. Hickman, Deputy City Clerk
Rluth Hodge's Smith, CMC Ma, ones
City Clerk
City of Virginia Beach,
Virginia
20 December 1982
dmh/etd