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AUGUST 20, 1984 MINUTESCity of Virginia Beach CITY COUNCIL MA YOR HAROLD HEISCHOBER, At Large VICE-MA YOR REBA S McCLANAN, Prrncess Anne Borough JOHN ABA UM, Biackwate~' Borough NANCY A CREECH, At La~'ge ROBERT E FEN'KRESS, V~vgtma Beach Borough BARBARA M HENLEY, Pungo Borough H JACK J'ENNINGS, JR, L~pmha~en Borough ~.,j~OUIS R JONES, Ba~sgie Borough OBERT G JONES, At Lavge HENRY McCOY, JR, Kempsvtile Borough fEY'ERA E OBERNDORF, At La¢ge 'UTH HODGES SMITH, CMC, C~t~i Clerk "WORLD'S LARGEST RESORT CITY" CITY COUNCIL AGENDA ~81 CITY HALL BUILDING MUNICIPAL CENTER VIRGINIA BEA CH, VIRGINIA 9.3456-900~ [804] 4~? August 20, 1984 Virginia Beach City Council ITEM I. MEETING OF VIRGINIA BEACH CITY COUNCIL - Conference Room - 1:00 p.m. A. CALL TO ORDER - Mayor Harold Heischober B. ROLL CALL OF COUNCIL C. MOTION TO RECESS INTO EXECUTIVE SESSION ITEM II. REGULAR SESSION OF VIRGINIA BEACH CITY COUNCIL - Council Chambers - 2:00 p.m. A. INVOCATION: Reverend Sidney Nelson Saint Timothy Lutheran Church B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA C. ELECTRONIC ROLL CALL OF COUNCIL De MINUTES OF PREVIOUS MEETING 1. Motion to accept/approve the Minutes of August 13, 1984. II. E. Review of Consent Agenda F. DISCUSSION OF PERTINENT HATTERS - Mayor/Council G · PLANNING 1. FINAL CLOSURE: Ordinance closing, vacating and discontinuing portions of Woodland Street and the Wagon Road, application of Colcon Development Company, Inc. (Kempsville Borough). a. Letter from the City Manager transmits the recommendation that Council give final approval to this closure. 2. Application of Three Y's, Inc. t/a B & W Tire and Automotive Center, for a conditional use permit for the sale and mounting of tires, batteries, and accessories and engine tune-up} on a 22,500-square foot parcel located on the south side of Northampton Boulevard, east of Baker Road (Bayside Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. 3. Application of the Trustees of Beth Nessiah Synagogue, for a Conditional Use Permit for a church/synagogue building, on a lO.8-acre parcel located on the north side of Holland Road, west of Delft Drive (Princess Anne Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. 4. Application of R. Wayne Rusbuldt and Ruth Anne Rusbuldt for a Conditional Use Permit for a 280-foot communications tower, on a 4.47-acre parcel located along the west side of Rusbuldt Lane, southwest of Salem Road (Princess Anne Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. 5. Application of Angelita A. Lim and Assigns for a Conditional Use Permit for a home for the elderly, on a 7.5-acre parcel located at the southwest intersection of Shipps Corner Road and London Bridge Road (Princess Anne Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for denial. 6. Application of Robert Herman and Herman, Inc. for a change of zoning from B-5 Resort-Commercial District to H-2 Resort Hotel District on a 1.03-acre parcel located at the southeast corner of Atlantic Avenue and 2nd Street (Lynnhaven Borough). This matter was deferred for one week on August 13, 1984. a. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. II.G. 7. Application of Isaac T. Gray and William L. Freed for a chan~e of zoning from R-7 Residential District to A-2 Apartment District on two parcels located at 805 and 806 Baltic Avenue, consisting of 30,000 square feet (Virginia Beach Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. 8. Application of Narc E. HcCorkel t/a Narc'smen Contractors, Inc. for a chan~e of zonin~ from O-1 Office District to I-~. Light Industrial District on a 1.9-acre parcel located on the north side of Burton Station Road, west of Northampton Boulevard (Bayside Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for denial. 9. Application of Ronald L. and Holly Hall for a Chan~e of Zonin~ from R-3 Residential District to B-2 Community Business District, on a 1.29-acre parcel located along the north side of Princess Anne Road, west of Oceana Boulevard (Princess Anne Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for denial. 10. Application of Shorewood Associates for chan~es of zonin~ on the south side of Old Dam Neck Road, east of Oceana Boulevard (Princess Anne Borough): From AG-1 A~ricultural District to R-8 Residential District on a 50.1-acre parcel; AND, From AG-2 Agricultural District to R-8 Residential District on a 25.6-acre parcel. a. Letter from the City Manager transmits the recommendation of the Planning Commission for denial of these requests. 11. Comprehensive Zonin~ Ordinance amendments pertaining to height requirements: Amend and Reordain Article 5, Section 503, pertaining to height regulations in residential areas; AND, Amend and Reordain Article 5, Section 582(e), pertaining to height regulations; AND, Amend and Reordain Article 5, by Additng Section 574, pertaining to height regulations; AND, Amend and Reordain Article 6, Section 603, pertain to height regulations for apartments. a. Letter from the City Manager transmits the recommendation of the Planning Commtssion for denial of these amendments. II.H. RESOLUTIONS/ORDINANCES: 1. Industrial Development Revenue Bonds: a. Resolution encouraging and inviting Portsmouth Redevelopment and Housing Authority to issue Housing Revenue Bonds for the benefit of K, L & S Associates ($ 3,000,000 ). 2. Resolution approving and authorizing and directing the City Manager to execute a certain contract dated August 20, 1984, for consultant services on the Lake Gaston Project with C. E. Maguire, Inc. 3. Ordinance to A~end and Reordain Sections 5-87, 5-90, 5-91, 5-92, and 5-94 of the Code of the City of Virginia Beach, Virginia pertaining to Rabies Control. I. CONSENT AGENDA Ail matters listed under the Consent Agenda are considered in the ordinary course of business by City Council and will be enacted by one motion in the form listed. If an item is removed from the Consent Agenda, it will be discussed and voted upon separately. 1. Resolution authorizing the enlargement of the nonconforming structure located 756 Sandbridge Road (property of Henry Joseph Beaudette, Et Ux). 2. Resolution authorizing the replacement of the nonconforming mobile home located at 1986 Mill Landing Road (property of Howard Salmons, Et Ux). 3. Ordinance to Transfer funds from the General Fund Reserve for Contingencies to the Police Department for reimbursement of legal expenses incurred by a police officer in the performance of his duties: a. $ 948.00 Officer Charles D. Osborn b. $6,000.00 Officer William D. Barnette 4. Ordinance, on SECOND READING, to transfer or increase Fiscal Year 1983-1984 appropriations within various departments. 5. Ordinance, on SECOND READING, to accept and appropriate funds of $24,000 from R. G. Moore Building Corporation to Project #4-809 Rosemont Forest Park. 6. Ordinance, on SECOND READING, to allocate additional positions and provide accompanying appropriation of $112,163 with a transfer from the General Fund Reserve for Contingencies of $35,232 to the City Jail Treatment Budget. 7. Ordinance, on First Reading, to accept a grant totaling $13,977.00 from the Department of Criminal Justice Services and to Appropriate these funds. 8. Ordinance authorizing and directing the City Manager to execute a cost participation agreement with Turn Key Development, Inc. and Public Storage, Inc. for storm drainage off Holland Road. 9. Ordinance to authorize a temporary encroachment into a portion of the right-of-way of North Birdneck Road and Blue Bird Drive, to Gleneagle Associates, its assigns and Successors in title. II.I. 10. Raffle Permit: Princess Anne Plaza Garden Club 11. Request of the City Treasurer for tax refunds in the amount of $1,125.68. 12. Request of Commissioner of Revenue for license refunds in the amount of $4,067.52. J. UNFINiSHED BUSINESS K. NEW BUSINESS 1. Alternatives for Considering Tax-Exempt Property: Discussion by David M. Crochmal, Assistant to the City Manager for Intergovernmental Relations. 2. Legal Advertising in Local Media L. ADJOUIINMEIFr 1. Motion to adjourn. MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia August 20, 1984 The Regular Meeting of the Council of the City of Virginia Beach, Virginia, was called to order by Mayor Harold Heischober in the Conference Room, City Hall Bumldzng, on Monday, August 20, I984, at 1:00 in the afternoon. Council Members Present: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Absent: Nancy A. Creech* and Robert G. Jones* *Councilwoman Nancy A. Creech and Councilman Robert G. Jones entered the Executive Session at 1:05 p.m. August 20, 1984 - 2 - ITEM # 22364 Mayor Helschober entertained a motion to permit Council to conduct its EXECU- TIVE SESSION pursuant to Section 2.1-344, Code of Virginia, as amended, for the followmng purposes, to be followed by the REGULAR SESSION. 1. PERSONNEL MATTERS: Discussion or consideration of employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of public officers, appointees or employees. 2. LEGAL MATTERS: Consultation with legal counsel or briefmngs 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 Councilman Baum, seconded by Councilman Loums Jones, City Council voted to proceed into the EXECUTIVE SESSION at 1:02 in the afternoon, to be followed by the REGULAR SESSION. Voting: 9-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold He~schober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Vice Mayor 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 and Robert G. Jones August 20, 1984 -3- REGULAR SESSION VIRGINIA BEACH CITY COUNCIL August 20, 1984 2:00 p. m. Mayor Harold Heischober RECONVENED the Regular Session of the Virginia Beach City Council in the Council Chambers, City Hall Building, on Monday, August 20, 1984, at Two O'Clock in the afternoon. Council Members Present: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Absent: None INVOCATION: Reverend Sidney Nelson Pastor Saint Timothy Lutheran Church Mayor Heischober announced the untzmely death of former Mayor Frank Dusch, who passed away this morning. The City Council and those citizens present paid tribute to Mayor Dusch and his contributions to the C~ty by observing a period of silence preceding the Invocatmon. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA August 20, 1984 -4- Item II-D.1 MINUTES ITEM # 22365 Upon motion by Councilman McCoy, seconded by Councilwoman Creech, City Council APPROVED the Minutes of August 13, 1984, with a correction as follows: Page 10 - ITEM # 22331 (ORDINANCE UPON APPLICATION OF FRED J. DEAN, III FOR THE DISCONTINUANCE, CLOSURE AND ABANDONMENT OF A PORTION OF ROUSE DRIVE KEMPSVILLE BOROUGH) REPLACE 50-foot right-of-way with 30-foot right- of way in the following condition: 1. Dedmcation of a ~O-~e 30-foot rzght-of-way to the south of the relocation of Rouse Drive. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Lou~s R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None August 20, 1984 - 5 - CITY MANAGER'S ADMINISTRATIVE AGENDA Item II-E.1 CONSENT AGENDA REIMBURSEMENT OF LEGAL EXPENSES/Police Department ITEM # 22366 Councilman Jennlngs Referenced an Ordinance to Transfer funds from the General Fund Reserve for Contingencies to the POLICE DEPARTMENT for REIMBURSEMENT of LEGAL EXPENSES incurred by a police officer in the performance of his duties (See Item 11-1.3 of the Consent Agenda). Councilman Jennings requested itemized statement concerning same. Staff provided the Cmty Council with the information requested. August 20, 1984 -6 - Item II-G.1 PLANNING ITEM # 22367 Upon motion by Councilman McCoy, seconded by Councilwoman Creech, City Council authorized FINAL APPROVAL of an Ordinance upon application of COLCON DEVELOPMENT COMPANY, INC. for a Street Closure as per the following: Ordinance upon applicatmon of Colcon Development Company, Inc., for the discontinuance, closure and abandonment of the following streets: Wagon Road: Located on the south szde of Norfolk and Southern Railroad right-of-way beginning at a point 700 feet more or less east of Constitution Drive, running a d~stance of 33.98 feet along the south szde of Norfolk & Southern Railroad right-of-way, running a distance of 528 feet along the eastern property line, running a d~stance of 30 feet along the southern property line and running a distance of 545 feet along the western property l~ne. Woodland Street: Located 280 feet south of Norfolk & Southern Railroad right-of-way beginning at a point 460 feet more or less east of Const~tutzon Drive, running a d~stance of 392 feet along the northern property line, running a distance of 50 feet along the eastern property line, running a distance of 402 feet along the southern property line and running a d~stance of 50 feet along the western property line. Said parcels contain 37,012.64 square feet. KEMPSVILLE BOROUGH. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Hezschober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None August 20, 1984 IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING PORTIONS OF THOSE STREETS KNOWN AS WOODLAND STREET AND THE WAGON ROAD, A/K/A THE ROAD, AS SHOWN UPON THAT CERTAIN PLAT ENTITLED #STREET CLOSURE PLAT FOR COLCON DEVELOPMENT CORP. PLAT OF A. C. JARVIS LAND M.B. 5 PT. 1 P. 78 KEMPSVILLE BOROUGH VIRGINIA BEACH, VA.# DATED 1 FEB. 1984, WHICH PLAT IS RECORDED IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH, VIRGINIA, IN MAP BOOK , AT PAGE . WHEREAS, it appearing by affidavit that proper notice has been given by Colcon Development Co., Inc., that it would make application to the Council of the City of Virginia Beach, Virginia, on , 1984, to have the hereinafter described streets discontinued, closed, and vacated; and WHEREAS, it is the judgment of the Council that said streets be discontinued, closed and vacated; NOW, THEREFORE, SECTION I BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia, that the hereinafter described streets be discontinued, closed, and vacated: SEE ATTACHED #EXHIBIT A" (for complete legal description) Said parcel of land being portions of Woodland Street and the Wagon Road, a/k/a the Road, as indicated on that certain plat entitled "Street Closure Plat for Colcon Development August 20, 1984 - 6b - Corp. Plat of A. C. Jarvis Land M.B. 5 Pt. 1 P. 78 Kempsville Borough, Virginia Beach, Va.N dated 1 Feb. 1984, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Hap Book , at page reference. and which is made a part hereof by SECTION II A certified copy of this Ordinance shall be filed in the Office of the Circuit Court of the City of Virginia Beach, Virginia, indexed in the name of the City of Virginia Beach, as grantor. SECTION III August 20, 1984 - 6c - EXHIBIT A LEGAL DESCRIP?IO# PARCEL I: The Wagon Road, a/k/a the load, beginning i~ the northeast corner of Lot 76 aa shown on that certain plat entitled "Plat of A. C. Jarvis Land 1914" which 'said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Nap Book 5, page 78, and from said point of beginning thence along th western most line of the Wagon Road, a/k/a the Road, S 28v 24" E 545 feet more_or less to a point on the edge of Th·lis Creek; thence N 6~° 86' 59" E 25 feet more or less to a point; thence N 41- 38' 49" E5 feet more or less to a point in the eastern line of the Wagon Road, a/k/a the Road; thence#al°rI·28~ 24' the eastern line of the Wagon Road, a/k/a the Road, W 528 feet more or less to a point which point is the northwestern most corner _of Lot 77 s shown on the above referenced platl thence 8 89° 35' 39" Wa33.98 feet more or leis along the aouthern line of LaFayette Ave., which line would also be the prolongation of the northern line of Lot 77 in a westerly direction to the northeastern most corner of Lot 76, the point and place of beginning. PARCEL II: Woodland Stre~ - Beginning at a point, which said point is located S II-' 24* 21" E 258 feet more or l~ss from the northwestern most corner of Lot 74 as shown on that certain plat entitled "Plat of A. C. Jarvis Land 1914", which plat is duly ~ecorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 5, page 78 and also shown on that certain plat entitled "Plat of Southern Part of the Sheldon Farm Ptincess Anne Co., Va. Showing Location of Farms and Garden Sites, Elizabeth Park and Land Co.u, dated Jd'ly 1913 and duly recorded in the Clerk'. Offic. aSst..aid in ..p Book 47, page 49; thenceN 89- 35'39" g 392 feet more or less as shown on the above ~lats to the southeastern most corner of Lot ?6; thence S 28 24* S SI feet more or leas to the 9·iht in the southern line of Woodland Street; thence S 89-- 35 39" W along the southern line of Woodland Street to a point in the western line of Lot 74, said last call is at all times $8 feet from and par·tell ~o the southern line of Lots 75 and 76 aforesaid; thence H gl-24' 21" W 58 feet more or less to a point, which point is the point and place of beginning. All the above, as shown upon that certain plat entitled uStreet Closure Plat for Colcon Development Corp. Plat of A. C. Jarvis Land MB 5, Pt. 1, P. 78 Kemp·valle Borough, Virginia Beach, Va." dated I Feb. 1984. FINAL APPROVAL - AUGUST 20, 1984 August 20, 1984 - 7 - Item II-G.2 PLANNING ITEM # 22368 Letter from Frank L. Wlllard, Attorney for THREE Y'S, Inc., referencing that an applicant shall appear by an officer of the corporation, ~s hereby made a part of the record. Sandra S. Wells, President of Three Y's Inc., represented the appl~- cant. Upon motzon by Councilman Louis Jones, seconded by Councilwoman Oberndorf, City Council ADOPTED an Ordinance upon application of THREE Y'S, INC. t/a B & W TIRE & AUTOMOTIVE CENTER for a Condmtional Use Permit per the following: ORDINANCE UPON APPLICATION OF THREE Y'S, INC., T/A B & W TIRE AND AUTOMOTIVE CENTER, FOR A CONDITIONAL USE PERMIT FOR THE SALE AND MOUNTING OF TIRES, BATTERIES, AND ACCESSORIES AND ENGINE TUNE-UPS RO884654 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Three Y's Inc., T/A B & W Tzre & Automotive Center for a Conditional Use Permit for the sale and mounting of tires, batterzes and acces- sories and engine tune-ups on certain property located on the south s~de of Northampton Boulevard beginning at a point 700 feet more or less east of Baker Road, running a distance of 150 feet along the south side of Northampton Boulevard, running a distance of 150 feet along the eastern property line, runnzng a distance of 150 feet along the southern property l~ne and running a distance of 150 feet along the western property line. Said parcel is located at 5737 Northampton Boulevard and contains 22,500 square feet. BAYSIDE BOROUGH. Th~s Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twentieth day of August, Nineteen Hundred and Eighty-four. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vzce Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: August 20, 1984 None - 8 - Item II-G.3 PLANNING ITEM # 22369 Upon motion by Vice Mayor McClanan, seconded by Councilwoman Oberndorf, City Council DEFERRED for one week until the C~ty Council Meeting of August 27, 1984, ~n order to prepare an accompanyzng AGREEMENT, an Ordinance upon application of the TRUSTEES OF BETH MESSIAH SYNAGOGUE for a Conditional Use Permit per the following: ORDINANCE UPON APPLICATION OF THE TRUSTEES OF BETH MESSIAH SYNAGOGUE FOR A CONDITIONAL USE PERMIT FOR A CHURCH/SYNAGOGUE BUILDING Ordinance upon application of The Trustees of Beth Messiah Synagogue for a Conditional Use Permit for a church/synagogue building on certain property located on the north s~de of Holland Road beginnmng at a poznt 1400 feet more or less west of Delft Dr~ve, running a distance of 599.39 feet along the north side of Holland Road, running a distance of 1097.51 feet in a north- easterly d~rect~on, running a d~stance of 311.86 feet ~n a southeasterly direction, running a distance of 409 feet in a southwesterly direction, runnzng a dis- tance of 201.80 feet in a northwesterly d~rection and running a d~stance of 686.07 feet zn a southwesterly di- rection. Sa~d parcel contains 10.8 acres. PRINCESS ANNE BOROUGH. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, V~ce Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Counczl Members Voting Nay: None Council Members Absent: None August 20, 1984 - 9- Item II-G.4 P LANN lNG ITEM # 22370 Attorney Donald Rhodes represented the applicant Upon motion by Councilman McCoy, seconded by Vice Mayor McClanan, City Council ADOPTED an Ordinance upon applzcat~on of R. WAYNE RUSBULDT and RUTH ANN RUSBULDT for a Conditional Use Permit per the following: ORDINANCE UPON APPLICATION OF R. WAYNE RUSBULDT AND RUTH ANNE RUSBULDT FOR A CONDITIONAL USE PERMIT FOR A 280-FOOT COMMUNICATIONS TOWER R0884655 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon applicatmon of R. Wayne Rusbuldt and Ruth Anne Rusbuldt for a Condt~onal Use Permit for a 280-foot communications tower on certain property located on the west s~de of Rusbuldt Lane (formerly Meadow Drive) beginning at a point 1050 feet more or less southwest of Salem Road. Sa~d parcel is known as Lots 17, 18, 19, 20, Salem Acres, and contains 4.47 acres. KEMPSVILLE BOROUGH.* *Th~s was incorrectly listed in the AGENDA as PRINCESS ANNE BOROUGH. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, V~rginia, on the Twentieth day of August, Nineteen Hundred and Eighty-four. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Loums R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None August 20, 1984 - 10 - Item II-G.5 PLANNING ITEM # 22371 Reference is made to letter from Delia A. Rodrlguez dated August 8, 1984, requesting the WITHDRAWAL of the Application of ANGELITA A. LIM and ASSIGNS for a Conditional Use Permit for a home for the elderly Lieutenant Commander Petrie represented the opposition, but did not speak. Upon motion by Vice Mayor McClanan, seconded by Councilwoman Creech, City Council ALLOWED WITHDRAWAL of an Ordinance upon application of ANGELITA A. LIM and ASSIGNS for a Conditional Use Permit per the following: ORDINANCE UPON APPLICATION OF ANGELITA A. LIM AND ASSIGNS FOR A CONDITIONAL USE PERMIT FOR A HOME FOR THE ELDERLY Ordinance upon application of Angelzta A. L~m and Assigns for a Conditional Use Permzt for a home for the elderly on certain property located at the south- west lntersectzon of Shipps Corner Road and London Bridge Road, running a distance of 133.10 feet along the south s~de of Shipps Corner Road, running a dis- tance of 793.2 feet in a southwesterly direction, running a distance of 700 feet in a southeasterly direction, running a distance of 491.4 feet in a northeasterly direction, running a d~stance of 110 feet ~n a northwesterly direction and running a dis- tance of 387 feet in a northeasterly direction. Sa~d parcel contains 7.5 acres. PRINCESS ANNE BOROUGH. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Lou~s R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None August 20, 1984 - 11- Item II-G.6 PLANNING ITEM # 22372 Attorney Grover Wright represented the applicant. Reference was made to a letter from Attorney Grover Wright requesting DEFERRAL of the Application of ROBERT HERMAN and HERMAN, INC. for a Change of Zoning (said letter is hereby made a part of the record). Upon motion by Councilman Jennings, seconded by Councilman McCoy, City Council DEFERRED until the City Counczl Meeting of September 10, 1984, an Ordinance upon application of ROBERT HERMAN AND HERMAN, INC. for a Change of Zoning as per the following: ORDINANCE UPON APPLICATION OF ROBERT HERMAN AND HERMAN INC., FOR A CHANGE OF ZONING FROM B-5 TO H-2 Ordinance upon application of Robert Herman and Herman Inc., for a Change of Zoning District Classification from B-5 Resort-Commercial Distr~ct to H-2 Resort Hotel Distr~ct on certain property located at the southeast corner of Atlantic Avenue and 2nd Street, running a distance of 300 feet along the east side of Atlantic Avenue, running a distnce of 150 feet along the southern property line, running a distance of 300 feet along the eastern property line and running a distance of 150 feet along the south side of 2nd Street. Said parcel contains 1.03 acres. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None August 20, 1984 - 12- Item II-G.7 PLANNING ITEM # 22373 Attorney Robert Cromwell represented the application Upon motion by Councilman Fentress, seconded by Councilwoman Oberndorf, City Council ADOPTED an Ordinance upon application of ISSAC T. GRAY AND WILLIAM L. FREED for a Change of Zoning as per the following: ORDINANCE UPON APPLICATION OF ISSAC T. GRAY AND WILLIAM L. FREED FOR A CHANGE OF ZONING FROM R-7 TO A-2 ZO884876 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Issac T. Gray and William L. Freed for a Change of Zoning District Classification from R-7 Residential District to A-2 Apartment District on Lots 1, 2, 3, 4 and 5, Block 26 and Lots 30, 31, 32, 33, 34, Block 16, Shadowlawn Heights. Said parcels are located at 805 and 806 Baltic Avenue and contain 30,000 square feet. VIRGINIA BEACH BOROUGH. Prior to the changing of the official zoning maps, the following condition w~ll be met: Resubd~vision of the property and vacation of internal lot lines to avoid the creation of nonconforming lots. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the C~ty of Vzrg~nia Beach, Virginia, on the Twentmeth day of August, Nineteen Hundred and E~ghty-four. Voting: 11-0 Council Members Votzng Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None August 20, 1984 - 13- Item II-G.8 PLANNING ITEM # 22374 Upon motion by Councilman Louis Jones, seconded by Councilwoman Oberndorf, City Council DENIED an Ordznance upon application of MARC E. McCORKEL T/A MARC'SMEN CONTRACTORS, INC. for a Change of Zoning as per the following: ORDINANCE UPON APPLICATION OF MARC E. McCORKEL T/A MARC'SMEN CONTRACTORS, INC. FOR A CHANGE OF ZONING O-1 TO I-1 (BURTON STATION COMMUNITY DEVELOPMENT TARGET AREA) Ordinance upon application of Marc E. McCorkle T/A Marc'smen Contractors, Inc., for a Change of Zoning District Classification from O-1 Office District to I-1Lmght Industrmal D~strict on certain property lo- cated on the north smde of Burton Station Road be- ginning at a poznt 430 feet more or less west of Northampton Boulevard, running a distance of 80 feet along the north side of Burton Station Road, running a d~stance of 20 feet more or less ~n a southerly di- rection, running a distance of 30 feet more or less along the north side of Burton Statmon Road, running a distance of 130 feet in a northeasterly direction, running a distance of 61.53 feet in a northwesterly direction, running a distance of 172 feet in a south- westerly direction, running a dzstance of 181.51 feet along the north side of Burton Station Road, running a distance of 150 feet in a northeasterly direction, running a distance of 65 feet in a northwesterly di- rection, running a distance of 58.71 feet in a north- easterly direction, running a distance of 52.18 feet in a northwesterly direction, running a distance of 140 feet more or less in a northeasterly direction, running a d~s- tance of 10 feet more or less in a southeasterly directmon, running a distance of 10 feet more or less in a north- easterly direction, running a d~stance of 350 feet in a southeasterly dlrectmon and running a d~stance of 220 feet in a southerly d~rection. Said parcel is located at 5810 Burton Station Road and contains 1.9 acres. BAYSIDE BOROUGH. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Lou~s R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: August 20, 1984 None - 14 - Item II-G.8(a) PLANNING ITEM # 22375 ADD -ON Councilman Jennlngs requested the staff review City Council's POLICY with reference to COMMUNITY DEVELOPMENT TARGET AREAS. August 20, 1984 - 15- Item II-G.9 PLANNING ITEM # 22376 Jack Hayworth, represented the applicant, and distributed a zoning map con- cerning said application and a sketch reflecting the intersection of General Booth Boulevard and Princess Anne Road as a fully controlled intersection Shermdan Barber, represented Red M~ll Farm Civic Organization, spoke in opposmtmon Upon motion by Councilwoman McClanan, seconded by Councilman Louis Jones, City Councml ADOPTED an Ordinance upon application of RONALD L. AND HOLLY HALL for a Change of Zoning per the following: ORDINANCE UPON APPLICATION OF RONALD L. AND HOLLY HALL FOR A CHANGE OF ZONING FROM R-3 TO B-2 Z0884877 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Ronald L. and Holly Hall for a Change of Zoning District Classification from R-3 Resi- dential District to B-2 Commun~ty-Busmness Distr~ct on certamn property located on the north side of Princess Anne Road beginning at a point 430 feet more or less west of the intersection w~th Oceana Bolulevard, running a distance of 243.12 feet along the north smde of Princess Anne Road, running a distance of 141.52 feet along the western property line, running a distance of 170 feet more or less mn a northeasterly direction, running a distance of 77.33 feet in an easterly d~rection, running a distance of 53 feet in a southeasterly directmon, running a dmstance of 10 feet in a northeasterly dzrection, runnmng a distance of 128.99 feet in a southeasterly d~rectzon and running around a curve in a southwesterly direction a dis- tance of 84.94 feet. Sazd parcel contains 1.29 acres. PRINCESS ANNE BOROUGH. The following conditions shall be required: 1. A 25-foot buffer on Old Princess Anne Road 2. A plan is to be submitted to the Historical Review Board, in order that said Board might determine whether the architecture is compatible with the area. This Ordmnance shall be effective upon the date of adoption. Adopted by the Council of the Cmty of Virginia Beach, Virginia, on the Twentieth day of August, Nineteen Hundred and E~ghty-four. August 20, 1984 - 16 - Item II-G.9 PLANNING ITEM f~ 22376 (Continued) Voting: 8-3 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, H. Jack Jennings, Jr., Lou~s R. Jones, Vice Mayor Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: Barbara M. Henley, Robert G. Jones, and Meyera E. Oberndorf Council Members Absent: None August 20, 1984 - 17- Item II-G. iO PLANNING ITEM # 22377 Attorney Grover Wright represnted the applicant Madel~ne Upton Manchio, owner of farmland considered for rezoning, spoke in favor of the application Sheridan Barber, President of the Red Mill Farms Civic Organization, repre- sented the opposition and distributed a Petition in objection to the application as well as a "Traffic Analysis for Red Mill Farm Study Area" and "Enrollement for Schools Servicing the Court House/Sandbridge Study Area" (Said documents are hereby made a part of the record). A motion was made by Councilman Baum, seconded by Councilman Jenn£ngs, to ADOPT Ordinances upon application of SHOREWOOD ASSOCIATES for Changes of Zoning. A SUBSTITUTE MOTION was made by Counczlman Louis Jones, seconded by Councml- woman Henley to DENY Ordinances upon application of SHOREWOOD ASSOCIATES for Changes of Zoning on the south side of Old Dam Neck Road, east of Oceana Boulevard (Princess Anne Borough): (a) From AG-1 Agricultural District to R-8 Residential District on a 50.1-acre parcel; and (b) From AG-2 Agricul- tural Distr~ct to R-8 Residential District on a 25.6-acre parcel. Voting: 5-6 (SUBSTITUTE MOTION LOST) Council Members Votmng Aye: Barbara M. Henley, Lou~s R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, H. Jack Jennings, Jr., and J. Henry McCoy, .Ir., D.D.S. Council Members Absent: None August 20, 1984 - 18 - Item II-G. 10 PLANNING ITEM # 22377 (Continued) Upon motion by Councilman Baum, seconded by Councilman Jennlngs, City Council ADOPTED Ordinances upon application of SHOREWOOD ASSOCIATES for Changes of Zoning as per the following: ORDINANCE UPON APPLICATION OF SHOREWOOD ASSOCIATES FOR A CHANGE OF ZONING FROM AG-1 TO R-8 Z0884878 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Shorewood Associates, Incor- porated for a Change of Zoning D~strict Classification from AG-1 Agricultural District to R-8 Residential District on certain property located 600 feet south of Old Dam Neck Road beginning at a point 1000 feet more or less east of Oceana Boulevard, running a d~stance of 1500 feet more or less along the northern property line, running a distance of 1350 feet more or less along the eastern property line, running a d~stance of 1350 feet more or less along the southern property line and running a distance of 1860 feet more or less along the western property l~ne. Said parcel contains 50.1 acres. PRINCESS ANNE BOROUGH. ORDINANCE UPON APPLICATION OF SHOREWOOD ASSOCIATES FOR A CHANGE OF ZONING FROM AG-2 TO R-8 Z0884879 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Shorewood Associates, Incorporated for a Change of Zoning Distr~ct Classification from AG-2 Agri- cultural District to R-8 Residential District on parcels lo- cated south of Old Dam Neck Road, East of Oceana Boulevard. Parcel 1: Located on the south side of Old Dam Neck Road be- ginning at a point 1000 feet more or less east of Oceana Boulevard, running a distance of 300 feet along the south side of Old Dam Neck Road, running a d~stance of 250 feet in a southwesterly direction, running a distance of 400 feet in a southeasterly direction, running a distance of 340 feet in a northeasterly direction, running a distance of 900 feet along the south side of Old Dam Neck Road, running a distance of 600 feet along the eastern property line, running a distance of 1500 feet more or less along the southern property line and running a distance of 600 feet along the western property line. Parcel 2: Located 2460 feet more or less south of Old Dam Neck Road beginning at a point 950 feet more or less east of Oceana Boulevard, running a distance of 1220 feet more or less along the northern property line, running a dzstance of 330 feet in a southwesterly directmon, running a distance of 150 feet more or less in a southerly direction, running a distance of 940 feet along the southern property line and running a distance of 400 feet along the western property line. Samd parcels contain 25.6 acres. PRINCESS ANNE BOROUGH. August 20, 1984 - 19 - Item II-G.10 PLANNING ITEM # 22377 (Continued) The following conditions shall be be required as contamned in the AGREEMENT (said Agreement is hereby made a part of the proceedings): The maximum density shall be no more than 4 units per acre. , The minimum lot area shall be 6,000 square feet; the minimum lot width at the front yard building setback line shall be 60 feet; the minimum side yard setback shall be 5 feet rather than zero, provided, however, that there shall be a minimum of 15 feet between dwelling units and the subdivision plat shall con- tain such designated setbacks. These Ordinances shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twentieth day of August, Nineteen Hundred and Eighty-four. Voting: 6-5 (MAIN MOTION CARRIED) Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, H. Jack Jennings, Jr., and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: Barbara M. Henley, Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and Meyera E. Oberndorf Council Members Absent: None The Staff's Recommendation to accept these Changes of Zoning Conditioned the Approval upon: Prior to the changing of the official zoning maps, the following conditions will be met: A dedication along Old Dam Neck Road to provide for an ultimate 66-foot right-of-way as per the Master Street and Highway Plan. , A dedication along the eastern and southern boundary of this property for an ultimate 200-foot wide drainage easement as per the Master Drainage and Canal Plan. Bo A dedication for a 66-foot wide north-south collector street as per the Master Street and Highway Plan. August 20, 1984 - 19a- SHOREWOOD ASSOCIATES, INCORPORATED a V]_rqJnia Stock Corporation TO: (COVENANTS AND CONDITIONS ('l'['Y el" VIRGINI_A BEAC[{, a Mun±c].pa]. Corporatzon of Lhe Commonwealth of Virginia TIilS AGREEMENT, made this 14th day of June, 1984, by and between SIIOREWOOD ASSOCIATES, INCORPORATED, a Vzrginza stock corporation, Grantor, of the one Dart, and CITY OF VIRGINIA BEACH, a Municipal Corporation of the Commonwealth of Virginia, Grantee, of the other part; WITNESSETH THAT: WIlEREAS, the Grantor l~as initiated an amendment bo the Zoning Map of the City of Virginia Beach, Virginia, by pe[:ition addressed to the Grantee, so as to change the classification from AG-1 and AG-2, respectively, to R-8 on two parcels of ~he Grantor's property, as shown on the plat attached hereto entitled "Preliminary Subdivision of Upton Farm" dated April, 1984, made by John E. Sirine And Associates, Ltd., one parcel containing 50.1 acres and the other containing 25.6 acres, located in Princess Anne Borough of the City of Virginia Beach, south of and adjacent to Old Dam Neck Road and east of General Booth Boulevard; and WHEREAS, the Grantor intends to develop all of the aforedescribed property (75.7 acres) as a unified development ~ and WHEREAS, the Grantee's policy is to provide only for the orderly development of land, for various purposes, L~cludzng residential purposes, through zonzng and other land development legislation; and WHEREAS, the Grantor acknowledges that the density of residential uses should be consonant with community servic'es and [~hat in order to permit single family dwelling units on and in the area of the subjec~ property and at the August 20, 1984 - 19b - same time to recognize the effects of change, and the need Io~- ~;inqle-fa,~ily (two[lin(is in tho area without an undue burden on community services, certain reasonable conditions governing the use of the property for the protection of the communiky tha~ are not generally applicable to land similarly zoned R-8 are needed to cope with the situation whLch the rezoning applications and the Grantor's potential development give rise to; and WHEREAS, the Grantor has voluntarily proffered in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendments to the Zon].ng Map, in addition to the regulations provided for the R-8 zoning district or zone by the existing overall zoning ordinance, the following reasonable conditions related to the physical development and operation of both of the parcels shown on the said plat, to be adopted as a part of said amendments to the new Zoning Map relative to all the property described above, which have a reasonable relation to the rezoning and development of the entire project, and the need for which is generated by the rezoning and by the Grantor's potential development on both of said parcels; and WHEREAS, the conditions have been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendments to the Zoning Ordinance and having been accepted by the Grantor, 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 notwithstand- ing the foregoing, ~hese conditions are amended or varied Dy wt~] tten instrument recorded in the Clerk's Office of the C~_r_cuz[: Cour~ of the City of Virginia Beach, Virginia, and August 20, 1984 - 19c- executed by the record owner of the subject property at the I-tree ok recordat%on of such instrument; provided, further, that said Instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of Code of Virginia, Section 15.1-431, which said ordinance cr resolution shall be recorded along with said instrument as conclusive evidence of such consent; NOW, THEREFORE, the Grantor, for itself, its successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and wi thoub any requi]-o, mont by or exaction from tho Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions as to the physical development and operation of the subject property and governing the use thereof and hereby covenants and agrees that this declaration shall constitute covenants running with the said property, which shall be binding upon the property and upon all parties and persons claiming under or through the Grantor, its successors, personal representa- tives, assigns, grantees and other successors in interest or title, namely: The only type of dwelling units to be erected on any of the property shall be single family detached dwelling units. The maximum density rating for dwellings on the property shall be as follows: the maximum density on the subject 75.7 acres shall be no more than 4 units per acre. The minimum lot area shall be 6,000 square feet; the minimum lot wJ_dth at the front yard building setback August 20, 1984 line shall be 60 feet; the minimum side yard setback shall be 5 feet rather than zero, provided, however, that there shall be a minimum of 15 feet between dwelling units and the subdivision plat shall contain such designated setbacks. Ali. references hereinabove to the R-8 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 June 14, 1984, which is by this reference incorporated herein. The Grantor covenants and agrees that (1) the Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the fore(~oinq condi- tions, 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 appro- priate 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 made 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. WITNESS the following signature. SHOREWOOD ASSOCIATES, INCORPORATED STATE O1.' VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, ~0 t~0 '~l ~!ti. ~7J~.L/,~L~Q/ , a Notary Public for the State-of Virgfnia at Large, do hereby certify that c/~/~,'~ , whose names is signed as president on behalf of the Grantor to the foregoing instrument bearing date on the 14th day of June, 1984, has acknowledged the same before me in the city and state aforesaid. Given under my hand this /~ day of August, 1984. My COIIIIIII SS.LOll (2X[31.E'(2S : - 20 - Item II-G.11 PLANNING ITEM # 22378 Ed Roehm, represented the American Institute of Architects, and spoke in favor of the Comprehensive Zoning Amendments. Edward "Ned" Caton, represented the North Virginia Beach Property Owners, and spoke in opposition. He submztted two sketches regarding building height l~mitat~on (same is hereby made a part of the record). Upon motion by Councilman Jennings, seconded by Councilman Fentress, C~ty Council DEFERRED for one week until the City Council Meeting of August 27, 1984, the following Amendments to the COMPREHENSIVE ZONING ORDINANCE: ORDINANCE TO AMEND AND REORDAIN ARTICLE 5, SECTION 503 OF THE COMPREHENSIVE ZONING ORDINANCE PERTAINING TO HEIGHT REGULATIONS IN RESIDENTIAL AREAS; AND, ORDINANCE TO AMEND AND REORDAIN ARTICLE 5, SECTION 582(e) OF THE COMPREHENSIVE ZONING ORDINANCE PERTAINING TO HEIGHT REGULATIONS: ORDINANCE TO AMEND AND REORDAIN ARTICLE 5, BY ADDING SEC- TION 574 OF THE COMPREHENSIVE ZONING ORDINANCE PERTAINING TO HEIGHT REGULATIONS; ORDINANCE TO AMEND AND REORDAIN ARTICLE 6, SECTION 603 OF THE COMPREHENSIVE ZONING ORDINANCE PERTAINING TO HEIGHT REGULATIONS FOR APARTMENTS. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold He~schober, Barbara M. Henley, H. Jack Jennmngs, Jr., Louis R. Jones, Robert G. Jones, V~ce Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None August 20, 1984 - 20a- AN ORDINANCE TO AMEND AND REORDAIN ARTICLE 5, SECTION 503 OF THE COMPREHENSIVE ZONING ORDINANCE PERTAINING TO HEIGHT REGULATIONS IN RESIDENTIAL AREAS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Article 5, Section 503, Height Regulations, of the C.Z.O. is hereby amended and reordained as follows: Section 503. Height regulations. No portion of any building or other structure located within an R-1 Residential District shall exceed thirty-five (35) feet in height, except that such building or other structure may be constructe~ to a maximum height of forty (40) feet, provided, however, that the side yard setbacks (other than a side yar~ ad~oinin~ a street) shall be increase~ bE five (5) feet if the building or other structure exceeds thirty-five (35) feet in height.. Notwiths%andin~ the above, n? buildin~ or other__ structure shall exceed the height limit established by section 202(b). Adopted this day of , 1984, by the Council of the City of Virginia Beach, Virginia. CMS/CJ/da MISC. 1 4/27/84 4/30/84 5/7/84 August 20, 1984 - 20b - AN ORDINANCE TO AMEND AND REORDAIN ARTICLE 5, SECTION 582(e) OF THE COMPREHENSIVE ZONING ORDINANCE PERTAINING TO HEIGHT REGULATIONS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Article 5, Section 582, Height Regulations, of the C.Z.O. is hereby added and reads as follows: (e) Beight regulations: No portion of any building or other structure located within an R-9 Townhouse District shall exceed thirty-five (35) feet in height wh~ehe~e~-~s-m~e-~ese~e~e?, except that attached dwellings containin~ no more than six (6) units may be constructed to a maximum.height of forty (40) feet and attached dwellings containin~ seven (7) or more units may be constructed to a maximum height of forty (40) feet ~rovided the side yard setbacks (other than a side ~ard ad~oinin~ a street) shall be increased by five (5) feet if the buildin~ or other structure exceeds thirty-five (35) feet in height and contains seven (7) or more attached dwellings. Notwithstandin~ the above, no building or other structure shall exceed the height limit established by sect ion 202(b). Adopted this day of , 1984, by the Council of the City of Virginia Beach, Virginia. CMS/CJ/da ALT3.1 5/7/84 5/9/84 5/10/84 August 20, 1984 - 20c - AN ORDINANCE TO AMEND AND REORDAIN ARTICLE 5, BY ADDING SECTION 574 OF THE COMPREHENSIVE ZONING ORDINANCE PERTAINING TO HEIGHT REGULATIONS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Article 5, Section 574, Height Regulations, of the C.Z.O. is hereby added and reads as follows: Section 574. Height regulations. No ~ortio~ of any building or other structure located within an R-8 Residential District shall exceed thirty-five (35) feet in height, except that such building or other structure may be constructed to a maximum height of forty (40) feet, provided, that the side yard.setbacks (other than a side yard ad~oi.nin, g a street) shall be increased by five (5) feet if the..buildingj.Qr other structur,e exc. e. eds thirty-five (35) feet in height and provided, further, that where there is no required yard on one side of a.s.ingle-family dwel. ling., the side yard required in section 573(d)(2) shall be at least fifteen (15) feet. · ,, Notwithstanding the above, no building or..other structure shall exceed th.e height limit established by section 202(b). Adopted this day of , 1984, by the Council of the City of Virginia Beach, Virginia. CMS/CJ/da ALT3.1 4/27/84 4/30/84 5/7/84 APPf{OVED A~ TO CITY ATTO/NEY August 20, 1984 - 20d- AN ORDINANCE TO AMEND AND REORDAIN ARTICLE 6, SECTION 603 OF THE COMPREHENSIVE ZONING ORDINANCE PERTAINING TO HEIGHT REGULATIONS FOR APARTMENTS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Article 6, Section 603, Height Regulations, of the C.Z.O. is hereby added and reads as follows: Section 603. Height regulations. No portion of any building or other structure located within an A-1 Apartment District shall exceed thirty-five (35) feet in height wh~ehe~e~-~s-me~e-~es~ee~e~, except that attached dwellings containin~ n.o more than six (6) unit. s may be constructed to a maximum height o.f forty .(40) feet and that single-family dwellings, atta.ched dwellings containin~ seven (7) or more units, and .semi-detached dwellings may be constructed to a maximum height of forty (40) feet ~r. ovide.d .t. he side yard setbacks (.otb.er than a side yard adjo..inin~ a street) shall be increased by five (5) feet if such buil.d..in~s exceed thirty-five (.35) fe.et in height. In additio, n, where there is no required side yard setback on on.e side (the "Zero Side") of a single-family, dwellin~ which exceeds thirty-five (35) feet in height, the required side yard on the lot adjacent to the Zero Side shall be at least fifteen (15) feet. Notwithstandin~ the above, no buildi.n~ or other structure shall exceed the hei.~ht limit established by section 202(b). , Adopted this day of , 1984, by the Council of the City of Virginia Beach, Virginia. CMS/CJ/da ALT3.1 5/7/84 5/9/84 5/10/84 .~,~'?R,D'i~:D AS TC CO:." ~- APP,90¥[D AS TO F'C2~:~ August 20, 1984 -21 - Item II-H.l.a. RESOLUTIONS ITEM # 22379 Benjamin J. Levy was in attendance to respond to questions concerning the Resolution Upon motion by Councilwoman Creech, seconded by Councilwoman Oberndorf, City Council ADOPTED a Resolution ENCOURAGING and INVITING Portsmouth Redevelopment and Housing Authority to issue Houszng Revenue Bonds for benefit of K, L & S ASSOCIATES in the amount of $3,000,000. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, V~ce Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Counczl Members Voting Nay: None Council Members Absent: None August 20, 1984 - 2la - CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND 1. PROJECT NAME: K, L & S Associates 2. LOCATION: 3. DESCRIPTION OF PROJECT: 4. AMOUNT OF BOND ISSUE: 5. PRINCIPALS: Lots 1 through 56, as shown on that certain proposed plat of subdivision of Scarborough Square, Section 4B3, prepared by Basgier and Associates, which proposed plat has been submitted to the Planning Department of the City of Virginia Beach for approval and recordation, which lots are loca- ted off Old Clubhouse Road on a cul-de-sac known or to be known as Creekslde Court 56-unit multi-family residential rental pro3ect Not to exceed $3,000,000 Frank Spadea Benjamin J. Levy 6. ZONING CLASSIFICATION: a. Present zoning classification of the Property b. Is rezonlng proposed? c. If so, to what zoning class~ fication? A-2 Yes No X The purpose of thzs Resolutzon zs to encourage and invite the Portsmouth Redevelopment and Housing Authority to issue its special revenue bonds for the benefit of K, L & S Associates. A fiscal impact statement will be attached to and submitted with the Resolution approving the issuance of the bonds. August 20, 1984 - 2lb - GR~NT RD ACRES G PlIINCESS ANNE PLA %HOP. CTR. CLuB GOLF COURSE · LYI~ '~--- GR'E E N D OCEAN ./SQUARE ~ )TTINGHAM El ch AVENGER DP VIKING DR AALL PKWY ltlORfOLK SOUTHERN OCEANA NAVAL AIR STATIt RD LAND DR s ~Y NN CONTINUED ON PAGE PROJECT NAME' PROJECT ADDRESS' TYPE OF PROJECT' K, L And S Associates Old Club House Rd. and Creekside Court Virginia Beach, Virginia 23452 Hulti-Family, Residential Rental Housing Project August 20, 1984 5 6 - 21d - 1. There is a need for the Portsmouth Redevelopment and Housing Authority to exercise its aforesaid powers within the City of Virginia Beach for the purposes hereinabove described, and the Authority is invited and encourage to issue its bonds for the benefit of the Developer and the futherance of said purposes. 2. The Chairman or Vice-Chairman of or counsel selected by the Authority is hereby authorized to attend to the institution of a proceeding on the Authority's behalf, if requested to do so by the Developer, in the Circuit Court of the City of Portsmouth to provide for the judicial validation of the bonds pursuant to Article 6, Chapter 5, Title 15.1 of the Code of Virginia of 1950, as amended, and, in connection therewith, to take whatever further action, inclu- ding the prosecution of an appeal, as is deemed necessary or desirable in order to provide for validation of the bonds. 3. These resolutions shall not be deemed an endorsement of said bonds or the creditworthiness of the Authority, the Developer or any other person or entity, and the bonds shall provide that the City shall not be obligated to pay the bonds or the interest thereon or other costs incident thereto, and neither the faith and credit nor the taxing power of the Commonwealth, the City or the Authority shall be pledged therefor. ADOPTED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH - AUGUST 20, 1984 K,L&S ASSOC./KLS-RESO - 2 - - 22 - Item II-H.2 RESOLUTIONS ITEM # 22380 Upon motion by Councilman Baum, seconded by Councilman Lou~s Jones, City Council ADOPTED a Resolution approving, authorizing and directing the City Manager to execute a certain contract dated August 20, 1984, for CONSULTANT SERVICES on the LAKE GASTON PROJECT with C. E. MAGUIRE, INC. Voting: 9-2 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold He~schober, Barbara M. Henley, Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: H. Jack Jennings, Jr., and J. Henry McCoy, Jr., D.D.S. Council Members Absent: None August 20, 1984 - 22a- A RESOLUTION APPROVING AND AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CERTAIN CONTRACT DATED AUGUST 20, 1984, FOR CONSULTANT SERVICES ON THE LAKE GASTON PROJECT WITH C. E. MAGUIRE, INC. WHEREAS, the City Council was briefed by the City Manager on August 6, 1984, concerning a certain contract for consultant servzces on the Lake Gaston Project with C. E. Maguire, Inc.; and WHEREAS, City Council is of the determination that said contract is mn the best interest of the City; THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA,: THAT the contract is incorporated by reference and is hereby approved; and THAT the City Manager is hereby authorized and directed to execute the above-referenced contract. 1984. Adopted by City Council on the 20 day of August · ~S TO CONTENT $' G~',~ATU L'E -- ..=._ .... ,; ;,!.--~---~ August 20, 1984 - 22b - FACT SHEET AGREEMENT FOR ENGINEERING SERVICES LAKE GASTON WATER SUPPLY PROJECT Agreement Structure: The Agreement provides for two types of services: Basic Services and Additional Services. Basic Services (Section 1 and Attachment A) are those services directly related to the design of the project and for which a detailed scope of services and lump sum compensation can be clearly identified and negotiated. The Basic Services have been further sub-divided into four phases: Phase I - Concept Engineering and Project Plan Phase II - Preliminary Design Engineering Phase III - Final Design Engineering Phase IV - Construction Administration and Post Construction Services A scope of services has been defined for all four phases, however, compensation has been negotiated only for Phase I. Compensation for Phases II and III will be negotiated at the end of Phase I. Compensation for Phase IV will be negotiated at the end of Phase III. This will allow for more detailed scopes and tighter fee negotiations for Phases II, III and IV. It also provides the City with convenient termination points if legal or institutional issues halt or seriously delay the project. Additional Services (Section 2 and Attachment D) are those services for which a clearly defined scope of services and lump sum compensation can not be identified. Examples are technical support for the legal process, archaeological studies, and geotechnical investigations. For these services, compensation is based on the salary cost of the employee hours charged to the project times a multiplier to cover overhead and profit. Upset A~ ust 20, I984 - 22c - or "not-to-exceed" limits have been established to include the same time period as Phase I (eight months). As more information is developed in Phase I, a number of these Additional Services will be converted to Basic Services and lump sum fees negotiated. Agreement Provisions: Section 1 - Basic Services of the Engineer: Describes Basic Services, limitations, and responsibilities of the Engineer. Section 2 - Additional Services of the Engineer: Describes the Additional Services of the Engineer. Section 3 - Responsibilities of the City: Describes the responsxbilities and services of the City. Section 4 - Compensation to Engineer: Describes the amounts and limits of compensation to the Engineer. This section also describes the method by which fees for Phases II, III, and IV shall be negotiated and incorporated into the Agreement. Section 5 - Manner of Payment: Describes the method of invoicing and compensation. This section also provides for auditing the Engineer and for monthly status reports. Section 6 - Time Period for Services: Establishes a time limit of eight months for Phase I. Section 7 - Changes: Provides for written change orders. Section 8 - Ownership of Documents: Provides for the City's ownership of all work product and documents generated at its expense. Section 9 - Failure to Construct Said Improvements: Provides for proration of the Engineer's fee if the project zs terminated. Section 10 - Access to Site: Requires the City to provide entry for the Engineer on public and private property. Section 11 - Approvals and Permits: Requires the City to furnish the necessary approvals and permits. Section 12 - Insurance: Requires the Engineer to maintain certain limits of insurance. Section 13 - Personnel and Facilities: Requires the Engineer to provide qualified personnel for services rendered and prohibits any of the Engineer's employees from having employment or other contractual relationships with the City. Aug,,st 20, 1984 - 22d- Section 14 - Conflict of Interest: Requires that no City employee have a personal or financial interest in the Agreement. Section 15 - Findings Confidential: Requires that the Engineer not release any information about the project to anyone other than the City (or Engineer's subcontractors as necessary). Section 16 - Responsibility of the Engineer: Requires the Engineer to correct deficient or neglegent performance and provides for the Engineer to indemnify and save harmless the City from all costs and claims arising from deficient or negligent performance. Section 17 - Non-Waiver of Rights: Allows the City, at its discretion, to bypass certain requirements of the Engineer without establishing a permanent waiver of any such requirements. Section 18 - Construction Cost and Construction Cost Estimates: Protects the Engineer from liability if construction costs exceed estimates as a result of unpredictable fluctuations of intangible factors beyond the control of the Engineer. Section 19 - Successors and Assigns: Prevents the City or Engineer from transferring or assigning rights or responsibilities in accordance with the Agreement without the consent of the other party. Section 20 - Arbitration: Provides for the arbitration of all disputes pursuant to the Agreement provided the subject of the dispute has a value less than $100,000. Section 21 - Termination: Provides for the City to terminate the Agreement when in the best interest of the City, and for the Engineer to terminate the Agreement in the event of substantial failure by the City to meet its responsibilities. Section 22 - Controlling Law: Provides for the laws of the Commonwealth of Virginia and of the City of Virginia Beach to govern this Agreement. Phase I Product: During Phase I, the Engineer will completely define the project from the intake site to the final termination point. This includes a detailed analysis of the route, the pipeline diameter, options for phased construction, and whether or not the line should be constructed into Virginia Beach and a treatment plant built. The final report for Phase I will be a detailed, comprehensive, and fully defensible document which the City will use as the basis for project planning and financing, informing the public prior to a voter referendum, and negotiating agreements with Chesapeake, Franklin, Isle of Wight, and Norfolk. Augu! t 20, 1984 - 22e - Additional Services: During Phase I, estimated to require eight , months, a number of other services will also be performed. These include the preparation of technical data for the ongoing legal process, archaeological and geotechnical studies on the selected route, and an aerial survey of the selected route. Cost: The cost of services during Phase I is expected to be $442,000 for the Basic Services and not more than $585,000 for the Additional Services. The Basic Services fee is a lump sum while the Additional Services fees are "not to exceed" limits. The total obligation to the City at this point is a maximum of $1,027,000. The estimated distribution of these funds is as follows. Description Basic Services Phase I CE Maguire Malcolm Plrnie Other Sub- contractors $292,600 $249,400 $ -0- Additional Services 37,500 37,500 410,000 TOTAL Services Phase I ~;330,100 $286.900 ~4..10.~000 TOTAL $442,000 $1.027.000 Augt st 20, 1984 - 23 - Item II-H.3 ORDINANCE ITEM # 22381 Upon motion by Councilwoman Creech, seconded by Councilman Jennings, City Council ADOPTED an Ordinance to Amend and Reordain Sections 5-87, 5-90, 5-91, 5-92, and 5-94 of the Code of the City of Virginia Beach, Virginia pertaining to RABIES CONTROL. Said Ordinance shall be effective on January 1, 1985. Voting: 8-3 Council Members Voting Aye: Nancy A. Creech, Robert E. Fentress, Mayor Harold Helschober, H. Jack Jennlngs, Jr., Lou~s R. Jones, V~ce Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: John A. Baum,* Barbara M. Henley, and Robert G. Jones Council Members Absent: None *Verbal Nay August 20, 1984 - 23a- Requested by: Animal Control AN ORDINANCE TO AMEND AND REORDAIN SECTIONS 5-87, 5-90, 5-91, 5-92, AND 5-94 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA PERTAINING TO RABIES CONTROL BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Sections 5-87, 5-90, 5-91, 5-92, and 5-94 of the Code of the City of Virginia Beach, Virginia, pertaining to rabies control, is hereby amended and reordained as follows. Section 5-87. Vaccination or inoculation of dogs and cats. (a) It shall be unlawful for any person to own, keep, hold or harbor any dog or cat over the age of six (6) months within the city, unless such dog or cat shall have been vaccinated with a modified live virus (Flury Strain) rabies vaccine, approved by the state department of health, within a period of thirty (30) months or inoculated, within a period of twelve (12) months, with a killed rabies vaccine approved by the state department of health. If, however, the requirement of vaccination or inoculation threatens the physical well-being of such dog or cat, the owner of such dog or cat shall have a certificate signed by a licensed veterinarian certifying the same and the owner shall keep such dog or cat in quarantine until the same is inoculated or vaccinated. (b) Any person transporting a dog or cat into the city from some other jurisdiction shall comply with this section within thirty (30) days from the day he brings such dog or cat into the city, if such dog or cat is to be kept in the city more than thirty (30) days. (c) The vaccination or inoculation required by this section shall be administered by or under the supervision of a licensed veterinarian. When so administered, the veterinarian shall issue to the owner of the dog or cat a tag and a certificate of rabies inoculation or vaccination, properly executed and signed by the veterinarian, certifying that the dog or cat in question has been inoculated or vaccinated in August 20, 1984 - 23b - accordance with the provisions of this section. Such tag shall be firmly attached to the dog's or cat's collar and shall be worn at all times when the dog or cat is not on the property of the owner or custodian of the dog or cat or in the immediate control of some responsible person. Section 5-90. Quarantine of dogs, cats and other animals in event of widespread rabies epizootic. When, in the judgment of the director of public health, an emergency is deemed to exist in the city or any part thereof due to a widespread rabies epizootic, for the protection of the public, the director of public health may declare a quarantine in the city or such part thereof as made be so affected and restrict all dogs, cats and other animals to the owner's premises or to the immediate custody of some responsible person, either or both, for the duration of such emergency as is set forth in such order for quarantine. Any such quarantine shall remain in full force and effect until modified by the director of public health. Section 5-91. Confinement or destruction of dogs, cats and other animals showing signs of or suspected of having rabies. Any dog, cat or other animal found within the city showing active signs of rabies or suspected of having rabies shall be confined under competent observation for such time as may be necessary to determine a diagnosis. If confinement is impossible or impracticable, such dog, cat or other animal shall be destroyed. Section 5-92. Destruction or confinement of dog, cat or other animal bitten by rabid animal. Any dog, cat or other animal bitten by an animal believed to be afflicted with rabies shall be destroyed immediately or confined in a pound, kennel or enclosure approved by the department of public health for a period not to exceed six (6) months at the expense of the owner of such dog, cat or other animal. If the bitten dog, cat or other animal has been vaccinated against rabies within one (1) year, the dog, cat or other animal shall be revaccinated and confined to the premises of its owner for thirty (30) days. --2-- August 20, 1984 - 23c - Section 5-94. Concealing or harboring animal to prevent its destruction or confinement under article. It shall be unlawful for any person to conceal or harbor any dog, cat or other animal to keep the same from being destroyed or confined in accord with this article. This Ordinance shall become effective ~pon adoptzon. Adopted this 20 day of August, 1984, by the Council of the City of Virginia Beach, Virginia. RMB/da F 6/6/84 6/12/84 6/18/84 APPROVED/'.S TO CONTENT SIGh'b\,' D[PARTM~ NT '1 V','-',' ~hcN'~T'J'"'EI,- ' jClTV A rTL.7 R Nt.. ¥ -3- August 20. 1984 - 24 - Item II-I. CONSENT AGENDA ITEM # 22382 Upon motion by Councilwoman Henley, seconded by Councilman Baum, City Council APPROVED in ONE MOTION, Items 1, 2, 4, 5, 6, 7, 8, 9, 10, 11 and 12 of the CONSENT AGENDA. Item 3 was voted on separately. Voting: 10-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor 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 August 20, 1984 - 25a - ~ ~ ~' ~ RESOLUTION AUTHORIZING THE ENLARGEMENT ~i- ~ ~ OF THE NONCONFORMING STRUCTURE LOCATED <~ ~ < 756 SANDBRIDGE ROAD (PROPERTY OF HENRY ~~ ~ ~ JOSEPH BEAUDETTE, ET UX) WHEREAS, Henry Joseph Beaudette and Olive M. Beaudette desire to replace their mobile home located at 756 Sandbridge Road, Virginia Beach, Virginia. The dimensions and location of the new mobile home are shown as the hatched area on that certain survey entitled "PHYSICAL SURVEY OF NORTHERN PART OF TRACT 'B,' 1.26 Ac. SUBDIVISION OF PROPERTY OF W. T. LAND VIRGINIA BEACH, VA. FOR HENRY JOSEPH BEAUDETTE & OLIVE M. BEAUDETTE" (the "Survey"), a modified copy of which is attached hereto and made a part hereof; and WHEREAS, the present use and existing structure do not conform to the provisions of the Comprehensive Zoning Ordinance because mobile homes are not allowed in the AG-2, Agriculture District; and WHEREAS, pursuant to ~105(d) of the Comprehensive Zoning Ordinance, City Council may authorize the enlargement or extension of a nonconforming use and the reconstruction and enlargement of a nonconforming structure if Council finds that the use as enlarged or extended and the structure as recon- structed and enlarged are equally appropriate or more appropriate to the zoning district than are the existinq nonconformities. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That City Council hereby finds the enlargement or extension of the nonconforming use and the replacement and enlargement of the nonconforming mobile home located at 756 Sandbridge Road, Virginia Beach, Virginia, as shown on the Survey, are equally appropriate or more appropriate to the zoning district in which they are located than are the existing noncon- formities; and the City Council hereby authorizes the enlargement or extension of the nonconforming use and the replacement and enlargement of the nonconforming structure in the manner shown on the Survey. Adopted by the Council of the City of Virginia Beach, Virginia, on August 20~ 1984 . CMS/CJ/da 8/1 0/84 - (3) August 20, 1984 BO0~ THE PlllO~'ll, l~'l~ IHOWN ON THIS PLAT. ~ 1'1'fAT'~'1~1~, l~lTl"li' I,.INII~ AND THE WALL.~ Of THE August 20, 1984 - 26 - Item II-I.2. CONSENT AGENDA ITEM # 22384 Upon motion by Councilwoman Henley, seconded by Councilman Baum, City Council ADOPTED a Resolution authorizing the REPLACEMENT of the Nonconforming Mobile Home located at 1986 Mill Landing Road (property of HOWARD SALMONS, Et Ux). Voting: 10-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor 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 August 20, 1984 - 26a- RESOLUTION AUTHORIZING THE REPLACEMENT OF THE NONCONFORMING MOBILE HOME LOCATED AT 1986 MILL LANDING ROAD (PROPERTY OF HOWARD SALMONS, ET UX) WHEREAS, Howard Salmons and Joyce W. Salmons desire to replace their mobile home located at 1986 Mill Landing Road, Virginia Beach, Virginia, due to fire damage. The location of the mobile home is shown within the circled area on the attached drawing labeled Exhibit A; and WHEREAS, the present use and existing structure do not conform to the provisions of the Comprehensive Zoning Ordinance because mobile homes are not allowed in the AG-l, Agriculture District; and WHEREAS, pursuant to §105(d) of the Comprehensive Zoning Ordinance, City Council may authorize the reconstruction of a nonconforming structure if Council finds that the structure as reconstructed is equally appropriate or more appropriate to the zoning district than is the existing nonconformity. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That City Council hereby finds the replacement of the nonconforming mobile home located at 1986 Mill Landing Road, Virginia Beach, Virginia, as shown on Exhibit A is eaually appropriate or more appropriate to the zoning district in which it is located than is the existing nonconformity; and the City Council hereby authorizes the replacement of the nonconforming mobile home. Adopted by the Council of the City of Virginia Beach, Virginia, on August 20, 1984 · CMS/CJ/da - 8/1 5/84 - (4) August 20, 1984 - 26b - .-... / / F. xhib~_ ~ A - 27 - Item II-I.3a. CONSENT AGENDA ITEM # 22385 Upon motion by Vice Mayor McClanan, seconded by Councilman Jennings, City Council ADOPTED the following: ORDINANCE TO TRANSFER FUNDS OF $948.00 FROM THE GENERAL FUND RESERVE FOR CONTINGENCIES TO THE POLICE DEPARTMENT FOR REIMBURSEMENT OF LEGAL EXPENSES INCURRED BY A POLICE OFFICER IN THE PERFORMANCE OF HIS DUTIES (Officer Charles D. Osborn) Voting: 10-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennlngs, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor 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 August 20, 1984 - 27a - AN ORDINANCE TO TRANSFER FUNDS OF $948.00 FROM THE GENERAL FUND RESERVE FOR CONTINGENCIES TO THE POLICE DEPARTMENT FOR REIMBURSEMENT OF LEGAL EXPENSES INCURRED BY A POLICE OFFICER IN THE PERFORMANCE OF HIS DUTIES WHEREAS, Charles D. Osborn, a Virginia Beach police officer, was charged with assault in the course of his duties and was found not guilty by the General D~str~ct Court, and WHEREAS, legal fees of $948.00 were incurred by the officer ~n present,ng his defense, and WHEREAS, Section 15.1-131.6 of the Code of V~rginia enables the governing body to reimburse an off,cer for reasonable fees ,f the officer ~s found not guilty, and WHEREAS, City Council considers th~s request reasonable and proper. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that funds of $948.00 be transferred from the General Fund Reserve for Cont~ngenczes to the Pol,ce Department for legal fees znvolv~ng the above ,nc~dent. This ordinance shall be effective from the date of zts adoption. Adopted by the Counczl of the C~ty of Virginia Beach, Virginia on 20 day of Au~.~t , !984. APDROVED AS TO C~ "~7~ JCM/ORD/20 August 20, 1984 - 28 - Item II-I.3b. CONSENT AGENDA ITEM # 22386 Upon motion by Councilman Louis Jones, seconded by Councilman Robert Jones, C~ty Council ADOPTED the following: ORDINANCE TO TRANSFER FUNDS OF $6,000.00 FROM THE GENERAL FUND RESERVE FOR CONTINGENCIES TO THE POLICE DEPARTMENT FOR REIMBURSEMENT OF LEGAL EXPENSES IN- CURRED BY A POLICE OFFICER IN THE PERFORMANCE OF HIS DUTIES (Officer Wzlllam Daniel Barnette) Voting: 8-2 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold He~schober, Barbara M. Henley, Louis R. Jones, Robert G. Jones, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay; H. Jack Jennings, Jr., and Vice Mayor Reba S. McClanan Council Members Absent: Nancy A. Creech August 20, 1984 - 28a - AN ORDINANCE TO TRANSFER FUNDS OF $6,000.00 FROM THE GENERAL FUND RESERVE FOR CONTINGENCIES TO THE POLICE DEPARTMENT FOR REIMBURSEMENT OF LEGAL EXPENSES INCURRED BY A POLICE OFFICER IN THE PERFORMANCE OF HIS DUTIES WHEREAS, W~lllam Dan,el Barnette, a Vzrg,nla Beach poi,ce officer, was charged w~th assault ,n the course of h,s duties and was found not guilty by the C~rcu~t Court, and WHEREAS, legal fees of $6,000.00 were ,ncurred by the officer ,n presenting hzs defense, and WHEREAS, Sect,on 15.1-131.6 of the Code of V,rg,n,a enables the governzng body to rezmburse an officer for reasonable fees ,f the off,cer ~s found not gu,lty, and WHEREAS, City Counc,1 considers th,s request reasonable and proper. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that funds of $6,000.00 be transferred from the General Fund Reserve for Cont,ngenc,es to the Police Department for legal fees ,nvolv,ng the above ,nc,dent. Th~s ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of V~rgln~a Beach, V~rg~n~a on 20 day of August , 1984. APPROVED AS TO CO~"TE;IT JCM/ORD/I9 August 20, 1984 - 29 - Item II-I.4 CONSENT AGENDA ITEM # 22387 Upon motion by Councilwoman Henley, seconded by Councilman Baum, City Council ADOPTED an Ordinance, on SECOND READING, to transfer or increase FISCAL YEAR 1983-1984 appropriations within various departments. Voting: 10-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennlngs, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Counczl Members Voting Nay: None Council Members Absent: Nancy A. Creech August 20, 1984 - 29a- AN ORDINANCE TO TRANSFER OR INCREASE FISCAL YEAR 1983-1984 APPROPRIATIONS WITHIN VARIOUS DEPARTMENTS WHEREAS, unanticipated conditions caused the expenditures of various City budget units to exceed their appropriations, and WHEREAS, other budget units have excess appropriations or under estimated revenues in amounts greater than those budget units exceeding their appropriations, and WHEREAS, the City desires to reallocate appropriations and increase estimated revenues to alleviate the variance between expenditures and appropriations, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, that appropriations be raallocated or increased as follows: O__e_par tmen t / B u_d_~_e& Appropriation ___A_djus tment Finance: ----0-4-O-2-0-Ci t y Treasu re r l1061-Vlrginta Beach Transit $ + 20,264 $ - 20,264 Judicial: 06211-Juvenile Probation/Intake Unit 06213-Juvenile Probation/Field Unit 06212-Juvenile Probation/Diversion Unit + 16,200 + 20,800 - 37,000 Police: 09010-Police Chief's Staff 09027-Police Communications $ + 86,500 $ - 86,500 Public Works: 10311-Refuse Disposal 10312-Refuse Collection 10250-Traffic Design & Administration $ + 166,500 $ + 80,200 $ - 246,700 Parks and Recreation: llO12-Constructton & Maintenance ll061-Virginia Beach Transit $ + 24,200 $ - 24,200 Library_: Law ~ibrary Fund: 12011-Law Library Estimated Revenues $ + 5,100 $ - 5,1oo This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach on the 20 day of August FIRST READING ---~-13rlgg4 SECOND READING August 20, 1984 KAR/20RD14 19 84 . August 20, 1984 - 30 - Item II-I.5 CONSENT AGENDA ITEM # 22388 Upon motion by Councilwoman Henley, seconded by Councilman Baum, City Council ADOPTED an Ordinance, on SECOND READING, to accept and appropriate funds of $24,000 from R. G. MOORE BUILDING CORPORATION to Project #4-809 ROSEMONT FOREST PARK. Voting: 10-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor 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 August 20, 1984 - 30a- AN ORDINANCE TO ACCEPT FUNDS OF $24,000 FROM R. G. MOORE BUILDING CORPORATION AND APPROPRIATE THESE FUNDS TO PROJECT ~4-809 ROSENONT FOREST PARK ~tEREAS, the city has received a contribution of $24,000 from R. G. Moore Building Corporation for additional recreation facilities for Rosemont Forest Park, and I/~EREAS, officials of the Department of Parks and Recreation indicate that the funds can be used for the development of the park 8ice, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH chat the contribution of $24,000 frou R. C. Hoots Building Corporation be accepted and the funds be appropriated to the Parks and Recreation Capital Project Fund Project #4-809 Rosemont Forest Park. BE IT FURTHER ORDAINED that the appropriation be offset by an increase of $24,000 in local, miscellaneous revenue. This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on 20 day of . August , 1984. FIRST READING: SECOND READING: August 13, 1984 ~! August 20, 1984 JCM/ORD/ll August 20, 1984 - 3i - Item II-I.6 CONSENT AGENDA ITEM # 22389 Upon motion by Councilwoman Henley, seconded by Councilman Baum, City Council ADOPTED an Ordinance, on SECOND READING, to allocate additional positions and provide accompanying appropriation of $112,163 w~th a trans- fer from the General Fund Reserve for Contingencies of $35,232 to the CITY JAIL TREATMENT BUDGET. Voting: 10-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vmce Mayor 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 August 20, 1984 - 3la - ~ ORDINANCE TO ALLOCATE ADDITIONAL POSITIONS AND PROVIDg ACCOMPANYING APPROPRIATIONS TO THE CITY JAIL TREAT~NT BUDGKT WI/EREAS, a manpower study of Jail facilites funded by the State Department of Corrections indicated a need for additional personnel for the Virginia Beach Correctional Facility, and based on the study, the Sheriff indicated a need for seven additional positions (five Transportation Officers, one Physician's Assistant II, and one Classification Officer) for the City Jail Treatment Budget, and b41EREAS, the State Compensation Board, in its state reimbur- seuent for Jail expenses which totals $874,031, approved the seven additional positions, and WHEREAS, the total city cost for the seven positions is $112,163 of which $76,931 will be supported by an increase in estimated revenue from the Commonwealth with the remainder of $35,232 to be transferred from the General Fund Reserve for Contingencies. NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRCINIA BEACH thaC seven additional positions be allocated to the FY 1985 City Jail Treatment Budget and that appropriations in the amount of $112,163 be added to Chis budget for the positions to be funded by an increase of $76,931 in estimated revenue from the Commonwealth and a transfer of $35,232 from the General Fund Reserve for Contingencies. This ordinance shall be effective from the date of its adop- tion, Adopted by the Council of the City of Virginia Beach, Virginia on 20 day of August , 1984. FIRST READING: SECOND READING: August 13, 1984 August 20~ 1984 August 20, 1984 - 32 - Item II-I.7 CONSENT AGENDA ITEM # 22390 Upon motion by Councilwoman Henley, seconded by Councilman Baum, City Council APPROVED an Ordinance, on FIRST READING, to accept a grant. totaling $13,977.00 from the DEPARTMENT OF CRIMINAL JUSTICE SERVICES and to appropriate these funds. Voting: 10-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor 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 August 20, 1984 - 32a- AN ORDINANCE TO ACCEPT A GRANT TOTALING $13,977.00 FROM THE DEPARTMENT OF CRIMINAL JUSTICE SERVICES AND TO APPROPRIATE THESE FUNDS. WHEREAS, the City Council is interested in improving services to delinquent children and reducing juvenile delinquency within the City of Virginia Beach and the State; and WHEREAS, a grant totaling $13,977.00 from the Virginia Department of Criminal Justice Services is available for these purposes; and WHEREAS, no local funds are required; and WHEREAS, the City of Virginia Beach is interested in acting as the grantee/sponsor for the Partners in Aftercare program which was begun as a volunteer program ~n the Court Services Unit. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH that funds from the above grant be accepted and $13,977.00 be appropriated to carry out the program as follows: Court Service Unit Partners in Aftercare Program $13,977.00 BE IT FURTHER ORDAINED that estimated revenue from the Federal Government be increased by $13,977.00 to finance the appropriation. This ordinance shall be effective from the date of adoption. the Adopted by the Council of the City of Virginia Beach on day of , 1984. FIRST READING: SECOND READING: August 20, !984 August 20, 1984 - 33 - Item II-I.8 CONSENT AGENDA ITEM # 22391 Upon motmon by Councilwoman Henley, seconded by Councilman Baum, C~ty Council ADOPTED an Ordinance authorizing and directing the City Manager to execute a COST PARTICIPATION AGRE~2~ENT with TURN KEY DEVELOPMENT, INC. and PUBLIC STORAGE, INC. for storm drainage off Holland Road. Voting: 10-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, V~ce Mayor 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 August 20, 1984 - 33a - AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A COST PARTICIPATION AGREEMENT WITH TURN KEY DEVELOPMENT, INC. AND PUBLIC STORAGE, INC. FOR STORM DRAINAGE OFF HOLLAND ROAD WHEREAS, Turn Key Development, Inc. and Public Storage, Inc. are developing certain property along Holland Road in the Przncess Anne Borough, and WHEREAS, on February 27, 1984, C~ty Council granted the developers a condzt~onal use permit for m~nt-warehouse storage untts subject to certain tmprovements to the property ~ncludzng proper p~ptng of a dztch along the stde of the property adjacent to Holland Elementary School, and WHEREAS, the ctty desired the p~ptng to provtde storm drainage off Holland Road and desires to enter znto a cost part,ctpat~on agreement to pay 50% of the cost of ~nstal[at~on of the storm drainage system, and WHEREAS, the total project cost ts esttmated at $61,885 and the city's share shall not exceed $30,943, and WHEREAS, the c~ty's share of costs may be charged to existing capital project 2-803 Holland Road - Phase III. NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that the City Manager is hereby authorized and directed to execute a cost participation agreement with Turn Key Development, Inc. and Public Storage, Inc. for a storm drainage system on the s~de boundary of the developers' property adjacent to Holland Elementary School. Sa~d agreement is attached hereto and the same is hereby approved. Th~$ ordinance shall be effective from the date of its adoptzon. Adopted by the Council of the C~ty of Vzrg~nla Beach, Twentieth August V~rgin~a on day of , 1984. JCM/ORD/22 August 20, 1984 - 33b - AGREEMENT THIS AGREEMENT made this ~~ day of ~_~_~ . , 19~_~, by and between PUBLIC STORAGE, INC., a California corporation (hereinafter referred to as 'Contract Owner') and TURN KEY DEVELOPMENT, INC., a Virginia corporation (hereinafter referred to as 'Owner') and the CITY OF VIRGINIA BEACH (hereinafter referred to as 'City'). W I T N E S S E T }{: WHEREAS, the Owner is the fee simple owner of approximately 2.640 acres as shown on the composite map of William W. Robertson property, which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 123 at page 30 and commonly known as 3380 Holland Road, Virginia Beach, Virginia~ and WHEREAS, Contract Owner has contracted for said parcel from Owner; and WHEREAS, on February 27, 1984, the City Council of Virginia Beach, Virginia granted to the Owner and Contract Owner a conditional use permit for mini warehouse storage units subject to Contract Owner making certain improvements to the Property as pertains to drainage thereon. NOW THEREFORE, in consideration of the mutual benefits accruing or to be accrued to the parties, the Contract Owner, with the consent of Owner hereby convenants for themselves, their heirs, assigns and successors in title, that: 1. The Contract Owner will install or have installed the drainage system as shown on the site plan August 20, 1984 - 33c - · · · release for final occupancy· It is further expressly understood and agreed that this Agreement is to be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, same to be indexed in the Index to Deeds under the Owner and Contract Owner's names entitled Plat Plan (C-l) of Property of Turn Key Development Inc. (D.B. 1971, P. 516) Holland Road Site, Princess Anne Borough, Virginia Beach, Virginia, for Public Storage, Inc. on file in the City Engineer's Office, Public Works Department, City of Virginia Beach, dated December 5, 1983. The Contract Owner will pay 100% of the cost of and installation of the 42-inch concrete drainage pipe on the rear property line of said property as shown on said site plan. The Contract Owner and City will each pay 50% of the cost of installation of the storm drainage system on the side boundary of said property adjacent to Holland Elementary School as shown on the aforesaid site plan. In no event shall the City's share of the cost of the installation, including material, exceed 50% of the Engineer's Estimate of Construction Cost dated May 29, ]984 attached hereto. . Installation of both side and rear drainage systems shall be done in conjunction with development of the Public Storage site and completed prior to -2- August 20, 1984 - 33d - APPROVED AS TO CONTENT ~. R. Trueblood, City Engineer A OVED AS TO~ RM% STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: the undersigned Notary Public in and for the City and State aforesaid, do certify that Sterling W. Thacker, whose name as president of Turn Key Development, Inc., is signed to the foregoing writing bearing date on the 19 $'< has acknowledged the same before me. GIVEN under my hand th is~. day of STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: My Commission ! / I, the undersigned Notary Public in and for the City and Jam~s Ben Hocks, Attorney in fact for State aforesaid, do certify that Richard F. Stalzer¢ V.P. , whose name as Vice Presidentof Public Storage, Inc., is signed to the _ foregoing writing bearing date on the ~.~_~day of 19_~, has acknowledged the same before me. GIVEN under my' hand this ~,.5~,~ay of (48.23) -4- August 20, 1984 - 33e - as Grantors and the City's name as Grantee. It being specifically understood, convenanted, and agreed that this Agreement may be enforced by the City, it successors, and assigns and shall constitute a lien on the property and run with the land. IN WITNESS WHEREOF, the Owner and Contract Owner have caused this Agreement to be executed and the City of Virginia Beach by its City Manager and attested to by its City Clerk, duly authorized. TURN KEY DEVELOPMENT, INC. St~erlin~. Thack6r, Pres ide~t PUBLIC STORAGE, INC. CITY OF VIRGINIA BEACH ATTEST BY -~homas H. 'MUehien6edk, City Manager .(SEAL) Ru~h'Hddges Smidh, city Clerk -3- August 20, 1984 FOAM NO. DC$ I · - 33f - ' Eb-rlMATE ON. Public Storage/Turn Key Develop~nt SH£~-r NO. 1 of · ~ ............... C~1~ I I ' ~moR ,~ / MATERIAl. QUANTITY UNiT UNIT ii Adjust Existing 42" RCP at Holland Road Outfall for Positive Drainage 16 L.F. 75.00 1,200 O0 Brick Collar Tie Into Existing 42" RCP 2 Ea. 120.00 240 O0 ~move 3 F.E.S. 3 Ea. 120'00 .360 O0 , In~ll Std. Virginia Beach YDI 2 Ea. 1,O00 2,000 O0 In tll 42" RCP 595 L.F. 55.00 32,725 O0 Manhole (MH-1) 1 Ea. 1500 1,500 O0 , , Grade Seed and Fertilize Distur~d Areas m m by ~nstruction 1 L.S. 1,250 O0 Provi de "Select" Fill for Beddlng, ~paction ' ' and Installation 2430 C.Y. 7.00 17,010 O0 *~move Sedi~ntation fr~ Existing 42" RCP and Dispose Off-site 1 L.S. 2,800 O0 m m m m m m *Undercut and Disposal of Unsuitable Material 400 C.Y. 7.00 2,800 O0 m m m mm m , Tq~ Cost o f P~oJ ect . . ~'1,885 O0 , , .... ~is esti~te is for piping of the ditch along m mm the side boundary of the public storage site cn m mm m l m Holland Road· City's share shall not exceed m mm m 30,~2.50 , , m m m ~OveF for Page 2) . August 20, 1984 I / '' - 33g - · ~o...'o. oc.s I Pa ge 2 £STIMA' ON Public Storage/Turn Key 0evelopment SHEET NO.. /' QUANTITY UNIT UNiT COlT COST ~- MATERIAl. MATIRIAL. MAT[RIAl- LUMP , _ i l Civil Engineer ~These two items may be partially or done entirely by the i, VDH&T, Holland Road,Phase III Project and th~ costs actually incurred by the developer. i i i i , i m mm i ,i, 'w ' ,-, ,, , I i i - mmm i m mm m m m m m m m m m m m m August 20, 1984 - 34 - Item II-I.9 CONSENT AGENDA ITEM # 22392 Upon motion by Councilwoman Henley, seconded by Councilman Baum, City Council ADOPTED an Ordinance to authorize a temporary ENCROACHMENT into a portion of the right-of-way of North Birdneck Road and Blue Bird Drive, to GLENEAGLE ASSOCIATES, mts assigns and successors in title. This Encroachment will be suboect to the following conditions: 1. The owner agrees to remove the encroachment when notified by the City, at no expense to the City. 2. The owner agrees to keep and hold the City free and harmless of any liability as a result of the encroachment. 3. The owner agrees to maintain this encroachment so as not to become unsightly or a hazard. 4. The owner must submmt and have approved a traffic control plan before commencing work within the City's right-of-way. 5. A hmghway permit must be obtained and a bond posted prior to commencing work within the City's right-of-way. 6. No open cut of a public roadway shall be allowed except under extreme circumstances. Such exceptions shall be submitted to the Highway Division for final approval. 7. This encroachment shall not be in effect until an agreement has been executed encompassing the above conditions. Votmng: 10-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Lou~s R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Votmng Nay: None Council Members Absent: Nancy A. Creech August 20, 1984 - 34a - AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE RIGHT-OF-WAY OF NORTH BIRDNECK ROAD AND BLUE BIRD DRIVE, TO GLENEAGLE ASSOCIATES, ITS ASSIGNS AND SUCCESSORS IN TITLE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in Section 15.1-893, Code of Virginia, 1950, as amended, the Gleneagle Associates, its assigns and successors in title is authorized to construct and maintain a temporary encroachment into a portion of the City right-of-way of North Birdneck Road and Blue Bird Drive. That the temporary encroachment herein authorized is for the purpose of constructing and maintaining a private 2" sanitary sewer force main to service the Gleneaqle Apartments and that said encroachment shall be constructed in accordance with the City of Virginia Beach Public Works Department's specifications as to size, alignment and location, and further that such temporary encroachment is more particularly described as follows: An area of encroachment into a portion of the City's right-of-way known as North Birdneck Road and Blue Bird Drive, as shown on that certain plat entitled: "SAN. FORCE MAIN FOR GLENEAGLE GREEN APTS, VA. BEACH, VA., PLAN "A"," a copy of which is on file in the Virginia Beach Department of Public Works and to which reference is made for a more particular description. PROVIDED, HOWEVER, that the temporary encroachment herein authorized shall terminate upon notice by the City of Virginia Beach to any officer of Gleneagle Associates, its assigns and successors in title and within thirty (30) days after such notice is given, said encroachment shall be removed from the City right-of-way of North Birdneck Road and Blue Bird Drive by the Gleneagle Associates and that the Gleneagle Associates, its August 20, 1984 - 34b - assigns and successors in title shall bear all costs and expenses of such removal. And PROVIDED FURTHER, that it is expressly understood and agreed that the Gleneagle Associates, its assigns and successors in title shall indemnify and hold harmless the City of Virginia Beach, its agents and employees from and against all claims, damages, losses, and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arisinq out of the location or existence of such encroachment; and PROVIDED FURTHER, this ordinance shall not be in effect until such time that the Gleneagle Associates executes an agreement with the City of Virqinia Beach encompassing the afore-mentioned provisions and other provisions deemed appropriate by the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia, on the 20 day of August , 19 84. MES/re 8/2/84 (29D) APPROVED AS TO CONTENT -- III I J DEPARTMENT , / CI~ ATTO~rY --2-- August 20, 1984 - 34c - ~,.c ~ ~ V,~. ~O~ CO~ AOKI~S AND ASSOCIAVE S 4740 ALIClA DR 804 490-2200 JOeN. 84-1& August 20, 1984 - 35 - Item II-I.10 CONSENT AGENDA ITEM # 22393 Upon motion by Councilwoman Henley, seconded by Councilman Baum, City Council APPROVED a Raffle Permit for the following: PRINCESS ANNE PLAZA GARDEN CLUB Voting: 10-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, V~ce Mayor 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 August 20, 1984 - 36 - Item II-I.11 CONSENT AGENDA ITEM # 22394 Upon motion by Councilwoman Henley, seconded by Councilman Baum, City Council ADOPTED an Ordinance authorizing Tax Refunds in the amount of $1,125.68 upon application of certamn persons and upon certification of the Treasurer for payment. Voting: 10-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Hemschober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Councml Members Voting Nay: None Council Members Absent: Nancy A. Creech August 20, 1984 8/3/84 EMC AN ORDINANCE AUTHORIZING TAX REFUNDS LJPON AI]PLICATION OF CERTAIN PERSONS ANI) LII*ON CF-RrlFI(]AIION OF I-I-IE TREASURER I Oil I-'AYMEN'I' II ()III'}AINI 1) I:~Y IIII:_ COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA the follow~ng al)pllcal.~ons for tax ~efu~ds upon certification of the Treasurer are hereby approved: 'F,~'¢ 1 ype T~clcet Exo,era- Date Penalty Int. I,IAI I[ Ye,w of Tax Number t~on No. Pa~d Dam Neck Properties United Virginia Mort Co Fred B & Christie Doss Deborah H Schoner Donna J McGowan James Turner Albert H Si ebel /\lberL II S~ebel L Terrie Alexander 84 84 84 83 83 83 81 82 N/A RE(2/2) 96044-5 6~5~84 RE(l/2) 69284-1 12/5/84 Pp 423~_8-5 6/5/84 PP i25875-6 7/16/84 PP 94173-3 3/12/84 PP 194323-9 6/20/84 PP 109819 5/26/81 PP 114983-4 6/5/82 Pkng 65347 7/27/84 Total 98.56 260.17 371.28 5.54 35.77 14.78 1 59.30 170.28 10.00 Total 1,125.68 l'll~s ordinance shall be effective from date of adoption 'FI~o above abatement(s) totaling ___~_~125.6_¢ __ were approved by tl~(~ Cot~nc~l of the City of Vllglnla 13each ol~ the 20 clay of A_qg_ust ~984 Ruth Hodges Smith City Cle~k CCrt~f~d as to paymect, J ~~T ~[J( I n son, T reas u rer Ap irove/~ as to form ' Iale Bimf, on, Cit/Ai-t;;;-e-~ / August 20, 1984 - 37 - Item II-I.12 CONSENT AGENDA ITEM # 22395 Upon motion by Councilwoman Henley, seconded by Councilman Baum, City Council ADOPTED an Ordinance authorizing License Refunds in the amount of $4,067.52 upon application of certain persons and upon certification of the Commissioner of the Revenue. Voting: 10-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennlngs, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor 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 August 20, 1984 , I - 37a- AN ORDINANCE AUTIIORIZING LICENSE REFUNDS UPON APPLICATTON OF CERTAIN PERSONS ANI) U]"(.)N ('I':R'[' [/,' I (_'A'I' 1 ON O1" 'J'IIE COMM.i 01" 'Fill,; REVi':N[IE : 13t;i ['U ORIIA'INED BY 'J'IIE COUNCIl, OF TIlE CT'['Y OF VIP, G1N]A BI.lAC}I, VIRGINIA: That the following applications for license refunds, upon certificatJor A NI I.: I,'[ CEN S I,: DA'[' YI,:AR PA_I 1) BASE Mid-Atlantic Energy Consultants 613 Pinetree Drive Va. Beach, VA 23452 1982/83 PENAIjTY 1Nq' . TOTAl Namnl Corp. 1370 Baker Road Va Beach, VA 23455 Audit 219.40 219.40 1979/83 Audit 974.23 974.23 Norris Air Conditioning, inc. ]2600 Automobile Blvd. (' I o,~rwat-eF, FI, 33520 1984 7/[2/84 173.311 17 1. ~,['t Rayco, Lnc. I'. O. Box 5646 Va. Beach, VA 23455 1980/83 Audit 978.32 978.32 21s~ Century Auto Machine Corp. 1428-A Southern Blvd. u_n.. Beach, VA 23454 1982/83 Audit 334'65 . 33A.65 Certified as to Payment: ) lvan D. Commissioner of Revenue Approved as to form: ~'. DaZe Bimson ~ity Attorney The above abatement(s) totaling $ 2,679.98 cotlnci] of thc~ City of Virginia Beach on the 20 were approved by the day of August Ruth Hodges Smf%h C~ty Clerk August 20, 1984 - 37b- AN (}RI) INANCI'; AUTIIOI{.[ZING LICENSE REFUNDS UPON AT)PI,'ICATION O1" CF, I~'i'A]N ]~]",Rf;ONf; ANI) Ill'ON (:I';WL' Il" ICA'[' ION Oi" 'fill'; COMMJ OF Tilt'; RFiVI'iN[J]': ORI3~[NED BY Will': ('OUNC.[I, O1" 'J'llI'l C'I'['Y O1" Vll~GINJA t)J~ACtI~ VLRG[NJ~: followinq applications for license refunds, upon certification f, L CI,IN S 1:: I-)AT¥': %blI' Y I.:AR PAl D BASE PENALTY ]'NT . TOTAl. ABC Prlntin9 Co., Inc. 207 Pennsylvania Ave. Va. Beach, VA 23462 Brlnson, C. S. and Robe:son, W. L,. 'I'/A l{ & 1{ Construction _[669 New York Ave. ba. Be~ch, VA 23454 917 Cardinal Road Va. Beach, VA 23451 Mills, Charles T/A The Colonial Sub 5428 Pepper Place v~_ Beach, VA 23464 1982/83 Audit 1,060.23 1,060.23 /983 1_0/7/83 282.00 '. 282.00 1981/83 Audit 36 . 49 36 . a9 1983/84 Audit 8.82 ~. 82 Approved as to form: 4 ? Attorney ' The above abatement(s) totaling $ 1,387.54 were approved by the council of the City of Virginia Beach on the 20 day of August i{uul~ }Iodges Sm'~th City Clerk August 20, 1984 - 38 - Item II-K.1 NEW BUSINESS ALTERNATIVES FOR CONSIDERING TAX-EXEMPT PROPERTY ITEM # 22396 David Grochmal, Assmstant City Manager for Intergovernmental Relations, presented to City Council various ALTERNATIVES for considering TAX- EXEMPT Property. These alternatives are as follows: 1. Allow the General Assembly to act on requests without City Council endorsement based upon its own law and the Constmtution. 2. Establish criteria locally incorporating those estab- lished · n the State Code which includes a public hearing on all applications for tax exemptions. 3. Incorporate criterma established in the State Code, but add addmtlonal items adopted locally by City Council. 4. Some combination of one through three above, but also include property s~milar to that declared exempt under the previous constitution. This report was prepared with the assistance of Jerald Banagan, Real Estate Assessor, and Gary Fentress of the City Attorney's Office. Councilwoman Oberndorf referenced a "rough" l~st of taxable property in Vir- ginia Beach owned by non-profit organizations, prepared by the City Real Estate Assessor. Councilwoman Oberndorf noted a rather large total tax loss over a five-year period, if these organizations were to ask for tax-exemption. (Said list is hereby made a part of the record). John Griffin, representing the United Way Family Center, described the services of his organization, and their ENDORSEMENT of Alternative No. 2, which would allow their organization to be tax-exempt. City Council complzmented David Grochmal on his presentation (a copy of which ms hereby made a part of the record). August 20, 1984 - 39 - Item II-K.2 NEW BUSINESS LEGAL ADVERTISING ITEM # 22397 Upon motion by Councilman Jennmngs, seconded by Councilman Robert Jones, City Council APPROVED legal advertising mn the VIRGINIA BEACH SUN NEWS, with an abbreviated listing mn the legal advertmsing section of THE BEACON (abbre- vmated lmsting to be prepared by the City Clerk). Voting: 11-0 Council Members Votmng Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennmngs, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None Councilwoman Henley requested the City Manager conduct survey by means of CABLE TV CHANNEL 29 to determine readership of Legal Advertising. August 20, 1984 - 40 - Item II-K.3. NEW BUSINESS BOND REFERENDUM ITEM # 22398 Sheridan Barber, President of the Red Mill Civic Organmzatlon, spoke concerning inclusion of a school in the BOND REFERENDUM to be located in the General Booth Area. Upon motion by Councilman Jennings, seconded by Councilman McCoy, City Council DEFERRED until the City Council Meeting of August 27, 1984, the following Ordinances, on FIRST READING, authorizing a BOND REF- ERENDUM for the November 1984 Ballot: ORDINANCE AUTHORIZING THE ISSUANCE OF SCHOOL BONDS OF THE CITY OF VIRGINIA BEACH, VIRGINA, IN THE MAXIMUM AMOUNT OF $22,150,000 SUBJECT TO THE APPROVAL OF THE QUALIFIED VOTERS. ORDINANCE AUTHORIZING THE ISSUANCE OF STREET AND HIGHWAY BONDS OF THE CITY OF VIRGINIA BEACH, VIRGINIA, IN THE MAXIMUM AMOUNT OF $36,000,000 SUBJECT TO THE APPROVAL OF THE QUALIFIED VOTERS. ORDINANCE AUTHORIZING THE ISSUANCE OF WATER AND SEWER BONDS OF THE CITY OF VIRGINIA BEACH, VIRGINIA, IN THE MAXIMUM AMOUNT OF $14,500,000, SUBJECT TO THE APPROVAL OF THE QUALIFIED VOTERS. If approved upon FIRST READING, a Special Meeting will be called for a SECOND READING. Voting: 6-5 Council Members Voting Aye: John A. Baum, Nancy A. Creech , Robert E. Fentress, Mayor Harold Heischober, H. Jack Jennings, Jr., and J. Henry McCoy, Jr., D.D.S. Councml Members Voting Nay: Barbara M. Henley, Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and Meyera E. Oberndorf Council Members Absent: None August 20, 1984 -41 - Item II-K.4 NEW BUSINESS JOINT MEETING ITEM # 22399 ADD ON By CONSENSUS, City Council SCHEDULED a JOINT MEETING with the PLANNING COMMISSION on Thursday, August 30, 1984, at 7:00 p.m. August 20, 1984 - 42 - Item II-K.5 NEW BUSINESS TRT PRESENTATION ITEM # 22400 ADD ON By CONSENSUS, City Council SCHEDULED for Monday, August 27, 1984, at 4:30 p.m., a presentation by the TIDEWATER REGIONAL TRANSIT reference a railroad proposal. August 20, 1984 - 43 - Item II.L.1 ADJOURNMENT ITEM # 22401 Upon motion by Councilman Baum, seconded by Councilman Jennings, City Council ADJOURNED the meeting at 6:30 p.m. Votmng: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Beverly~O. Hooks Deputy City Clerk R6th Hodges Smith, CMC City Clerk ~¢)bcr City of Virginia Beach Virginia /bh