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MARCH 12, 1984 MINUTES City e>f Virgi1ìia Beach "WORLD'S LARGEST RESORT CITY" CITY COUNCIL MA YOR LOUIS R. JONES, Bayside Borough VICE.MA YOR BARBARA M. HENLEY, Pungo Borough JOHN A. BAUM. Blackwater Borough NANCY A. CREECH. At Large HAROLD HEISCHOBER, At Large H. JACK JENNINGS, JR.. Lynnhaven Borough ROBERT G, JONES, At Large W. H. KITCHIN. III, Virgin'" Beach REBA S. McCLANAN, Princess Anne Borough I J. HENRY McCOY, jR., Kempsville Borough MEYERA E. OßERNDORF, At Large RUTH HODGES SMITH, CMC. City Clerk 212 CITY HALL BUILDING MUNICIPAL CENTER VIRGINIA BEACH, VIRGINIA 23456 (804) 427 -4303 CITY COUNCIL AGENDA March 12, 1984 ITEM I. INFORMAL SESSION: 11:00 a.m. A. CAll TO ORDER - Mayor louis R. Jones I B. ROll CAll OF COUNCil C. MOTION TO RECESS INTO INFORMAL/EXECUTIVE SESSION D. PRESENTATION 1. 1984 Tourist Advertising Campaign Counci I Chambers by Po I i zos Agency E. DISCUSSION OF PERTINENT MATTERS 1. Matters for discussion by Mayor. 2. Matters for discussion by Council. I F. CITY MANAGER'S ADMINISTRATIVE ITEMS 1. Sanctuary of Ti dewater - Discuss i on of request for $5,000 appropriation 2. Review of Consent Agenda I I I ITEM II. FORMAL SESSION: 2:00 p.m. A. INVOCATION: Reverend James A. Meads, Jr. Suburban Christian Church B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA C. ELECTRONIC ROLL CALL OF COUNCIL D. MINUTES OF PREVIOUS MEETING: 1. Motion to accept/approve the Minutes of March 5, 1984. E. CONSENT AGENDA A II matters listed under the Consent Agenda are cons i dered in the ordinary course of business by City Counci I and wi II be enacted by one motion in the form listed. There will be no separate discussion of these items. If discussion is desired, that item wi II be removed from the Consent Agenda and considered separately. 1. Resolution requesting advance payment from Compensation Board for constitutional officers. the State 2. Resolution authorizing conversion of a nonconforming use at 4852 Cleveland street (property of Coley and Mitchell Dunbar) pursuant to Section 105(e) of the Comprehensive Zoning Ordinance. 3. Ordinance, on SECOND READING, to appropriate funds $25,000 to the Sheriff's Office for travel expense. of 4. Request of Char I emagne Assoc i ates, I nc., deve I oper of Charlemagne by the Bay Condominiums, for an encroachment onto a publ ic pedestrian access easement. CTh is matter was deferred on February 6, 1984 for 30 days. The app I i cant's attorney has requested a deferra I for an additional 30 days.) 5. Ordinance to authorize a temporary encroachment into a portion of an unnamed City right-of-way to PHP Enterprises, Inc., its assigns and successors in title. 6. Ordinance to authorize a temporary encroachment into a portion of the right-of-way of Rodriquez Drive and First Street to Pearlron Associates, assigns and successors in title. 7. Ordinance to authorize a temporary encroachment into a portion of an unnamed 20' City right-of-way to Runnington Investment Corporation. 8. Ordinance to authorize a temporary encroachment into a port i on of the right-of-way of Vi rg i n i a Avenue and Rudee Aven ue to Kenneth L. Seay Co. , I nc. , its ass i gns and successors in title. 9. Ordinance authorizing and directing the City Manager to sign and execute on behalf of the City a plat and deed to convey a 14.287-acre parcel located on Salem Lakes Boulevard to the School Board of the City of Virginia Beach. 10. Ordinance to authorize acquisition of property in fee simple for right-of-way for Bonney Road Outfall - Easements and the acquisition of temporary and permanent easements of right- of-way, either by agreement or by condemnation. i-~~-- I I I ITEM I 1. E. F. CONSENT AGENDA <CONT'D) 11 . Raffle Permits: Kingston P.T.A. Pembroke Manor United Church of Christ 12. Request of the City Treasurer for tax refunds in the amount of $1,262.18. PLANNING 1. FINAL APPROVAL for closing, vacating and discontinuing all of the portions of Race Street, Poplar Street and Third Street and the eastern half of Pine Street in the petition of Runnymede Corporation (Lynnhaven Borough). (On February 6, 1984, Counci I gave prel iminary approval for the closure of portions of Pine Street, Poplar Street, Third Street and Race Street; however, the Viewers now recommend that only the eastern half of Pine Street be closed and all of the portions of Race, Poplar and Third Streets be closed.) a. Letter from the City Manager transmits the recommendation of the Planning Commission, and the Viewers concur, for approval. 2. Ordinance to amend and reordain Section 8.2 of the Subdivision Regulations of the Code of the City of Virginia Beach, Virginia, pertaining to permit and inspection fees. a. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. 3. Appl ication of Molin Associates for a change of zoning from A-1 Apartment District to 0-1 Office District on a 10,500- square foot parcel located along the north side of Virginia Beach Boulevard, east of Crawford Place (Lynnhaven Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. 4. Appl ications of Frederick P. Aucamp for a change of zoning from R-6 Residential District to A-2 Apartment District on a 1 . 002-acre parce I located on the north side of 24th Street, east of Barberton Drive; AND, a change of zoning from A-1 Apartment District to A-2 Apartment District on a 4,375-square foot parcel located on the south side of 25th Street, east of Barberton Drive (Lynnhaven Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for approval of these appl ications. 5. Appl ication of Frederick P. Aucamp and Harry L. Brown for a change of zoning from B-1 Business-Residential District to A-1 Apartment District on a 15,000-square foot parcel located at the northeast corner of Level Green Boulevard and Gunsmith Road (Kempsvi lie Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for approva I . I I I ITEM I 1. F. G. H. I . J. PLANNING <CONT'D) 6 Appl ications of Grayson Whitehurst, Jr./Scott Development Company for a change of zoning from R-4 Residential District to 0-1 Office District on a 3.1-acre parcel located on the west side of First Colonial Road, north of Camelot Drive; AND, a change of zoning from R-5 Residential District to 0-1 Off ice D i str i ct on a 1. 31-acre parce I located on the south side of First Colonial Road (Lynnhaven Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for approval of these appl ications. 7. Appl ications of Grayson Whitehurst, Jr./Scott Development Company for a change of zoning from R-4 Residential District to A-2 Apartment Distirct on a 3.5-acre parcel located west of First Colonial Road and north of Camelot Drive; AND, a change of zoning from R-5 Residential District to A-2 Apartment D i str i ct on a 2. 8-acre parce I located south Of First Colonial Road (Lynnhaven Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for approval of these appl ications. 8. Appl ication of Community Alternatives, Inc. for a conditional use permit for a fami Iy care home (summer hol iday and respite home for developmentally disabled individuals) on a 6,625-square foot parce located at 113 53rd Street (Lynnhaven Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for approva I . APPOINTMENTS 1. Virginia Municipal League Standing Committees 2. Virginia Beach Task Force on Youthful Substance Abuse UNFINISHED BUSINESS 1. Resolution requesting the Southeastern Virginia Planning District Commission to consider the Southeastern Freeway for inclusion and adoption in the Southeastern Virginia Regional 2000 Highway Needs Study. 2. Flood Plain Maps and Ordinance - Discussion NEW BUSINESS 1. Request of C. L. Pincus, Jr. for two access points onto London Bridge Road ADJOURNMENT 1. Motion to adjourn , , , M I NUT E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia March 12, 1984 The Regular Meeting of the Council of the City of Virginia Beach, Virginia, was called to order by Mayor Louis R. Jones in the Conference Room, City Hall Building, on Monday, March 12, 1984, at Eleven O'Clock in the morning. Council Members Present: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, W. H. Kitchin, III, Reba S. McClanan, and Meyera E. Oberndorf Council Members Absent: Robert G. Jones*, J. H~nry McCoy, Jr., D.D.S* Note: Councilman Jones entered the Informal Session at 11:20 a.m. Councilman McCoy entered the Formal Session at 2:00 p.m. March 12, 1984 - 2 - ITEM It 21512 Mayor Jones entertained a motion to permit Council to conduct its INFORMAL SESSION to be followed by an EXECUTIVE SESSION pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purpose: 1. PERSONNEL MATTERS: Discussion or consideration of employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of public officers, appointees or employees. Upon motion by Councilman Baum, seconded by Vice Mayor Henley, City Council voted to proceed into the EXECUTIVE SESSION following the INFORMAL SESSION. Voting: 8-0 Council Members Voting Aye: John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, W. H. Kitchin, III, Reba S. McClanan, and Meyera E. Oberndorf. Council Members Voting Nay: None Council Members Absent: Nancy A. Creech, Robert G. Jones, and J. Henry McCoy, Jr., D.D.S. March 12, 1984 , f , , , , - 3 - PRE S EN TAT ION S ARBOR DAY ITEM II 21513 City Arborist Roger R. Huff presented Members of the Virginia Beach City Council with packets containing two (2) Pine Seedlings and Crepe Myrtle seeds. Friday, March 9, 1984, was ARBOR DAY and for the fourth year in a row, the City of Virginia Beach received the "TREE CITY USA AWARD". The Virginia Beach Council of Garden Clubs distributed 7,000 trees to the Virginia Beach School District. At a display in Lynnhaven Mall, 2,000 pine seedlings and 16,000 crepe myrtle seeds were disbursed to the public for a total of 25,000 trees and seeds distributed. 1984 VIRGINIA BEACH TOURIST ADVERTISING CAMPAIGN ITEM il 21514 Director of Economic Development James DeBellis,in conjunction with Cliff Korradi of the POLIZOS AGENCY, presented a film in the City of Virginia Beach Council Chambers concerning the City's 1984 SPRING/SUMMER TOURIST ADVERTISING CAMPAIGN via magazines, newspapers, billboards, radio and television. One special phrase was emphasized throughout _. "VIRGINIA BEACH - THE BEACH LOVER'S BEACH". The campaign further reinforced the idea that Virginia Beach is for people of all ages and all walks of life. The campaign also centered around special broadcast music that derived its rhythmic cues from a musical style visitors to the Beach might have danced to years ago. A TOLL FREE NUMBER to the Visitors Center will be prominent in all advertisements. In response to requests, a new mailing envelope and label design will be an integral part of the advertising message. For this purpose, a colorful new format -- the VIRGINIA BEACH BAG -- has been designed. The same concept has been developed into a label format when materials are to be sent in a larger envelope. When the prospective visitor opens this BAG OF FACTS, a new more colorful tourist brochure will be inside. The Media objectives for the 1984 campaign are to broaden the market base, to increase impact to primary markets and to develop new strategies to maximize the budget. March 12, 1984 - 4 - MAT T E R S B Y C 0 U N C I L LONG CREEK MARINA ITEM II 21515 Councilman Jennings referenced an agreement with the Corps of Engineers con- cerning the dredging of Lynnhaven Inlet in 1965. A portion of this agreement was in regard to the development of a City Marina which would be open to full utilization with equal opportunity for all. Councilman Jennings had been in- formed that the City had a waiting list on this particular facility. As a result, a very narrow segment of the populous is benefitting by this Marina. Councilman Jennings requested the City Manager to investigate the City Marina at Long Creek as to equal opportunity and cost effectiveness. Councilman Jennings suggested that perhaps a barter could be arranged every two years, so those on the waiting list could have the opportunity to use these marina slips. He suggested that any fixed costs; i.e., Virginia Electric and Power Company,might be distributed among the occupants of this Marina instead of the City paying all these expenses. There are also a number of vacant slips, and Councilman Jennings had been informed that their occupants use these slips only when the fishing season is in. COX CABLE BROADCASTING OF CITY COUNCIL MEETINGS ITEM II 21516 Councilman Jennings expressed concern as to whether or not the City is complying with all of the Federal Connnunications Connnission regulations concerning cable casting of City Council Meetings. Mayor Jones informed Councilman Jennings as per the reconnnendations of several Council Members, he had also requested the City Attorney to review the City's cable casting to determine if it is in compliance with FCC regulations. This report will be made available to Council next week. NATIONAL LEAGUE OF CITIES CONFERENCE ITEM 1121517 Councilman Jones reported that he attended the NATIONAL LEAGUE OF CITIES CON- FERENCE in Washington, D.C. last weekend and found it most informative. Council- man Jones discovered that we were not unique in our Flood Plain problems through discussions with representatives in Mississippi. President Ronald Reagan and Representative Wright from Texas addressed the convention concerning the needs of the Cities. The general tenure of this session in regard to the Federal def- icit and its impact on City funding should be noted, as well as emphasis on legis- lation in regard to cable and the statutes that are before Congress to preempt local jurisdiction and local control of the cable companies. The issue is whether they would be regulated at the Federal or State level. The cable industry has been able to put through this legislation, which has already passed the Senate and is now before the House Connnittee. A majority of the House Committee has signed on as sponsers of the legislation. Fortunately, the Chairman of the House Connnittee has been very sympathetic to the City's position. The National League of Cities, at their New Orleans' Meeting, decided unanimously to stop this Legislation and retain Jurisdiction within the localities to regulate the cable companies. A Connnittee had been appointed by the National League of Cities which will negotiate on behalf of the Cities with the Cable Industry representatives. March 12, 1984 , I , , , , - 5 - MAT T E R S BY C 0 UN C I L (continued) WATER COSTS/ LAKE GASTON ITEM II 21518 Councilwoman Oberndorf referenced a letter she wrote to the City Manager relating to concerns expressed by her constituents about the expected rise in water costs as a result of construction of the proposed Lake Gaston pipeline. She noted that one alternative proposed was to finance the pipeline by increasing the real estate tax rate in areas that are served by City water. The cost of water, as currently billed, is not Federal or State tax-deductible. The costs financed in this manner would result in a more significant monetary savings for our water customers. A tax of this nature should only be in effect during the life of the construction bonds, and should only be used to payoff the bonds. Councilwoman Oberndorf re- quested the City Manager to investigate the feasibility of such a system for financing the Lake Gaston project. (Councilwoman Oberndorf's letter to the City Manager is hereby made a part of proceedings). March 12, 1984 cS~¥""d'V II - Sa - City e>f Virgir:l.ia Beach MEYERA E. OBERNDORF COU N C I L WOM A N.A T.L A RG E 5404 CHALLEDON DRIVE VIRGINIA BEACH, VIRGINIA 23462 March 12, 1984 Mr. Thomas Muehlenbeck City Manager, City of Virginia Beach Dear Mr. Muehlenbeck: A number of my constituents have expressed concern about the expected rise in water costs as a result of the construction of the proposed Lake Gaston pipeline. Their concerns are so deep that I am concerned about the chances of a bond referendum held for this purpose. I One alternative that has been proposed is to finance the pipe- line by increasing the real estate tax rate in areas that are served by city water. Such a procedure, while not necessarily the most popular course, would have several advantages to the users of the water. The cost of water, as currently billed, is not federal or state tax deductable. The costs financed in this manner would be, resulting in significant monetary savings for our water customers. Businesses who are relatively small water consumers, but who benefit greatly from its availability to the rest of the city, would be greater participants in the cost of providing the water. The elderly and the handicapped who would be impacted greatly by a water rate increase, would be protected by the tax exemptions that we have already enacted. In order for the Council to evaluate this idea please have your staff look into the feasibility of such a system for financing this project. I would like to be provided with information on the costs to the taxpayers, potential tax savings for them, and the advantages and disadvantages from the staff perspective. I I would like to make it clear that a tax of this nature should only be in effect during the life of the construction bonds and should only be used to pay them off. Operating expenses should, in my opinion, remain in the rate base. ~' t. D Meyera E. Obernd~ rr'M~vnr.Mpmhpr~ n¥ ~nunril , , , - 6 - MAT T E R S BY C I T Y MAN AGE R COMMERCIAL FIRE INSURANCE RATES ITEM II 21519 The City Manager referenced a major reduction in Commercial Fire Insurance Rates effective April 1, 1984, which have been decreased to a Class 4, representing 10-11% decrease from Class 7. In a letter dated March 6, 1984, ISO Commercial Risk Services, Inc. notified the City Manager of their eval- uations. Improvements made by Public Utilities and the Fire Department in upgrading and adjusting to the community growth are worthy of note. (Letter of ISO Commercial Risk Services, Inc. is hereby made a part of the record.) SANCTUARY OF TIDEWATER APPROPRIATION ITEM if 21520 The City Manager noted that the SANCTUARY OF TIDEWATER requested a Five thousand ($5,000) dollar appropriation for the calendar year January 1 thru December 30. As per the request of Councilman Heischober at the INFORMAL SESSION of City Council on March 5, 1984, this appropriation was RESCHEDULED for dis- cussion at today's INFORMAL SESSION. Sanctuary of Tidewater has applied to the UNITED WAY and would be utilizing Citys Council's appropriation as "bridge money" until their request before the UNITED WAY is considered. Sanc- tuary of Tidewater has also made similar requests to Portsmouth, Hampton, Chesapeake, Newport News, and Norfolk for appropriations. They have requested approximately $35,000 in total contributions from the various cities. Director of Social Services Frances S. Elrod commented on Sanctuary of Tidewater's request and remarked that one of the main advantages is to be able to receive prenatal care. Councilwoman Creech commented on the credible reputation of this organization and beleived it should be funded, and not necessarily as a 'one time situation'. By CONSENSUS, Sanctuary of Tidewater's request for an appropriation was placed under NEW BUSINESS in the Formal Agenda. CONSENT AGENDA CONSTITUTIONAL OFFICERS ITEM tI 21521 Councilman Jones requested background information on Resolution requesting advance payment from the State Compensation Board for constitutional officers (See Item No. II.E.1 of the Formal Agenda). The City Manager noted that in the past we had been accumulating the expenses and requesting reimbursement, but as a result of legislation in 1983, we are now eligible to request those funds in advance and then provide an accounting. March 12, 1984 - 7 - MAT T E R S MAN AGE R BY C I T Y (continued) CHARLEMAGNE ASSOCIATES ITEM II 21522 Mayor Jones inquired as to whether the applicant in the request of Charlemagne Associates, Inc. for an encroachment onto a public pedestrian access easement had requested DEFERMENT (See Item No. II.E.4 of the Formal Agenda). The City Manager stated that the applicant's attorney had requested deferral for thirty (30) days. ADD-ON FALSE CAPE STATE PARK LEGISLATION ITEM II 21523 Vice Mayor Henley conunented that during the INFORMAL SESSION, she reviewed the Senate Bill approved on the False Cape State Park. She wished to ex- press her appreciation to David Grochmal, Assistant to the City Manager for Inter-governmental Affairs, for his hard work and persistence in seeing that some of the amendments that were not originally included in this Bill were now. (Senate Bill No. 359 - Virginia Code Section 10-21.3:2). RECESS INTO EXECUTIVE SESSION ITEM II 21524 City Council recessed into EXECUTIVE SESSION at 1:05 p.m. March 12, 1984 , f , , , , - 8 - FORMAL S E S S ION VIRGINIA BEACH CITY COUNCIL March 12, 1984 2:00 p.m. Council Members Present: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Absent: None INVOCATION: Reverend James A. Meads, Jr. Pastor Suburban Christian Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA March 12, 1984 - 9 - Item II-D. 1 MINUTES ITEM If 21525 Upon motion by Councilwoman Creech, seconded by Vice Mayor Henley, City Council APPROVED the Minutes of March 5, 1984. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M.Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr.,D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Abstaining: Robert G. Jones Council Members Absent: None March 12, 1984 , f , , , , - 10 - Item II-I CONSENT AGENDA ITEM II 21526 Upon motion by Councilman Baurn, seconded by Councilwoman Oberndorf, City Council APPROVED, in ONE MOTION, Items 1, 2, 3, 4*, 5, 6, 7, 8, 9, 'rb, 11, and 12 of the CONSENT AGENDA. *Item 4 was approved for DEFERRAL for thirty (30) days. Voting: 11-0 Council Members Voting Aye: John A. Baurn, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None March 12, 1984 - 11- Item II-E.1 CONSENT AGENDA ITEM il 21527 Upon motion by Councilman Baum, seconded by Councilwoman Oberndorf, City Council ADOPTED a Resolution requesting advance payment from the State Compensation Board for Constitutional Officers. , Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf I Council Members Voting Nay: None Council Members Absent: None I March 12, 1984 I I I - lla - A RESOLUTION REQUESTING ADVANCE PAYMENT FROM THE STATE COMPENSATION BOARD FOR CONSTITUTIONAL OFFICERS WHEREAS, the city must pay all operational expenses of constitutional officers in advance and seek subsequent reimbursement from the S-tate Compensation Board; and WHEREAS, Section 14.1-63 of the Code of Virginia as amended by Chapter 326 of the 1983 Virginia Acts of Assembly would permit advanced funding -to the city on a monthly pro-rata basis for opera- tions of constitutional officers; and WHEREAS, such advanced funding would help relieve the city of the financial hardship of paying the Commonwealth's share of the constitutional officers' expenses and then having to seek reimbursement. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: THAT the State Compensation Board is hereby respectfully requested to provide such advanced funding for the operational expenses of the Virginia Beach constitutional officers as is permitted by Section 14.1-63 of the Code of Virginia as amended by Chapter 326 of the 1983 Virginia Acts of Assembly. ADOPTED by the Council of the City of Virginia Beach on the Twelfth day of , 1984. March GGD:JDB:er 3-6-84 March 12, 1984 , , , - 12 - Item II-E.2 CONSENT AGENDA ITEM If 21528 Upon motion by Councilman Baum, seconded by Councilwoman Oberndorf, City Council ADOPTED a Resolution authorizing conversion of a nonconforming use at 4852 Cleveland Street (property of Coley and Mitchell Dunbar) pursuant to Section 105(e) of the Comprehensive Zoning Ordinance. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None March 12, 1984 I I I - 12a- RESOLUTION AUTHORIZING CONVERSION OF A NONCONFORMING USE AT 4852 CLEVELAND STREET (PROPERTY OF COLEY AND MITCHELL DUNBAR) PURSUANT TO SECTION 105(e) OF THE COMPREHENSIVE ZONING ORDINANCE WHEREAS, Coley Dunbar and Mitchell Dunbar, trading as AAA Heating and Cooling Company (the "Owners"), are the owners of that certain property (the "Property") known as 4852 Cleveland Street, Virginia Beach, Virginia, 23462, and more particularly described as Lots 33,34, 35, 36, 37, 38, 39, and 40, Block 60, Plat of Euclid, as shown on that certain site plan entitled "SITE PLAN 201 HORACE AVENUE & 4852 CLEVELAND STREET VIRGINIA BEACH, VIRGINIA," a copy of which is attached hereto and made a part hereof as Exhibit A¡ and WHEREAS, the Owners presently operate on the Property a facility for fabrication and manufacture of heating and cooling duct systems (the "Present Use")¡ however, the Present Use does not conform to the provisions of Article 9 C of the Comprehensive Zoning Ordinance (the "CZO") because manufacturing and fabrication facilities are not allowed in the B-3 Central Business District¡ and WHEREAS, the Owners desire to lease the Property to Simpson Equipment Corporation, a North Carolina corporation, for use as a truck equipment sales and installation facility (the "Proposed Use")¡ however, the Proposed Use does not conform to the provisions of Article 9 C of the CZO because truck equipment sales and installation facilities are not allowed in the B-3 Central Business District¡ and WHEREAS, the Owners have requested that the Present Use be converted to the Proposed Use¡ and WHEREAS, pursuant to Section 105(e) of the CZO, City Council may authorize conversion of an existing nonconforming use to another nonconforming use if Council finds that the proposed nonconforming use is equally appropriate or more appropriate to the zoning district than is the existing nonconforming use¡ and March 12, 1984 I I I - 12b - Council may attach to its approval such conditions and safeguards as it deems necessary to fulfill the purposes of the CZO¡ NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That City Council hereby finds that the Proposed Use, which is a nonconformity in the B-3 Central Business District, is equally appropriate or more appropriate to the zoning district in which it is to be located than is the Present Use¡ and City Council hereby authorizes conversion of the use of the Property from the Present Use to the Proposed Use. However, approval of this conversion is subject to the following condition: No outside storage of equipment shall be allowed, except for temporary storage of previously sold new equipment pending installation. Adopted by the Council of the City of Virginia Beach, Virginia, on March 12 , 1984. CJ 3/5/84 (2 ) -2- March 12, 1984 -l ~-I II ! I ~~~; , (e~1 I },~ I~I l V LO1':> \JoÞ,V'.V>M:.-'" \\J "(\::.\.\f;<", , 'J)R' ~ ~\..O\~Q TiJ ',j, )\... c:,\';,. \.IC-JC I \..O\~ ',^"',,"XF..O \t-.~ ~Qf'.~ \, !...\..\..Oit::O --;0 O\-'~-œ tb...1h '.;f-k. , . , \ 2. c:::. ["'.)' ,eø l'5 ,...-_. -- ,,:,', " " ~ p ~, 'CJ ~' ~ I r'J. 'r- ~,"I',"~,:',' ':..'1i ';:" f~ þ1 I ~I ~ ~, F~ ~ fA) A re fl- , IJ uJE.T¿$ 00 ~.~ ~ 0.,':' I-I ...----..,..--- ---'--"-- .------ - 12c - EXHIBIT A ----'- ~ \ T E PLt.-J,j ~C \ \ ,$)v.~Þ.,C,t:- þ(J E '~'l_~'t-- à- A.r ç:::- (\ r~\J- \ t j \ ,,-, c.\"r7r:-_', ~_\ . C -' L- .~ L-G. \::.- ,--Y' '---'../ ../ \ Ll.:.... \ \J\'t/(-'J\~' \\t':>... \j\é:~f -~~)J\~::.()\\ _M:~ ...----'-"--'- --_--I l:.... ~Ä&O\,-\ A. I ,...-- --,..,--- ._- (';r}'ý(j^.:.'l..L'I ~,^\ 'Æ'i2:\-..k)\--ì J.,'Jf:') \?L\J$. ._-- ~ to, -4 ,\ ~r LlJ ~; " ::--'>Ó} , uJ~ .--J J .. I );." , '-- - \i " " ~ ~ -\ 0 rz.AC E. , (to'Allén.'f jU:\'U:_".-t)l--~) À. \j Ç.. -- ,,' .....------- -.--...----' ...---... t-- ú> -+--~ ~ ù i 0 )-- ~ )( indicates areas surrounded by fence. -5- lA.J ; ~/~J h_~ ~_Þ~/2 March 12, 1984 1- , , , - 13 - Item II-E.3 CONSENT AGENDA ITEM If 21529 Upon motion by Councilman Baum, seconded by Councilwoman Oberndorf, City Council ADOPTED, on SECOND READING, an Ordinance to appropriate funds of $25,000 to the Sheriff's Office for travel expense. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None March 12, 1984 I I I ! .... z 0 v 0 t- V) . 0 &1.1 > 0 c! D- o. ct - 13a - ~ '< z ~ ¡¡:¡ AN ORDINANCE TO APPROPRIATE FUNDS OF $25,000 TO THE SHERIFF'S OFFICE FOR TRAVEL EXPENSE WHEREAS, during FY 84 the Sheriff's office was approved additional civil processor positions to accommodate the additional workload as a result of the closing of the High Constable's office, and WHEREAS, because of the increased activity, the Sheriff's office indicates the need for additional funds of $25,000 for the remainder of this fiscal year for travel expense, and WHEREAS, the State Compensa~ion Board has revised the allocation to the Sheriff's office and will reimburse this additional expense. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH that funds of $25,000 are hereby appropriated to the Sheriff's office for travel expense. BE IT FURTHER ORDAINED that the appropriation be offset by an increase in estimated revenue from the Commonwealth of : $25,000. Adopted by the Council of the City of Virginia Beach, Virginia on the Twelfth March 19 84 day of Public Hearing: March 5, 1984 March 5, 1984 First Reading: Second Reading: March 12, 1984 March 12, 1984 I , , - 14 - Item II-F. 4 CONSENT AGENDA ITEM II 21530 Upon motion by Councilman Baum, seconded by Councilwoman Oberndorf, City Council DEFERRED for thirty (30) days the Request of Charlemagne Associates, Inc., developer of Charlemagne by the Bay Condominiums, for an encroachment onto a public pedestrian access easement. (Plat of Pedestrian Access Easement, Memorandum from Patrick H. Annas from the Real Estate Department of the City of Virginia Beach dated March 8, 1984, letters dated March 7, 1984 from John R. Swanberg, President of Charlemagne Associates, Inc. and Elwood C. Isley,Jr., Attorney, for Charlemagne Associates requesting deferment are hereby made a part of the record). Voting~ 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None March 12, 1984 - 15 - Item II-E.5 CONSENT AGENDA ITEM II 21531 Upon motion by Councilman Baum, seconded by Councilwoman Oberndorf, City Council ADOPTED an Ordinace to authorize a temporary encroachment into a portion of an unnamed City right-of-way to PHP Enterprises, Inc., its assigns and successors in title. , This encroachment is subject to the following conditions: 1. The owner agrees to remove this encroachment when notified by the City within thirty days 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 this encroachment. 3. The owner agrees to maintain said encroachment so as not to become unsightly or a hazard. 4. The owner agrees to obtain a highway permit and post a bond. 5. The owner agrees to submit an open-cut request and a traffic control plan. 6. This encroachment shall not be in effect until an agree- ment has been executed encompassing the above. I Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None , March 12, 1984 I I I -15a - AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF AN UNNAMED CITY RIGHT-OF-WAY TO PHP ENTERPRISES, INC., 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 PHP Enterprises, Inc. is authorized to construct and maintain a temporary encroachment into a portion of an unnamed City right-of-way. That the temporary encroachment herein authorized is for the purpose of private 8" PVC sewer main and sanitary sewer manhole to service that certain apartment complex called Lands End 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 unamed right-of-way, as shown on that certain plat entitled: "PHYSICAL SURVEY OF PROPOSED ENCROACHMENT OF PRIVATELY OWNED AND MAINTANED SANITARY SEWER MANHOLE AND 8" P.V.C. SANITARY SEWER MAIN INTO A 15' PUBLIC RIGHT-OF-WAY," 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 PHP Enterprises, Inc. and within thirty (30) days after such notice is given, said encroachment shall be removed from an unnamed City right-of-way by the PHP Enterprises, Inc. and that the PHP Enterprises, Inc., its assigns and successors shall bear all costs and expenses of such removal. March 12, 1984 - lSb - And PROVIDED FURTHER, that it is expressly understood and agreed that the PHP Enterprises, Inc., its assigns and successors in title shall indemnify and hold harmless the City of Virginia Beach, its agents and employees from and against all I claims, damages, losses, and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of such encroachment; and PROVIDED FURTHER, this ordinance shall not be in effect until such time that the PHP Enterprises, Inc. executes an agreement with the City of Virginia 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 12 day of March , 1 9 84 . I MES/re 2/6/84 (29E) APPROVD !\S TC c();rrU"T SIG:,iALhè ----'--'---'----------- D~DÞY,T!4,~tJT P.... -'f"'~ ^ ~--'- '--,'",,~ \ A íJ, "';',;;",'..I",P'"",:,,~'r" . ,,=-;~- A; ~ -- I (1':":",,"'" ':','J' ,', f, '" "- I -2- March 12. 1984 - 16 - Item II-E.6 CONSENT AGENDA ITEM II 21532 Upon motion by Councilman Baum, seconded by Councilwoman Oberndorf, City Council ADOPTED an Ordinance to authorize a temporary encroachment into a portion of the right-of-way of Rodriquez Drive and First Street to Pearlron Associates, assigns and successors in title. This temporary encroachment is subject to the following conditions: 1. The owner agrees to remove this encroachment when notified by the City within thirty days 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 this encroachment. 3. The owner agrees to maintain said encroachment so as not to become unsightly or a hazard. 4. The owner agrees to obtain a highway permit and post a bond. 5. The owner agrees to submit an open-cut request and a traffic control plan. 6. This encroachment shall not be in effect until an agree- ment has been executed encompassing the above. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None March 12, 1984 I I I - 16b - And PROVIDED FURTHER, that it is expressly understood and agreed that the pearlron 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 arising out of the location or existence of such encroachment; and PROVIDED FURTHER, this ordinance shall not be in effect until such time that the Pearlron Associates executes an agreement with the City of Virginia 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 12 March , 1 9 84 . day of MES/re 2/15/84 ( 2 9H ) Aìf.!;'{<:~~'fP:: ~~ '~I,! ',' .' ""'-~~"s;B¡::¡;\'iJiE-----':' ì - .,"--,-... ....,',........ '- i mT' '\Ciï:~:;:'j¡:-----.,.. - AP. p OV.¡:.'.D.A...s.\~.ì'.'ifk..{ .'.('-'.;'.'.."c~ '. ~ i:j ";1 ~ó':;"J,'7':':,¡. !i-:-,-- CITY I.'.nv;~,:à' \, -2- March 12, 1984 - 17 - Item II-E. 7 CONSENT AGENDA ITEM If 21533 I Upon motion by Councilman Baum, seconded by Council ADOPTED an Ordinance to authorize a portion of an unnamed 20' City right-of-way Corporation. Councilwoman Oberndorf, City temporary encroachment into a to Runnington Investment This temporary encroachment is subject to the following conditions: 1. The owner agrees to remove this encroachment when notified by the City within thirty days 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 this encroachment. 3. The owner agrees to maintain said encroachment so as not to become unsightly or a hazard. 4. The owner agrees to obtain a highway permit and post a bond. I 5. The owner agrees to submit an open-cut request and a traffic control plan. 6. This encroachment shall not be in effect until an agree- ment has been executed encompassing the above provisions. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None I Council Members Absent: None March 12, 1984 I I I - 17a - AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF AN UNNAMED 20' CITY RIGHT-OF-WAY TO RUNNINGTON INVESTMENT CORPORATION 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, Runnington Investment Corporation is authorized to construct and maintain a temporary encroachment into a portion of an unnamed 20' City right-of-way as shown on that certain plat entitled "Site Plan of Lot 4, Map of Princess Anne Hills, Lynnhaven Borough, Virginia Beach, Virginia, a copy of which is on file in the Department of Public Works. That the temporary encroachment herein authorized is for the purpose of constructing and maintaining a private 4" Sanitary Sewer Lateral to service a dwelling located on Lot 4, Map of Princess Anne Hills, M.B. 11, Pg. 34, Lynnhaven Borough in Virginia Beach 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 an unnamed 20' City right of way, as shown on that certain plat entitled: "Site Plan of Lot 4, Map of Princess Anne Hills, Lynnhaven Borough, Virginia Beach, Virginia," 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 Runnington Investment Corporation and within thirty (30) days after such notice is given, said encroachment shall be removed from the unnamed portion of the City's right-of-way by Runnington Investment March 12, 1984 I I I - 17b - Corporation and that Runnington Investment Corporation, its assigns and successors shall bear all costs and expenses of such removal. And PROVIDED FURTHER, that it is expressly understood and agreed that Runnington Investment Corporation, 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 arising out of the location or existence of such encroachment; and PROVIDED FURTHER, this ordinance shall not be in effect until such time that Runnington Investment Corporation executes an agreement with the City of Virginia 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 12 day of Marc~____, 19 84 . MES/sm 2/7/84 (29D) March 12, 1984 -2- - 18 - Item II-E.8 CONSENT AGENDA ITEM II 21534 , Upon motion by Councilman Baum, seconded by Councilwoman Oberndorf, City Council ADOPTED an Ordinance to authorize a temporary encroachment into a portion of the right-of-way of Virginia Avenue and Rudee Avenue to Kenneth L. Seay Co., Inc., its assigns and successors in title. This temporary encroachment is subject to the following conditions: 1. The owner agrees to remove this encroachment when notified by the City within thirty days 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 this encroachment. 3. The owner agrees to maintain said encroachment so as not to become unsightly or a hazard. I 4. This encroachment shall not be in effect until an agree- ment has been executed encompassing the above provisions. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None I Council Members Absent: None March 12, 1984 I I I - 18a - Requested By Department of Public Works AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE RIGHT-OF-WAY OF VIRGINIA AVENUE AND RUDEE AVENUE TO KENNETH L. SEAY CO., INC., 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 Kenneth L. Seay Co., Inc. is authorized to construct and maintain a temporary encroachment into a portion of the City right-of-way of Virginia Avenue and Rudee Avenue. That the temporary encroachment herein authorized is for the purpose of private sewer facilities to service certain townhouses known as the Virginia Avenue Townhouses 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 Virginia Avenue and Rudee Avenue, as shown on that certain plat entitled: "Drainage Grading and On-Site utilities Plan For Virginia Avenue Townhouses," 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 Kenneth L. Seay Co., Inc. and within thirty (30) days after such notice is given, said encroachment shall be removed from the City right-of-way of virginia Avenue and Rudee Avenue by the Kenneth L. Seay Co., Inc. and that the Kenneth L. Seay Co., Inc., its assigns and successors shall bear all costs and expenses of such removal. And PROVIDED FURTHER, that it is expressly understood and agreed that the Kenneth L. Seay Co., Inc., its assigns and successors in title shall indemnify and hold harmless the City of March 12, 1984 I I I - 18b - 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 arising out of the location or existence of such encroachment; and PROVIDED FURTHER, this ordinance shall not be in effect until such time that the Kenneth L. Seay Co. Inc. executes an agreement with the City of Virginia 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, Vi rg inia, on the -1.2.- day of M.<:Irrn , 19-8£L. MES/re 1/17/84 (29A) APPRCYV[,) «:) ': .- . ;¡~7:\¡~';;'----"- "" '" DEF;,~f~'f',~jr-"'-'-- --.., APP$,"', ~ "",'" :',"'\ - '"' j'., "P' SiGNA 1 :;~ CITY An(r~í'¡~ -2- March 12, 1984 , , , - 19 - Item II-E. 9 CONSENT AGENDA ITEM II 21535 Upon motion by Councilman Baum, seconded by Councilwoman Oberndorf, City Council ADOPTED an Ordinance authorizing and directing the City Manager to sign and execute, on behalf of the City, a plat and deed to convey a 14.287- acre parcel located on Salem Lakes Boulevard to the School Board of the City of Virginia Beach. (By deed dated January 27, 1984, R. G. Moore Building Corporation made a gift of a 15.696-acre parcel of land to the City for use as a school site. 1.409 acres of this parcel are needed by the City for right- of-way purposes.) Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None March 12, 1984 I I I - 19a - AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO SIGN AND EXECUTE ON BEHALF OF THE CITY A PLAT AND DEED TO CONVEY A 14.287 ACRE PARCEL LOCATED ON SALEM LAKES BOULEVARD TO THE SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH WHEREAS, by deed dated January 27, 1984, the R. G. Moore Building Corp. made a gift of a 15.696 acre parcel of land to the City for use as a school site; and WHEREAS, 1.409 acres of the said 15.696 acre parcel is needed by the City of Virginia Beach for right of way purposes; and WHEREAS, the Council of the City of Virginia Beach is of the opinion that the residue of the said 15.696 acre parcel {containing 14.287 acres} should be deeded to the School Board of the City of Virginia Beach for use as a school site. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the City Manager is hereby authorized, empowered and directed to sign, execute and deliver on behalf of the City of virginia Beach, the deed attached hereto as Exhibit "A," and to thereby convey unto the School Board of the City of Virginia Beach, for use as a school site, the 14.287 acre parcel described therein. 2. That the City Manager is also hereby authorized, empowered and directed to sign and execute, on behalf of the City of Virginia Beach, any plat or plats which may be necessary for purposes of the conveyance of the said property to the School Board of the City of Virginia Beach. Adopted by the Council of the City of Virginia Beach on the 12 day of ,1984. March GLF/sm {GLF/P} 3/5/84 PPROV~~ SIGNA TURE CITY A noRNEY March 12, 1984 - - 19b - I I 1\ by l! corporation of ¡ to as "Grantor" party of the first part, and the SCHOOL BOARD OF I i THE CITY OF VIRGINIA BEACH, "Grantee," party of the second part: ; THIS DEED, Made this day of , 19_, I and between the CITY OF VIRGINIA BEACH, a municipal I the Commonwealth of Virginia, hereinafter referred I : I : I 'I : WITNESSETH: That for and in consideration of the sum of Ten Dollars ì' : ($10.00) cash in hand paid, and other good and valuable : considerations, the receipt of which is hereby acknowledged, the said Grantor does hereby sell, assign, transfer and convey with ! i: SPECIAL WARRANTY, unto the said School Board of the City of Ii , ì ;¡ Virginia Beach, Grantee, the following described property Ii situated in the City of Virginia Beach, Virginia, to wit: i! .¡ , I I ¡ I: Ii All that certain lot, tract or parcel of land, together with improvements thereon belonging, lying, situated and being in the City of Virginia Beach containing 14.287 acres and described as: "PROPERTY TO BE DEDICATED TO THE SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH 14.287 ACRES (EXCLUDING R/W) as shown on that certain plat entitled: "PLAT SHOWING PROPERTY TO BE RETAINED BY THE CITY OF VIRGINIA BEACH & PROPERTY TO BE DEDICATED TO THE SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH KEMPSVILLE BOROUGH -- VIRGINIA BEACH, VIRGINIA" prepared by the Bureau of Surveys and Mapping, dated February 7, 1984, which plat is duly of record in the Office of the Clerk of the Circuit Court of the City of Virginia Beach in Map Book , at page, and to which reference is made for a more particular description. There is expressly excepted from the property herein conveyed all that certain lot, tract or parcel of land, together with improvements thereon, containing 1.409 acres and designated and described as: "TO BE RETAINED BY THE CITY OF VIRGINIA BEACH FOR RIGHT OF WAY I! I I I I March 12, 1984 - 19c - PURPOSES (1.409 ACRES)" as shown on the aforesaid plat. I i I I This conveyance is m~e subject to any covenants, I! conditions, restrictions and easements in the chain of title I II constituting constructive notice. I , i I ! ; hereinabove mentioned and paid to the Grantor constitutes payment I: 11 in full for the property hereby conveyed and for damages, if any, ¡ I I to the residue or other property of the Grantor resulting from : II the project and use made of the property conveyed. III! WITNESS the following signatures and seals. CITY OF VIRGINIA BEACH I I It being a part of the same property conveyed to the party of the first part by deed of R. G. Moore Building Corp., dated January 27, 1984, and recorded in the aforesaid Clerk's Office in Deed Book 2313, at page 1440. It is understood and agreed that the consideration I I I I ,I il Ruth , City BY Thomas H. Muehlenbeck, City Manager Hodges Smith, Clerk I STATE OF VIRGINIA I CITY OF VIRGINIA BEACH, I I, I to-wit: , a Notary i Public in and for the City and State aforesaid, do hereby certify! that THOMAS H. MUEHLENBECK, City Manager, and RUTH HODGES SMITH, ¡ City Clerk, on behalf of the City of Virginia Beach, whose names I -2- I I 1\ I: March 12, 1984 - 19d - II II II II I I I : are signed to the foregoing writing bearing date on the --- day , 1984, have acknowledged the same before me of in my City and State aforesaid. GIVEN under my hand this day of , i I t; 1984. Notary Public '! My Commission Expires: (GLF IP) i , . I I. i ; I -3- March 12, 1984 - 1ge - ~ . " . ! -..11 LJIICII -'fØl II. ~T I .1."4 p," ~ ! ~ t: 5 ..J i SAL£M LAKØ SECTIOH M. PMT 2 M.S. 114 p.1O "TI Scale: I S28«) SALEM " ,,8,.'O8"E ".,,' DØfCAT£O TO THE -...-s- ~T~ ~F YØl8lNfA BfACH ~ 9C AI'ðCS (EXCLUDING R / W ) 14.281 ,.....,.. /lOW 011 'OIl_lILY THE CITY OF VIRGINIA IIACH 0.1.015 p.144O M.8. 111 p, oM TAX 110. I'In. 01.00000-011.0000 1.IIYI"8 II' IlllAI""" f unL (11."'" ,el 10 BE RETAINED 8Y THE CITY OF VIMINIA ... FOR RIGHT OF WAY pURpOIES ( I. 409 ACRES) '\ s.U .. &.MIll IØJTH .1.'" ".If,- ""eo' ~,..) p.p.C PLATSHOWM PROPERTY TO 8£ RETAINED 8( THE CITY OF VIRGINIA BEACH t PROPERTY TO BE DEDICA TED 10 THE SCHOOL SOARO OF VIRGINIA EACH ICEMflSVfLLE IOfIIQJQH VIRGINIA BEACH,VIRGINIA BUREAU OF SlfiVEYS on4 MAPPING EN8INEE1ffN8 OMSØIf œPIAImfÐIT OF Pl8..1C M)RØ CITY (7 VIRGINIA BEACH. VI""" IDa,.: FEBUARY 7,1984 II Sea.: I" = 100' IIDrown &,: BEH II FIno 800« : . I' (.., IIFU: ::::::T--:- FILE' ~. , , , - 20 - Item II-E.10 CONSENT AGENDA ITEM II 21536 Upon motion by Councilman Baum, seconded by Councilwoman Oberndorf, City Council ADOPTED an Ordinance to authorize acquisition of property in fee simple for right-of-way for Bonney Road Outfall-Easements and the acquisition of temporary and permanent easements of right-of-way, either by agreement or by condemnation. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None March 12, 1984 I I I - 20a - AN ORDINANCE TO AUTHORIZE ACQUISITION OF PROPERTY IN FEE SIMPLE FOR RIGHT OF WAY FOR BONNEY ROAD OUTFALL - EASEMENTS AND THE ACQUISITION OF TEMPORARY AND PERMANENT EASEMENTS OF RIGHT OF WAY, EITHER BY AGREEMENT OR BY CONDEMNATION. WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a public necessity exists for the construction of this important roadway to provide transportation and for other public purposes for the preservation of the safety, health, peace, good order, comfort, convenience, and for the welfare of the people in the City of Virginia Beach: NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1. That the City Attorney is hereby authorized and directed to acquire by purchase or condemnation pursuant to Sections 15.1-236, et seq., 15.1-898, 15.1-899, and Section 33.1-89 et seq., Code of Virginia of 1950, as amended, all that certain real property in fee simple, including temporary and permanent easements of right of way as shown on the plans entitled, Bonney Road Outfall - Easements these plans being on file in the Office of Real Estate Department of Public Works, Virginia Beach, Virginia. Section 2. That the City Attorney is hereby authorized to make or cause to be made on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable offer to the owners or persons having an interest in said lands, if refused, the City Attorney is hereby authorized to institute proceedings to condemn said property. Section 3. That an emergency is hereby declared to exist and this ordinance shall be in force and effect from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virg inia, on the 12 day of March , 1984 . 2/17/84 (9 ) , , , - 21 - Item II-E.ll CONSENT AGENDA ITEM II 21537 Upon motion by Councilman Baum. seconded by Councilwoman Oberndorf. City Council APPROVED Raffle Permits for KINGSTON P.T.A. and PEMBROKE MANOR UNITED CHURCH OF CHRIST. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None March 12, 1984 - 22 - Item II-E.12 CONSENT AGENDA ITEM II 21538 Upon motion by Councilman Baum, seconded by Councilwoman Oberndorf, City Council ADOPTED an Ordinance authorizing Tax Refunds in the amount of $1,262.18 upon application of certain persons and upon certification of the Treasurer for payment. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None March 12, 1984 , f , - 22a- FORM NO. C.A. 7 2/17/84 EMC AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for tax refunds upon certification of the Treasurer are hereby approved: NAME Tax Year Type of Tax Ticket Number Exonera- tion No. Date Paid Penalty Int. Total Continental Telephone 83 RE(2/2) 46789-0 6/5/83 32.57 Southland Corp 83 RE(2/2) 3058-5 6/5/83 46.76 Truxton Basnight 84 RE(1/2) 4925-3 10/19/83 18.00 Truxton Basnight 84 RE(2/2) 4925-3 10/19/83 1 8. 00 Dominion Federal S & L 83 RE(1/2) 47236-7 12/5/82 864.93 Jyoti Rao 83 pp 188178- 7 12/5/83 98.28 Jyoti Rao 83 pp 180704-7 11/3/83 98.28 Joe K Moore 83 pp 177798-0 10/31/83 45.96 Michel C Ashe 83 pp 4610-3 6/5/83 14.40 Jeanette Edwards 84 Dog V16681 1/31/84 5.00 Lora Womack N/A Pkng 41360 2/3/84 20.00 I Total 1,262.18 rF:-,".::..."..-; """,.-..,,":- \~)I.' . ,"'¡' ~\~ ~'""'.! ~'~jJ '- FEB 28 1984 D"-..::;,"r (~,r- LJi. W J::.. : 1. '-' C ,...-\. I This ordinance shall be effective from date of adoption. The above abatement(s) totaling $1 , ?f.? 1 R were approved by the Council of the City of Virginia Beach on the---1Lday of March. 1984 ..-- "lÁ- ~ b Ruth Hodges Smith City Clerk March 12, 1984 - 23 - Item II-F. 1 PLANNING ITEM II 21539 Carston Heinlein, General Manager of Runnymede Corporation, represented the applicant. , Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City Council ADOPTED an Ordinance upon application of RUNNYMEDE CORPORATION for a Street Closure as per the following: FINAL APPROVAL ORDINANCE UPON APPLICATION OF RUNNYMEDE CORPORATION FOR THE DISCONTINUANCE, CLOSURE AND ABANDONMENT OF THE FOLLOWING STREETS: Pine Street: Beginning at the northern boundary of Third Street and running in a northerly direction to the southern boundary of Norfolk-Virginia Beach Toll Road. (As several lots west of Pine Street would be landlocked, only the EASTERN one-half of Pine Street will be closed). Poplar Street: Beginning at the northern boundary of Third Street and running in a northerly direction to the southern boundary of Norfolk-Virginia Beach Toll Road. , Third Street: Beginning at the eastern boundary of Poplar Street and running in an easterly direction to the Norfolk-Virginia Beach Toll Road. Race Street: Beginning at the southern boundary of Norfolk-Virginia Beach Toll Road and running in a southerly direction a distance of 66 feet more or less. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf , Council Members Voting Nay: None Council Members Absent: None March 12, 1984 I I - 23a - ORDINANCE NO. IN THE MATTER OF CLOSING, VACATING, AND DISCONTINUING PORTIONS OF THOSE CERTAIN STREETS OF VARIABLE WIDTH KNOWN AS RACE STREET, POPLAR STREET, PINE STREET, AND THIRD STREET, LOCATED IN THE LYNNHAVEN BOROUGH OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AS SHOWN ON THAT CERTAIN PLAT ENTITLED, "PLAT SHOWING PORTIONS OF RACE STREET, POPLAR STREET, PINE STREET, AND THIRD STREET TO BE CLOSED - LYNN HAVEN BOROUGH - VIRGINIA BEACH, VIRGINIA." WHEREAS, it appearing by affidavit that proper notice has been given by The Runnymede Corporation that it would make application to the Council of the City of Virginia Beach, Virginia, to have the hereinafter described streets discontinued, closed, and vacated; and WHEREAS, the applicant has completed the conditions imposed by Council on February 6, 1984; and WHEREAS, IT IS THE JUDGMENT OF THE COUNCIL that the closure of the below-described streets will not result in any public inconvenience; NOW, THEREFORE, SECTION I BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia, that the hereinafter described streets be dis- continued, closed, and vacated: Pine Street beginning at the Southwest corner of Lot 10, Block 10, on the Plat of Jacksondale, recorded in Map Book 55, Page 24; thence North 04°24'13"W a distance of 115.31 feet to a point; thence West 85° 04'13"E a distance of 33.445 feet to a point; thence South 04°24'13"E a distance of 110.85 feet to a point; and thence East 87°16'52"W a distance of 33.015 feet to the point of beginning. (Portion to be vacated is the eastern half of the portion of pine Street North of Third Street as found on the aforesaid Plat.) March 12, 1984 I I - 23b - Poplar Street beginning at the Southeast corner of Lot 20, Block 10, on the plat of Jacksondale, recorded in Map Book 55, Page 24; thence North 04°24'13"E a dis- tance of 91.42 feet to a point; thence South 69°44'32"E a distance of 68.61 feet to a point; thence South 04° 24'13"Wa distance of 70.74 feet to a point; and thence North 87°16'52"W a distance of 66.03 feet to the point of beginning. (Portion to be vacated is designated as 0.123 acre of poplar Street.) Third Street beginning at the Southwest corner of Lot 20, Block J, plat of Part of Jacksondale, for the Rose- mont Corporation, recorded in Map Book 2, Page 51; thence South 87°16'52"E a distance of 151.31 feet to a point; thence South 60030'46"E a distance of 111.02 feet to a point; thence North 87°16'52"W a distance of 251.90 feet to a point; and thence North 04°24'13"E a distance of 50.02 feet to the point of beginning. (Portion to be vacated is designated as 0.231 acre of Third Street.) Race Street beginning at its easterly side at its intersection with the Southerly side of the Right-of- Way of Route 44 (North-Virginia Beach Expressway); thence North 75°04'59"W a distance of 26.09 feet to a point; thence North 60030'46"W a distance of 44.55 feet to a point; thence South 04°24'13"W a distance of 66.25 feet to a point; thence South 60030'46"E a distance of 24.13 feet to a point; thence South 75° 04'59"E a distance of 44.90 feet to a point; and thence North 04°24'13"E a distance of 61.02 feet to the point of beginning. (Portion to be vacated is designated as 0.096 acre of Race Street.) Said parcels of land being portions of Race Street, Poplar Street, Pine Street, and Third Street as indicated on that cer- tain plat showing portions of Race Street, Poplar Street, pine Streetr and Third Street to be closed. 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 This Ordinance shall be effective from the date of its adoption. -2- ADOPTED - March 12, 1984 March 12 , 198 4 I I , - 24 - Item II-F.2 PLANNING ITEM if 21540 Upon motion by Councilman Baum, seconded by Councilman McCoy, City Council ADOPTED the following Ordinance: ORDINANCE TO AMEND AND REORDAIN SECTION 8.2 OF THE SUBDIVISION REGULATIONS OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO PERMIT AND INSPECTION FEES. Voting: ll-O Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None March 12, 1984 I ~ I I I - 24a - AN ORDINANCE TO AMEND AND REORDAIN SECTION 8.2 OF THE SUBDIVISION REGULATIONS OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAIN- ING TO PERMIT AND INSPECTION FEES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 8.2 of the Subdivision Regulations of the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained to read as fo 11 ows : Section 8.2. Penmit and inspection fees. At the time of installation of improvements, penmit and inspection fees shall be as generally provided for permits and inspections specified in other ordinances of the city.* For permits and inspections not elsewhere specified, or for reinspection made necessary by failure to pass earlier inspections, fees shall be based on costs, as determined by the agency involved, ,~ws-'eA-f~g~ ,epeeA'-fep-a8MtfttS'pa'tYe-e*,eftSeST--WRepe-ae'wa~-ees'S-eaftAe'-~e- 4e'ePMtAe4-tft-a4Yaftee-ef-tfts,ee'teftSy-'Rey-sRa~~-~e-~t~~e4y-Wt'R-'eA f~g~-,epeeA.-a&4e4y-wt.htft-efte-MØft'R-af'ep-sweR-tftS,e6'teAS, and shall be payable within thirty (30) days from billing. Failure to pay within the period stipulated may be penalized by a stop-work order or such other action as seems warranted in the circumstances of the case. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 1984. 83. March 12, 1984 I I I - 25 - Item II-F. 3 PLANNING ITEM II 21541 J. Carter Luck, a partner of Molin Associates, represented the applicant. Upon motion by Councilman Jennings, seconded by Councilman Heischober, City Council ADOPTED an Ordinance upon application of MOLIN ASSOCIATES for a Change of Zoning as per the following: ORDINANCE UPON APPLICATION OF MOLIN ASSOCIATES FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM A-I TO 0-1 Z0284827 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Molin Associates for a Change of Zoning Distri~t Classification from A-I Apartment District to 0-1 Office District on certain property located on the north side of Virginia Beach Boulevard beginning at a point 80 feet east of Crawford Place, running a distance of 60 feet along the north side of Virginia Beach Boulevard, running a distance of 175 feet along the eastern property line, running a distance of 60 feet along the northern property line and running a distance of 175 feet along the western property line. Said parcel contains 10,500 square feet. LYNNHAVEN BOROUGH. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the Twelfth day of March, Nineteen Hundred and Eighty-Four. Voting: 10-0 Council Members Voting Aye: John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr.,D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Abstaining: Nancy A. Creech Council Members Absent: None March 12, 1984 - 26 - Item II-F.4 -- PLANNING ITEM II 21542 Attorney Grover Wright represented the applicant. Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City Council ADOPTED an Ordinance upon application of FREDERICK P. AUCAMP for Changes of Zoning per the following: ORDINANCE UPON APPLICATION OF FREDERICK P. AUCAMP FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-6 to A-2 Z0284828 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Frederick P. Aucamp for a Change of Zoning District_Classification from R-6 Re- sidential District to A-2 Apartment District on property located on the north side of 24th Street, 125 feet east of Barberton Drive on Lots 8 thru 14 and 34, 35, and 36, Block 9, Woodland. Said parcel contains 1.002 acres. LYNNHAVEN BOROUGH. AND, ORDINANCE UPON APPLICATION OF FREDERICK P. AUCAMP FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM A-I to A-2 Z0284829 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Frederick P. Aucamp for a Change of Zoning District Classification from A-I Apartment District to A-2 Apartment District on prop- erty located on the south side of 25th Street, 370 feet east of Barberton Drive on Lot 15, Block 9, Woodland. Said parcel contains 4,375 square feet. LYNNHAVEN BOROUGH. The following condition is required: 1. Interior lot lines on this property are to be vacated in order to avoid the creation of any nonconforming lots This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the Twelfth day of March, Nineteen Hundred and Eighty-Four. March 12, 1984 -----~ I I I I I I Item II-F. 4 PLANNING Voting: - 27 - ITEM #21542 (continued) 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None March 12, 1984 - 28 - Item II-F.5 PLANNING ITEM II 21543 Attorney Grover Wright represented the applicant. Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City Council ADOPTED an Ordinance upon application of FREDERICK P. AUCAMP and HARRY L. BROWN for a Change of Zoning per the following: ORDINANCE UPON APPLICATION OF FREDERICK P. AUCAMP AND HARRY L. BROWN FOR A CHANGE OF ZONING DISTRICT CLASSI- FICATION FROM B-1 TO A-I Z0284830 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Frederick P. Aucamp and Harry L. Brown for a Change of Zoning District Classi- fication from B-1 Business-Residential District to A-I Apartment District on certain property located at the northeast corner of Level Green Boulevard and Gun- smith Court running a distance of 100 feet along the north side of Level Green Boulevard, running a dis- tance of 150 feet along the eastern property line, running a distance of 100 feet along the northern property line and running a distance of 150 feet along the east side of Gunsmith Court. Said parcel contains 15,000 square feet. KEMPSVILLE BOROUGH. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the Twelfth day of March, Nineteen Hundred and Eighty-Four. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: March 12, 1984 None I I I - 29 - Item II-F. 6 PLANNING ITEM II 21544 Attorney Grover Wright represented the applicant. I Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City Council ADOPTED an ordinance upon application of GRAYSON WHITEHURST,JR./ SCOTT DEVELOPMENT COMPANY for Changes of Zoning per the following: ORDINANCE UPON APPLICATION OF GRAYSON WHITEHURST,JR./ SCOTT DEVELOPMEN CO. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-4 to 0-1 Z0284831 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: I Ordinance upon application of Grayson Whitehurst,Jr./ Scott Development Co., for a Change of Zoning District Classification from R-4 Residential District to 0-1 Office District on certain property located on the west side of First Colonial Road beginning at a point 50 feet north of Camelot Drive, running a distance of 843.97 feet along the west side of First Colonial Road, running a distance of 200 feet in a southwesterly direction, running a distance of 550 feet more or less in a southeasterly direction and running a distance of 200 feet in a easterly direction. Said parcel contains 3.1 acres. LYNNHAVEN BOROUGH. AND, ORDINANCE UPON APPLICATION OF GRAYSON WHITEHURST,JR./ SCOTT DEVELOPMENT CO., FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-5 to 0-1 Z0284832 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: I Ordinance upon application of Grayson Whitehurst, Jr./ Scott Development Co., for a Change of Zoning Distric~ Classification from R-5 Residential District to 0-1 Office District on certain property located on the south side of First Colonial Road beginning at the southern terminus of Mill Dam Road, running a distance of 267.70 feet along the south side of First Colonial Road, running a distance of 402.97 feet along the western property line, running a distance of 210 feet in an easterly direction and running a distance of 200 feet along the eastern property line. Said parcel contains 1.31 acres. LYNNHAVEN BOROUGH. The following conditions are required: 1. One ingress and egress point only to be located opposite Mill Dam Road. 2. The trees alongside the property will remain as a buffer. March 12, 1984 - 30 - Item II-F. 6 PLANNING ITEM # 21544 (continued) This Ordinance shall be effective upon the date of adoption. I Adopted by the Council of the City of Virginia Beach, Virginia on the Twelfth day of March, Nineteen Hundred and Eighty-Four. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: I None Council Members Absent: None *The City Manager Thomas H. Muehlenbeck noted that he had incorrectly used the word "incompatible" in his letter to City Council Members, this Application is "compatible" with other land uses in the area per The Comprehensive Plan. I March 12, 1984 I I I - 31 - Item II-F. 7 PLANNING ITEM II 21545 Attorney Grover Wright represented the applicant. Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City Council ADOPTED an Ordinance upon application of GRAYSON WHITEHURST, JR./ SCOTT DEVELOPMENT COMPANY for Changes of Zoning per the following: ORDINANCE UPON APPLICATION OF GRAYSON WHITEHURST, JR.,/ SCOTT DEVELOPMENT COMPANY FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-4 TO A-I (AMENDED FROM A-2) Z0284833 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Grayson Whitehurst, Jr./ Scott Development Co., for a Change of Zoning District Classification from R-4 Residential District to A-I Apart- ment District (Amended from A-2 Apartment District) on certain property located 200 feet west of First Colonial Road beginning at a point 50 feet north of Camelot Drive, running a distance of 520 feet more or less along the southern property line, running a distance of 80 feet in a northwesterly direction, running a distance of 450 feet in a northerly direction and running a distance of 550 feet more or less in a southeasterly direction. Said parcel contains 3.5 acres. LYNNHAVEN BOROUGH. AND, ORDINANCE UPON APPLICATION OF GRAYSON WHITEHURST,JR.,/ SCOTT DEVELOPMENT CO., FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-5 to A-I (AMENDED FROM A-2) Z0284834 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Grayson Whitehurst,Jr./ Scott Development Co., for a Change of Zoning District Classification from R-5 Residential District to A-I Apartment District (Amended from A-2 Apartment District) on certain property located 200 feet south of First Colonial Road beginning at the southern terminus of Mill Dam Road, running a distance of 450 feet in a southerly direction, running a distance of 80 feet in a southeasterly direction, running a distance of 150 feet more or less in a southwesterly direction, running a distance of 163.49 feet in a northwesterly direction, running a dis- tance of 520 feet more or less in a northerly direction and running a distance of 210 feet in an easterly direction. Said parcel contains 2.8 acres. LYNNHAVEN BOROUGH. March 12, 1984 - 32 - Item II-F. 7 PLANNING ITEM # 21545 (continued) The following conditions are required: 1. Modified to A-I Apartment District. I 2. One Ingress and Egress Point only, to be located opposite Mill Dam Road. 3. The Trees located along the side of A-I will remain as a buffer. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the Twelfth day of March, Nineteen Hundred and Eighty-Four. Voting: 11-0 Council Members Voting Aye: I John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None None I Council Members Absent: March 12, 1984 - 33 - Item II-F. 8 PLANNING ITEM II 21546 I Attorney Carrolyn C. Cox represented the applicant. Carter "Tuck" Anderson, President of the North Virginia Beach Civic League, spoke in favor. David C. Eckhardt, President of Community Alternatives, Inc., spoke in favor. (Letter from Mrs. Jane F. Addenbrook of 211 Sixty-ninth Street in Virginia Beach, stating her opposition to this Application is hereby made a part of the record.) Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City Council ADOPTED an Ordinnce upon application of COMMUNITY ALTERNATIVES, INC. for a Conditional Use Permit per the following: ORDINANCE UPON APPLICATION OF COMMUNITY ALTERNATIVES,INC. FOR A CONDITIONAL USE PERMIT FOR A FAMILY CARE HOME R0284617 I BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Community Alternatives, Inc. for a Conditional Use Permit for a family care home (summer holiday and respite home for developmentally disabled in- dividuals) on Lot 16, Block 3, Ubermeer. Parcel is located at 113 53rd Street and contains 6,625 square feet. LYNNHAVEN BOROUGH. The following conditions are required: 1. Installation of automatic sprinkler and fire alarm systems meeting the approval of the Fire Protection Engineer. 2. Limitation of a maximum of six (6) adults or children in addition to the supervising couple. I 3. No part of the fees to be received from the program participants shall be used for lodging. 4. A 5 foot dedication along the frontage of 53rd Street, 25 feet from the centerline of the existing 40 foot right- of-way to provide for an ultimate 50 foot standard right- of-way. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the Twelfth day of March, Nineteen Hundred and Eighty-Four. March 12, 1984 Item II-F. 8 PLANNING Voting: - 34 - ITEM # 21546 (continued) 11-0 Council Members Voting Aye:* John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None *Due to a Voting Machine Malfunction, Votes were taken VERBALLY. March 12, 1984 I I I - 35 - Item II-G. 1 APPOINTMENT ITEM It 21547 I Upon NOMINATION By Councilman Baum, City Council APPOINTED, to serve on the Standing Committees of the VIRGINIA MUNICIPAL LEAGUE, the following: Community and Economic Development Councilman H. Jack Jennings, Jr. Effective Government Councilwoman Reba S. McClanan Environmental Quality Vice Mayor Barbara M. Henley Councilwoman Meyera E. Oberndorf Human Development Policy Committee Robert G. Jones Public Safety Mayor Louis R. Jones Transportation Councilman J. Henry McCoy, Jr., D.D.S. Voting: 11-0 I Council Members Voting Aye: John A. Baum,Nancy A. Creech, Harold Heischober,Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None I Council Members Absent: None March 12, 1984 - 36 - Item II-G. 2 APPOINTMENT ITEM II 21548 Mayor Louis R. Jones APPOINTED The LIAISON between City Council and VIRGINIA BEACH TASK FORCE ON YOUTHFUL SUBSTANCE ABUSE: I Councilman H. Jack Jennings, Jr. LIAISON I I March 12, 1984 - 37 - Item II-G. 3 APPOINTMENT ITEM II 21549 I Upon NOMINATION by Councilwoman Oberndorf, City Council REAPPOINTED Maryanne Nixon and Joseph Withers, Jr. to serve on the HISTORICAL REVIEW BOARD for two-year terms beginning April 1, 1984 through March 31, 1986. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf I Council Members Voting Nay: None Council Members Absent: None I March 12, 1984 - 38 - Item II-G.4 APPOINTMENT ITEM II 21550 Upon NOMINATION by Councilwoman Oberndorf, City Council APPOINTED Vice Mayor Barbara M. Henley to serve on THE PLANNING COUNCIL for a one-year term beginning March 13, 1984 through March 12,1985. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None March 12, 1984 I I I - 39 - Item II-G.5 APPOINTMENT ITEM II 21551 I Upon NOMINATION by Councilman Kitchin, City Council REAPPOINTED William P. Oberndorfer, to serve on the PUBLIC LIBRARY BOARD for a three-year term be- ginning April 1, 1984 through August 31, 1987 and Gwendolyn Daniels to serve on the PUBLIC LIBRARY BOARD for a three-year term beginning September 1, 1984 through August 31, 1987. Voting: 11-0 Council Members Voting Aye: I John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None I March 12, 1984 - 40 - Item II-H.1 UNFINISHED BUSINESS ITEM I¡ 21552 Upon motion by Councilman Jones, seconded by Councilman Jennings, City Council ADOPTED a Resolution requesting the Southeastern Virginia Planning District Commission to consider the SOUTHEASTERN FREEWAY for inclusion and adoption in the Southeastern Virginia Regional 2000 Highway Needs Study. Voting: 9-2 Council Members Voting Aye: John A. Baurn, Nancy A. Creech, Harold Heischober, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: Vice Mayor Barbara M.Henley, and Meyera E. Oberndorf Council Members Absent: None March 12, 1984 I I I I I I - 40a - REQUESTED BY: Councilman Robert G. Jones RES 0 L UTI 0 N WHEREAS, the City Council of the City of Virginia Beach, Virginia, has determined that it shall be the policy of the City of Virginia Beach to plan for and provide a continuous, safe, and convenient highway network; and WHEREAS, the City of Virginia Beach is experiencing rapid growth in land development and traffic volumes; and WHEREAS, analysis performed by the Virginia Department of Highways and Transportation has shown that the proposed Southeastern Freeway will service significant volumes of traffic in the developing areas; and WHEREAS, the City Council has determined that the Southeastern Freeway concept merits further study; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: THAT the Southeastern Virginia Planning District Commission is hereby requested to consider the Southeastern Freeway for inclusion and adoption in the Southeastern Virginia Regional 2000 Highway Needs Study. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twelfth day of March , 1984. March 12, 1984 ). ,~~ ,,- 'ROPOSED SOU~STERN FREEWA'" 'P'?~"'" \,_/ G. C' . ~ .....::. ~ 4 . , " AI . II I " . . , ., ~ ~ ., or. ~ ... C"I ~ a cT . . . I I I I . I , : ¡ I I . . . 0 ~ tC\ ~'4""~t .,. ~ Note: The proposed alignments shown are for planning purposes only and will require further investigatioi1 into the environ. mental, sociological and engineering feasibility prior to any decision on the location or the design of this facility. RED ALIGNMENT j I ----.------- 8 PROPOSED INTERCHANGE \. - ------- --L- -~_L- J_---~_ì.Y. \...~~ L I I I SOUTHEASTERN FREEWAY Preliminary Toll Feasibility Study Assumptions l. 2. Southeastern Freeway would be open to traffic by 1990. Maintenance cost will be financed with toll revenue if 9C bonds are used. 3. 4. The toll collection cost will be derived from toll revenues. The bond term would be 25 years at 10% interest from 1990 to 2014. 5. The traffic projections used in this analysis do not take into account that toll charges will restrict the estimated traffic assigned to the Southeastern Freeway. 6. A coverage of maximum interest by first year net reveneue of 1.20 is considered satisfactory and a coverage of level debt service by annual net revenues over the life of the bond issue of 1.50 is considered satisfactory. I SOUTHEASTERN FREEWAY PRELIMINARY TOll FEASIBILITY STUDY Project Cost Contingencies Cost of Toll Plazas TOTAL COST $ 120,000,000 4,000,000 Estimated Bond Issue 1.15 x Total Cost 124,000,000 142,600,000 First Year (Maximum) Interest 10% 14,260,000 level Debt Service 10% for 25 Years (0.11017) 15,710,242 Estimated First Year Net Revenue a. Toll Rate $0.25 mainline, $0.10 per ramp b. Toll Rate $0.50 mainline, $0.20 per ramp c. Toll Rate $0.75 mainline, $0.30 per ramp d. Toll Rate $1.00 mainline, $0.40 per ramp IEstimated Average Annual Net Revenue a. Toll Rate $0.25 mainline, $0.10 per ramp b. Toll Rate $0.50 mainline, $0.20 per ramp c. Toll Rate $0.75 mainline, $0.30 per ramp d. Toll Rate $1.00 mainline, $0.40 per ramp Coverages I 1,322,069 4,856,638 8,391,206 11 ,925,775 1,949,573 7,774,542 13,599,512 19,424,481 A. Maximum Interest by First Year Net Revenue (10% Interest) a. Toll Rate $0.25 mainline, $0.10 per ramp b. Toll Rate $0.50 mainline, $0.20 per ramp c. Toll Rate $0.75 mainline, $0.30 per ramp d. Toll Rate $1.00 mainline, $0.40 per ramp 0.093 0.341 0.588 0.836 B. level Debt Service by Average Annual Net Revenue (10% Interest) a. Toll Rate $0.25 mainline, b. Toll Rate $0.50 mainline, c. Toll Rate $0.75 mainline, d. Toll Rate $1.00 mainline, 0.124 0.495 0.866 1.236 $0.10 per ramp $0.20 per ramp $0.30 per ramp $0.40 per ramp l ~ - - - _.~ SOUTHEASTERN FREEWAY 2000 Traffic Typical Roadway Interchange R/W Total Section From To Mileage Volume Section Cost Cost Cost Cost Interchange "RED LINE" 1-64 Kempsvi lle Rd. 1.65 56,000 6 Lanes 9,000,000 7,500,000 2,500,000 19,000,000 1-64 & Kempsville Rd. II Kempsville Rd. Indian River Rd. 2.56 61,000 6 Lanes 15,000,000 1,500,000 2,500,000 19,000,000 Indian River Rd. III I ndi an Ri ver Rd. Salem Rd. 2.03 53,000 6 Lanes 11 ,000,000 3,000,000 2,300,000 16,300,000 Salem Rd. IV Salem Rd. Princess Anne Rd. 2.46 47,000 6 Lanes 13,500,000 3,200,000 2,700,000 19,400,000 Princess Anne Rd. V Princess Anne Rd. Dan Neck Rd. Ext. 1. 52 53,000 6 Lanes 8,400,000 3,500,000 1,900,000 13,800,000 Dan Neck Rd. Ext. VI Dan Neck Rd. Ext. International Pkwy. 1.72 31,000 4 Lanes 6,900,000 5,000,000 3,000,000 14,900,000 International Pkwy. VII International Pkwy. Potters Rd. 1. 95 34,000 4 Lanes 7,800,000 500,000 2,400,000 10,700,000 Potters Rd. VIII Potters Rd. Route 44 0.42 22,000 4 Lanes 1,500,000 4,000,000 1,000,000 6,500,000 Route 44 TOTAL 14.31 73.100,000 28,200,000 18,300,000 119,600,000 .1 SOUTHEASTERN FREEWAY PRELIMINARY TDLL FEASIBILITY STUDY With Toll Remaining on the Virginia Beach-Norfolk Expressway to Support the Southeastern Freeway Project: Cost Contingencies: Cost of Toll Plazas TDTAL CDST Estimated Bond Issue 1.15 x Total Cost First Year (Maximum) Interest 10'% Level Debt Service 10'% for 25 Years (0'.110'17) Estimated First Year Net Revenue a. Toll Rate 0'.25 mainline 0'.10' ramp lb. Toll Rate 0.25 mainline 0'.25 ramp c. Toll Rate 0'.40' mainline 0'.25 ramp . Estjm:~d~::r::e~~::lm:::l:::e:~:5 ra~ a. Toll Rate 0'.25 mainline 0'.10' ramp b. Toll Rate 0'.25 mainline 0'.25 ramp c. Toll Rate 0'.40' mainline 0'.25 ramp d. Toll Rate 0'.35 mainline 0'.35 ramp I CoverQ.ges A. Maximum Interest by First Year Net Revenue (10'% Interest) a. Toll Rate 0'.25 mainline 0'.10' ramp - b. Toll Rate 0'.40' mainline 0'.25 ramp c. Toll Rate.D.4D mainline 0'.25 ramp d. 'Toll Rate 0.35 mainline 0'.35 ramp B. Level Debt Service by Average Annual Net Revenue (10'% Interest) a. Toll Rate 0.25 mainline 0'.10' ramp. b. Toll Rate 0'.25 mainlinè 0'.25 ramp c. Toll Rate 0'.40' mainline 0'.25 ramp d. Toll Rate 0'.35 mainline 0'.35 ramp $120,0'0'0',0'0'0' 4,0'0'0',0'0'0' $124,0'0'0',0'0'0' $142,60'0',0'0'0' 14,260',0'0'0' 15,710',242 8,380',569 11 ,70'8,0'0'0' 17,757,875 18,161,20'0' 9,730,180' 14,272,480' 22,531,20'7 23,0'81,789 0.588 . 0'.821 1 .246 1. 274 0.619 0.90'8 . 1. 434 1. 469 . I. Year 1990 1991 2. 3. 1992 1993 4. 5. 1994 1995 ~. 7. 3. 1996 1997 1998 3. ). 1999 2000 2001 2002 L 2003 2004 ) . ) . 2005 2006 3. 2007 2008 J. 2009 2010 I: 2011 2012 2013 2014 25 -Year Traffi c Projecti on AADT 30,500 32,000 34,000 35,500 37,000 39,000 40,500 42,000 43,500 45,200 47,000 48,700 50,200 52,000 53,500 55,000 57,000 58,500 60,000 62,000 63,300 65,000 66,800 68,400 70,000 Annual Volume 11 , 132,500 11 ,680,000 12,410,000 12,957,500 13,505,000 14,235,000 14,782,500 15,330,000 15,877 , 500 16,498,000 17,155,000 17,775,500 18,323,000 18,980,000 19,527,500 20,075,000 20,805,000 21,352,500 21,900,000 22,630,000 23,104,500 23,725,000 24,382,000 24,966,000 25,550,000 458,659,000 ------ _-n -- -~--- --- - n- -- -_.. -- , I -, - -- - __no! -- ----- n ----, -- --- --- ----, - . ~ -~ j ! ¡: ; ¡ --- ¡ I- -~- -- I j I _I ! f ' ---1:,-- - -I - - I Ii' i c~,----~ I -- - - I ---- - -r--__~n_l-___-----~-~I------- -- --n__-t-_------r ~ _~~~>L:_=_--:j-..:: '::; I! ;-IE¡-->! II i , I .~! ~ -t---- 1- .. : ! j V)_:~::'---_..-:_::j-_:--:::I"---: : 1 -j -~:-l.-...-:...I:......"-j-..:-.-T ..1 ..r .-.-.a_~:.1 --j ...1 .:11. 1:.1 L+ 00. !-_--Io~ 00. ._------_L_---~~_~___k I--:--~! -I i 'i r r.- - n - -- -- ,0 01 --: - j 0 '] - ! ' Ii, l I j 1 I I L__.----~__L___:__---_o-t-------_o_-+-------------~--- -------~-------~--,-------- -- - _u ~ 'f' : . 'n. - . - in !. ! . ! ¡ ;.! I I I ¡ k :,1 Ii. ¡ :! .1- . 0.' . i .1 -~ ~- ¡ . -- . . ! - . ¡ . - I ¡ . - I . -. I - b I-:::~:=~' -.:--:g¡. ..-81 ::-g¡ :g:: ::o¡ -:..g, .. ~-'._-::.-~~i.'r:::-..:~I: -_.~I-:gt-- -£[1 ._~! . glo..I~ r--.--"-~--¡---- ----.¡- -, -- _oj. .- - . I .: .-_. ~ .0 ~:~=:-==:: \ --: ..-. - - . L____~\_--~-~-~ I , . ~L____--_- ¡ j , --..., . I I Year 1972 1973 1974 1975 1976 1977 1978 1979 1983 I VIRGINIA BEACH-NORFOLK EXPRESSWAY Tota 1 Revenue 3,770,623.69 4,231,517.08 4,265,550.77 4,533,874.37 5,017,750.25 5,435,997.68 5,944,225.53 6,124,953.91 80 81 6,112,709.52 6,668,634.65 7,088,737.20 7,623,765.42 Revenue Increase 1972 to 1983 AADT Increase 1972 to 1983 102% 106% I ¡ AADT Mainline Toll Plaza 32,807 36,606 . 36,785 38,932 43,288 46,644 51,663 54,817 54,683 59,146 63,481 67,450 VIRGINIA BEACH-NORFOLK EXPRESSWAY I 25-Year Traffic Projection Year AADT Annual Volume 1. 1990 80,000 29,200,000 2. 1991 82,000 29,930,000 3. 1992 84,000 30,660,000 4. 1993 86,000 31,390,000 5. 1994 88,000 32,120,000 6. 1995 90,000 32,850,000 7. 1996 92,000 33,580,000 8. 1997 94,000 34,310,000 9. 1998 96,000 35,040,000 10. 1999 98,000 35,770,000 11. 2000 100,000 36,500,000 I 12. 2001 101,500 37,047,500 13. 103,000 37,595,000 2002 14. 2003 104,500 38,142,500 15. 2004 106,000 38,690,000 16. 2005 107,000 39,055,000 17. 2006 108,000 39,420,000 18. 2007 109,000 39,785,000 19. 2008 11 0 ,000 40,150,000 20. 2009 11 0 ,800 40,442,000 21. 2010 111 ,500 40,697,500 22. 2011 112,300 40,989,500 23. 2012 113,000 41,245,000 I 24. 2013 113,700 41,500,500 25. 2014 114,200 41,683,000 917,795,500 -----. i---_---rwTT~;' ".-'-"':7- -;"J_"~"'-f~'-':'---':-;;.;:~---__-,__I~' --~~-t~-:_._----j ,--- - :-¡~---.::-1è5 -- - -:~- - -.l~::---_._-_Îg -. - -!ë5:::---'.:l~::'-.--:-l :8> 18 ¡~ - - .... § 18 - -glt:::- 11.-..- 1'-il~TI- --¡- ."..-\1'.-<:1 ¡, - ; - - i-.. I -: J' - -J - -. - - - ; ~I------l----~-I-~u--r~-u--l--------' ¡:-----¡----~-rl l. - -.n .J..'i -'i¡_o :,::,-,:. ..,<,.'~L-..: .-....~:~.Llj ~ - . ' ::.' . ':' ~,--,=:._.,.~.:~.-_: :~\~---:- ¡~-~lu_--,- ']-1-- :~: n;:i ~i¡T j I~:. i .~.nl ~: ;¡~_Ji¡._~_¡-; "', ! ---":--" -_.- - --¡-:-1¡-:-------:-;' . - .', ---:-l-l I. I ...... to< ¡. - - I - :3-' I .... ' - , ------ --~ - ---------- - t:L- ---- ---- -- ------- IT! .,,--- - ------ ----- 0--- --.;------------¡_.. ..... N 0 .....- o. - - _.- -- - -, - :3 CD - -- - -- ..... 0 ,..,.. .... "'0 .... C» N- C» (J'' I - -- --- -,-- I - - - - 1 -- - -- - -- - - --- -.-- -- I I I - : -- --- ----.:..-1 ---- ..:_____~L_:_- ------- __om --.. -----~- ----------- r I SOUTHEASTERN FREEWAY Estimated Toll Collection Cost Year Estimated Cost 1. 1990 1,432,500 2. 1991 1,489,800 3. 1992 1,549,392 4. 1993 1,611,368 5. 1994 1,675,822 6. 1995 1,742,855 7. 1996 1,812,569 8. 1997 1,885,073 9. 1998 1,960,475 1999 2,038,894 2000 2,120,450 2001 2,205,268 13. 2002 2,293,479 14. 2003 2,385,218 15. 2004 2,480,626 16. 2005 2,579,851 17. 2006 2,683,046 18. 2007 2,790,368 19. 2008 2,901,982 20. 2009 3,018,061 21. 2010 3,138,783 22. 2011 3,264,335 I: 2012 3,394,909 2013 3,530,705 25. 2014 3,671,933 59,657,762 Toll collection based on 1,088,515 cost of toll collection on Route 44 with 4% inflation I l. 2. 3. 4. 5. 6. 7. 8. 9. 10. 1l. 12. 13. 14. 15. 16. 17. . 24. 25. I SOUTHEASTERN FREEWAY Estimated Cost of Maintenance Year 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 Maintenance cost based on 1983 cost of $7,000 per lane mile with 5% inflation $550,000 estimated maintenance cost 1983 Es ti ma ted Cos t 780,000 819,000 859,950 902,948 948,095 995,500 1,045,275 1,097,539 1,152,415 1,210,036 1,270,537 1,334,065 1,400,768 1,470,806 1,544,346 1,621,563 1,702,642 1,787,775 1 ,877 ,163 1,971 ,021 2,069,572 2,173,050 2,281,703 2,395,788 2,515,577 37,227,134 T r SOUTHEASTERN FREEWAY 2000 Traffic Typical Roadway Interchange R/W Total Section From To Mileage Volume Section Cost Cost Cost Cost Interchange "RED LINE" 1-64 Kempsvi 11e Rd. 1.65 56,000 6 Lanes 9,000,000 7,500,000 2,500,000 19,000,000 1-64 & Kempsville Rd. I I Kemps vi 11 e Rd. Indian River Rd. 2.56 61,000 6 Lanes 15,000,000 1,500,000 2,500,000 19,000,000 Indian River Rd. III Indian River Rd. Salem Rd. 2.03 53,000 6 Lanes 11,000,000 3,000,000 2,300,000 16,300,000 Salem Rd. IV Salem Rd. Princess Anne Rd. 2.46 47,000 6 Lanes 13,500,000 3,200,000 2,700,000 19,400,000 Princess Anne Rd. V Princess Anne Rd. Dan Neck Rd. Ext. 1. 52 53,000 6 Lanes 8,400,000 3,500,000 1,900,000 13,800,000 Dan Neck Rd. Ext. VI Dan Neck Rd. Ext. International Pkwy. 1.72 31,000 4 Lanes 6,900,000 5,000,000 3,000,000 14,900,000 International Pkwy. VII International Pkwy. Potters Rd. 1. 95 34,000 4 Lanes 7,800,000 500,000 2,400,000 10,700,000 Potters Rd. VII I Potters Rd. Route 44 0.42 22,000 4 Lanes 1,500,000 4,000,000 1,000,000 6,500,000 Route 44 TOTAL 14.31 73,100,000 28,200,000 18,300,000 119,600,000 "BLUE LINE" IIA Kempsville Rd. Elbow Rd. 3.41 38,000 6 Lanes 17,100,000 3,000,000 2,500,000 22,600,000 Elbow Rd. II IA Elbow Rd. Salem Rd. 2.17 42,000 6 Lanes 12,000,000 3,000,000 2,500,000 17,500,000 Salem Rd. IVA Salem Rd. Princess Anne Rd. -L..[L 43,000 6 Lanes 10,000,000 3,200,000 2,000,000 15,200,000 Pri ncess Anne Rd. TOTAL 14.66 72,700,000 29,700,000 17,800,000 120,200,000 I I I - 41 - Item II-H. 2 UNFINISHED BUSINESS ITEM II 21553 Rae H. LeSesne, Council of Civic Organizations, was requested to DEFER his comments until Flood Plain Maps were presented to City Council for adoption. By CONCENSUS, City Council RESCHEDULED the Discussion of the FLOOD PLAIN MAPS AND ORDINANCE until the INFORMAL SESSION of March 19, 1984. March 12, 1984 - 42 - Item II - 1. 1 NEW BUSINESS ITEM II 21554 Attorney Grover Wright represented the applicant. Upon motion by Councilman Jennings, seconded by Councilwoman Oberndorf, City Council APPROVED the request of C. L. PINCUS, JR. for two access points onto London Bridge Road, as outlined in the plat exhibited by Mr. Grover Wright and the deceleration lanes are subject to staff review. (Said plat is hereby made a part of the proceedings). Property of C. L. Pincus, Jr., consists of 21 Acres Zoned 1-2 - over 1300 Lineal Feet of Road Frontage. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None March 12, 1984 I I I - 42a - GROVER C. WRIGHT. JR. ATTOUNEY AND COUNSELLOR AT LAW. P.C. SUITE aoa BEACH TOWEN BUILDING aaaD PACIFIC AVENUE VIUGINIA BEACH. VIUGINIA ua4~8 February 27, 1984 POST OFFICE BOX '" ANEA CODE 304 4..n"'7.~1 I Mrs. Ruth H. Smith City Clerk City of Virginia Beach Municipal Center Virginia Beach, VA 23456 Re: Subdivision for C. L. Pincus, Jr. Zoned I-2 21 Acres London Bridge Road (Over 1300 Lineal Feet of Road Frontage) Allowing of Access to Property incident to Subdivision Approval Dear Mrs. Smith: I At Mr. Scott's suggestion, because the matter of access could not be approved administratively, I hereby request on behalf of Mr. Pincus that this matter be placed on the Council docket for Monday, March 12, 1984, at 2:00 p.m. At the hearing I will present the matter for Mr. Pincus, and he will be present in person together with his engineer, Mr. George F. Sutton. The matter is very simple, narrow and clear cut. It simply involves the request to allow two driveways or access points to the property which will serve two sites each in addition to the one public road entrance opposite Crusader Drive. Mr. pincus has five bona fide offers from outside industries to purchase these sites provided the access is allowed, and same will generate tremendous revenue to the City of Virginia Beach, and the size of these sites makes them not in competition with the Virginia Beach Industrial Authority. Additionally, although designated as a controlled access road, London Bridge Road is not the controlled access road of the dignity of Ferrell Parkway, and similar access points have been allowed on this road to other subdividers and also to the Development Authority. The future of London Bridge Road is highly uncertain and its traffic is only twice a day, that is, in the early morning and in the late afternoon. Thank you for your anticipated cooperation. GCWjr:bgd ~FS truly,. ~. ~....// --, / ~ré. .~, róv~r C.::i March cc: Mr. Robert J. Scott, Planning Director Mr. C. L. Pincus Mr. George Sutton, P.E. '- . ~'. -42b - '..... '- - ...<u.py V"'""H. . --"'u_- "'^." W(."" ... ..,U I fII. ('J \Î)I B ~ ~ ~ t UJ \1\ sO Jzrr.~ .(Jr--\(\ '. ..~ N ~ ! r ~ \1) .~ \ , , , I \ 2-Ð\1 f - Ð'1 to > Ç) ~ \J\ . :) \ ._- .. \---.-tr'f'" . \ . \ . . , \ \', i ~ \ \. r-' " \ ", ,-"" (. ' \\ \ "<': t / ,- , \\ "".'~~~:¡ \~\\ . "1 \~, '\,' , , \\. 1-\ , , , \ ';'< \~j \1 i x - .. "'03' ........ .0 '_110 1 1 / 1 \ .., \ . /~ /"'/ $ I ----~- . ---- . --... I ' I'> , I / i / / 1 / ! ! / I 11:1,. __III 10 ..0 I III I - 43 - Item II-I. 2 ADD-ON NEW BUSINESS ITEM If 21555 Pat Stolle, President of the Governing Board of The Sanctuary of Tidewater, Inc., spoke in favor of the application. Upon motion by Councilman Heischober, seconded by Councilwoman Creech, City Council APPROVED the request of SANCTUARY OF TIDEWATER, INC. for an Appro- priation of Five Thousand ($5,000) dollars. Voting: 9-2 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: Mayor Louis R. Jones, and J. Henry McCoy, Jr., D.D.S. Council Members Absent: None March 12, 1984 - 44 - Item II-J.1 ADJOURNMENT ITEM It 21556 By CONSENSUS, Council adjourned the meeting at 3:38 p.m. I ~~. '2k(l ffl,) Deputy City Clerk ~ u~ges S ith. CMC City Clerk I City of Virginia Beach Virginia /bh I March 12, 1984