FEBRUARY 6, 1984
II III
M I NUT E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
February 6, 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, February 6, 1984, at Twelve Thirty-Five in the
afternoon.
Council Members Present:
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. McC1anan, J. Henry McCoy, Jr.,
D.D.S., and Meyera E. Oberndorf
Council Members Absent:
Nancy A. Creech *
Note:
Councilwoman Creech entered the meeting at 12:40 p.m.
February 06, 1984
- 2 -
ITEM # 21301
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 purposes:
1. PERSONNEL MATTERS: Discussion or consideration of employment,
assignment, appointment, promotion, performance, demotion,
salaries, disciplining or resignation of public officers,
appointees or employees.
2. PUBLICLY HELD PROPERTY: Discussion or consideration of the
condition, acquisition or use of real property for public
purpose, or of the disposition of publicly held property,
or of plans for the future of an institution which could
affect the value of property owned or desirable for ownership
by such institution.
3. PROSPECTIVE BUSINESS OR INDUSTRY: Discussion concerning a
prospective business or industry where no previous announce-
ment has been made of the business' or industry's interest
in locating in the community.
4. PUBLIC FUNDS INVESTMENT: The investing of public funds where
competition or bargaining is involved where, if made public
initially, the financial interest of the governmental unit
would be adversely affected.
Upon motion by Councilman Robert Jones, seconded by Vice Mayor Henley,
City Council voted to proceed into the EXECUTIVE SESSION following the
INFORMAL SESSION.
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. McC1anan, J. Henry McCoy, Jr.,
D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech
February 06, 1984
" III
- 3 -
MAT T E R S
B Y
MAY 0 R/V ICE
MAYOR
THEATRE PRODUCTION/
COUNCILMAN ROBERT JONES
ITEM II 21302
Mayor Jones focused attention on Councilman Robert Jones for his role (as
a "lecherous" Senator) in the Virginia Beach Little Theatre production
entitled, "Call Me Hadam".
NATIONAL LEAGUE
OF CITIES CONFERENCE
ITEM # 21303
The National League of Cities Congressional Conference will be held in
Washington, DC on Harch 3, 4, 5 and 6, 1984.
COUNCIL HEETING
MARCH 5, 1984
ITEM II 21304
At the January 16, 1984 Council Heeting, several Council Members expressed
an interest in attending the National League of Cities Conference March
3, 4, 5 and 6, 1984; consequently, the matter of whether or not to cancel
the Harch 5, 1984 Council Meeting was to be determined at this meeting.
Only one Council Hember, Councilman Robert Jones, will be attending the
NLC Conference.
By consensus, Council will have the regularly scheduled meeting of March 5,
1984.
RESOLUTION OF APPRECIATION!
LEON R. JOHNSON
ITEH II 21305
Because Leon R. Johnson could not be present this date, due to illness, to
receive a Resolution of Appreciation (see Item II-E.2.d of the Formal Agenda);
Mayor Jones stated this item would be deferred to February 13, 1984.
BIRTHDAYS/COUNCIL MEHBERS
ITEM II 21306
Hayor Jones recognized birth dates, in the month of February, of the following
Council Members:
February 10
Meyera E. Oberndorf
February 11
John A. Baum
February 15
J. Henry McCoy, Jr., D.D.S.
February 17
Mayor Louis R. Jones
77th STREET STRUCTURES
ITEM # 21307
Vice Mayor Henley called attention to written and verbal complaints registered
with her regarding the large structures under construction in the vicinity of
77th Street which, according to those registering the complaints, are incompatible
with the residential neighborhood in question. Per Councilman Jennings,
Staff investigation is presently underway regarding this issue as a result of
Reid Ervin's suggestion for a "Special Structures Overlay" during a meeting
of North Virginia Beach Civic League in January (at which Councilmen Jennings
and Heischober were in attendance as guest speakers). The Vice Mayor gave the
City Manager the documents she had received for his disposition.
February 06, 1984
- 4 -
MAT T E R S
B Y
C 0 U N C I L
TALENT BANK/
CABLE TELEVISION
ITEM II 21308
Councilman Jennings requested the Staff initiate appropriate procedures
for promoting information relative to the Talent Bank on the City's channel (29)
of cable television.
OPERATING BUDGET SURVEY
ITEM II 21309
In response to Councilman Jennings' question as to when a preliminary report
would be available on the "Operating Budget Survey", City Manager Hueh1enbeck
(in confirmation with Finance Director Giles Dodd) advised it would be
available at the February 13, 1984 Council Meeting.
CON SULTANT/TRAN SPORTAT ION/
MASTER STREET AND HIGHWAY
PLAN/COMPREHENSIVE LAND
USE PLAN
ITEM # 21310
Councilwoman Oberndorf expressed her concern that perhaps the services of
an "outside" registered Professional Engineer should be secured to review
the City's transportation needs. After discussion by Council Members, it
was determined that this would necessarily involve updating the Master
Street and Highway Plan which, of course, would result in modifications
to the Comprehensive Plan (inasmuch as the Comprehensive Land Use Plan
incorporates the Master Street and Highway Plan by reference). Ultimately,
the Capital Improvements Program would be affected. The City Manager was
requested to consider the possibility of a "staff review" or consultant
study and make his recommendations to City Council.
SOUTHEASTERN FREEWAY
ITEM # 21311
During the discussion on
Consultant (Professional
needs, Councilman Robert
involved in the study of
the interest of engaging the services of a
Engineer) to study the City's transportation
Jones expressed his desire that the State be
the Southeastern Freeway concept.
INDEPENDENCE BOULEVARD
WIDENING
ITEM II 21312
Councilwoman McC1anan commented that if the City desired the State's
investigation of the Independence Boulevard widening matter, then Council
should adopt a resolution to that effect.
RESOLUTION/WATER PLAN
ITEH II 21313
In response to Councilwoman Oberndorf's inquiry as to whether or not the
Resolution regarding the "water plan" would be included in the Comprehen-
sive Plan, Planning Director Robert Scott advised his staff and the
Planning Commission are reviewing same and that it will be approximately
another 90 to 100 days, perhaps longer, before a presentation can be made
to Council.
February 06, 1984
;I I II
- 5 -
MAT T E R S
B Y
C I T Y
MAN AGE R
CONVERSION OF
FEEDER ROADS/
VIRGINIA BEACH
BOULEVARD
ITEM II 21314
Department of Public Works Director Oral Lambert made a presentation
regarding the conversion of feeder roads (service roads) to one-way
on Virginia Beach Boulevard. He stated the Virginia Department of
Highways and Transportation has undertaken a study for the City of Norfolk
regarding this issue (to the Virginia Beach/Norfolk line at Newtown Road).
The State's position is that the concept of converting the feeder roads
to one-way on Virginia Beach Boulevard is a valid one. The ultimate goal
is to have eight lanes on Virginia Beach Boulevard.
The City of Virginia Beach polled the residents/businesses (between Newtown
and Witchduck Roads) who would be affected by this conversion. There are
125 residents/businesses in that particular area. Sixty-five (65) responses
were received -- 10 individuals were in favor and 55 were in opposition,
primarily because of limited access to their properties.
From a technical standpoint, the Staff has suggested this one-way conversion
would be a betterment for the City.
At any given intersection, there are 72 potential points of conflict
(in turning maneuvers). This number would be reduced to 45 points of
conflict if the conversion were made to one-way, and it would be further
reduced to 24 should Virginia Beach Boulevard be converted to eight lanes.
Mr. Lambert presented a sketch (hereby made a part of the record) indicating
the points of potential conflict as hereinabove described.
Mr. Lambert expressed his desire to have a public hearing wherein some
definite plans could be presented. His concern was that the State is not
obligated to cancel a project just because of opposition.
The consensus of Council was that the City Manager will request the
Virginia Department of Highways and Transportation to formulate a design
for one-way feeder roads on Virginia Beach Boulevard, and the Staff and
the VDH&T will present the plan to the citizens of Virginia Beach, and
thereafter to City Council.
HILLTOP LOOP
ITEM # 21315
There was no discussion on the matter of Hilltop Loop inasmuch as it is
still in litigation. Details will be forthcoming at a later date.
CREDIT UNION/
VIRGINIA BEACH
ITEM # 21316
The City Manager presented to Council a site plan depicting the proposed
expansion of the Virginia Beach Credit Union which would double its present
size. This site plan was presented as a concept prior to proceeding with
the plans for construction. The land does belong to the City; however, the
construction will be performed at no cost to the City. Operating costs are
borne by the Credit Union. By consensus, Council approved the plans for
expansion of the Credit Union, whereby the City will own the land and building.
The Virginia Beach Credit Union has a branch office on Bonney Road.
February 06, 1984
- 6 -
MAT T E R S
B Y
C I T Y
MAN AGE R
(continued)
VIRGINIA MUNICIPAL LEAGUE
LEGISLATIVE DAY/DINNER
ITEM # 21317
David Grochma1, Assistant to the City Manager for Intergovernmental Relations,
made reference to a letter sent to each Council Member regarding the annual
trip to Richmond for the Virginia Municipal League Legislative Day.
By consensus, Council will go to Richmond on the Twenty-second of February
and will have dinner with the Delegates after the reception (to be held
5:30 p.m. to 7:00 p.m.).
Mr. Grochma1 presented Council with "Status of Virginia Beach Legislative
Package" dated February 6, 1984 (which is hereby made a part of the record).
Discussion.
EASTERN VIRGINIA
MEDICAL ASSOCIATION/
TOUR
ITEM II 21318
David Grochma1 advised Council of Dr. William D. Mayer's invitation for
Council Members to tour the Eastern Virginia Medical Association on
February 14, 16, 21 or 23, 1984. By consensus, Council accepted the
invitation for the Twenty-third of February.
CONSENT AGENDA
ITEM II 21319
Vice Mayor Henley requested Item 11-1.15 of the Formal Agenda (Heritage
Construction) be pulled for a separate vote.
UNREDEEMED ANIMALS
ITEM # 21320
City Manager Mueh1enbeck advised the Ordinance pertaining to unredeemed
animals (Item II-H.1 of the Formal Agenda) would be effective 30 days
from the date of adoption.
February 06, 1984
- 7 -
RECESS INTO
EXECUTIVE
SESSION
ITEM # 21321
City Council recessed into EXECUTIVE SESSION at One Forty in the afternoon.
February 06, 1984
II I
- 8 -
FOR MAL
S E S S ION
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
February 6, 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. McC1anan,
J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Absent:
None
INVOCATION:
Reverend Mathew H. Lewis
First Lynnhaven Baptist Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
February 06, 1984
II II!
- 9 -
ADD-ON
COX CABLE TELEVISION
ITEM II 21322
Roger Pierce, Vice President and General Manager of Cox Cable Television,
presented to Mayor Louis Jones and the City Manager each a plaque
commemorating the inaugural meeting of Council on January 9, 1984.
The plaque read as follows:
"INAUGURAL CABLE CAST
"VIRGINIA BEACH CITY COUNCIL MEETING
"January 9, 1984
"cox CABLE CHANNEL 29
'The basis of our government being the opinion
of the people, the very first objective should
be to keep that right.'
"Thomas Jefferson"
February 06, 1984
- 10 -
Item II-D.1
MINUTES
ITEM II 21323
Upon motion by Vice Mayor Henley, seconded by Councilwoman Oberndorf,
City Council APPROVED the Minutes of January 23, 1984, with corrections
as follows:
Page 28 - Item II 21287 (application of Earle W.
Greene for a Change of Zoning from
0-1 to B-2)
ADD a second condition as follows:
2. Vacation of Lot Lines.
Page 38 - Item II 21295 (Automated Services
Division, Data Processing)
ADD to the second paragraph, second
line, after the word "second", a
new sentence as follows:
Councilman Jones withdrew his motion.
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. McC1anan,
J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
February 06, 1984
- 11 -
Item II-E.1
PRESENTATION
ITEM II 21324
On behalf of the men and women of the Guard and Reserve Forces, William
Archer, of the National Guard, presented a CERTIFICATE OF APPRECIATION
to Mayor Jones from the National Committee for Employer Support of the
Guard and Reserve. Said Certificate was signed by Unit Commander D. Thompson
and State Chairman Walter J. McGraw. With Hr. Archer was Staff Sergeant
Stephen Chapel.
February 06, 1984
- 12 -
Item II-E. 2. a-d
PRESENTATIONS
ITEM II 21325
Mayor Jones presented RESOLUTIONS OF APPRECIATION to the following:
EDWARD BATTEN *
Planning Commission
R. DEAN LEE
Planning Commission
J. HARRY MOTE
Planning Commission
*Mr. Batten was not present; therefore, his Resolution of Appreciation
will be mailed to him by the City Clerk.
Deferred to February 13, 1984 was the Resolution of Appreciation to
Leon R. Johnson - Mosquito Control Commission. Due to illness,
Mr. Johnson was unable to be in attendance at this meeting.
February 06, 1984
II II
- 13 -
Item II-E.3
PRESENTATION
ITEM II 21326
Councilwoman Nancy A. Creech presented a RESOLUTION IN RECOGNITION to
DORCAS T. HELFANT, President of the Virginia Association of Realtors,
for her contribution of time, energy, and knowledge for the citizens of
the City of Virginia Beach and for her personal, as well as professional,
accomplishments which have richly reflected upon the City.
February 06, 1984
- 14 -
Item II-F. 1
PUBLIC HEARING
ITEM II 21327
Mayor Jones declared a Public Hearing on the following:
PROPOSED BUDGET INCREASE TO APPROPRIATE FUNDS
OF $9,525 AND TRANSFER FUNDS OF $43,000 FOR
COMMUNICATIONS EQUIPMENT FOR THE POLICE
DEPARTMENT.
There being no speakers, Mayor Jones closed the Public Hearing.
February 06, 1984
II I
- 15 -
Item II-F. 2
PUBLIC HEARING
ITEM II 21328
Mayor Jones declared a Public Hearing on the following:
PROPOSED BUDGET INCREASE TO APPROPRIATE FUNDS
OF $65,000 TO THE DEPARTMENT OF PUBLIC
UTILITIES FOR ADDITIONAL CAPITAL OUTLAY.
There being no speakers, Mayor Jones closed the Public Hearing.
February 06, 1984
-15a-
l'he Beacon
:'; ;.)'.
Jarl: 29, 1984
1f"'~~~ PUBLIC
~ NOTICE
., ""'- ....1'...
PUBLIC HEARING
City of Virginia Beach, Virginia
PROPOSED BUDGETARY INCREASES
FOR THE 1983.1984 FISCAL YEAR
Pursuant to Chapter 2, of the
City Code, a public hearing will
be held by the City Council in
Council Chambers in the City
Hall Building on Monday, Feb- .
ruary 6, 1984 at 2:00 p.m., to
discuss proposed increases in the
Operating Budget for fiscal year
1983-1984 as follows:
PROPOSED INCREASES~
I....'
General Fund:
Police Deparbnent
o Radio Replacement. . . $9,525
Water and Sewer Fund:
Deparbnent of Public
o Utilities. . . . . . . . . . $65,000
ESTIMATED REVENUES
General Fund:
Revenue from Use of
Money and Property:
Sale of Salvage ....... $9 .525
Water and Sewer Fund:
Revenue from Local
Sources: Charges
for Services. . . . . . . . $65,000
,..
Individuals desiring to provide
oral comment should register be-
fore the hearing begins with the
City Clerk's Office on the second
floor of the City Hall Building o~
by calling 427-4303.
.-~
~ Ruth Hodpo Smith. CMC,
City Clerk
..
.................. .,
_~ ,....'..~.' ..:.... ...1. ...
39"
February 06, 1984
II II
- 16 -
Item II-G.1
RESOLUTION
ITEM II 21329
Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf,
City Council ADOPTED a Resolution extending the Council's gratitude to
R. G. MOORE AND FRANCES MOORE for contributing the KEMPSVILLE GOLF
COURSE to the City of Virginia Beach.
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. McC1anan,
J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Hembers Voting Nay:
None
Council Members Absent:
None
~'''''' '
February 06, 1984
,I II
-16a-
REQUESTED BY: COUNCILMAN J. HENRY McCOY, JR.
RES 0 L UTI 0 N
WHEREAS, Kempsville is the largest borough in the
City of Virginia Beach and is almost fully developed with nearly
one third of the City's population; and
,.
WHEREAS, R. G. MOORE is a developer of vast properties
and recently acquired the Kempsville Golf Course; and
WHEREAS. R. G. MOORE realized the City's need for this
recreational facility and thereby made an offer of the Kempsville
Golf Course by deed as a gift.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
That the offer of this valuable parcel of property is
appreciated and will be accepted upon tendering and review of
the deed of gift.
~~
BE IT FURTHER RESOLVED that this resolution extends
the Council's gratitude to R. G. MOORE and FP~NCES MOORE for
their thoughtfulness in contributing this valuable parcel to the
City of Virginia Beach.
.
February 06, 1984
II II
- 17 -
Item II-G.2. a-e
RESOLUTIONS
ITEM II 21330
Upon motion by Councilman Baum, seconded by Councilman Heischober, City
Council ADOPTED the following Resolutions approving the issuance of
INDUSTRIAL DEVELOPMENT REVENUE BONDS:
E. R. REALTY ASSOCIATES (amendment of Council
action November 14, 1983)
$4,000,000
SANDBRIDGE LIGHT ASSOCIATES
$ 250,000
RALPH I
$1,230,000
PEMBROKE SQUARE REDEVELOPMENT ASSOCIATES, LTD.
$6,000,000
If~
CHIMNEY HILL LODGE, LTD.
$6,500,000
Voting: 8-3
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III,
Reba S. McC1anan, J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
.~
Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., and
Meyera E. Oberndorf
Council Members Absent:
None
February 06, 1984
-17a-
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
INDUSTRIAL DEVELOPMENT REVENUE BOND
,-
proj ect Name: E. R. Realty Associates
proj ect Location: 2707 Atlantic Avenue, Virginia Beach, Virginia 23454
~.
Description of proj ect: Motel Facility
Amount of Bond (s): $4,000,000
Principals: Ellen Richardson
,....
City Council approved this Resolution on November 14, 1983,
for $3,150,000. This Resolution amends the amount of the bonds
issued to $4,000,000.
'"'
February 06, 1984
-17b-
FISCAL IMPACT STATEMENT
January 10, 1984
E. R. Realty Associates
Motel Facility
.-
1. Maximum amount of financing sought
$4,000,000
2. Estimated taxable value of the facility's
real property to be constructed in the
municipality
$2,500,000
3. Estimated real property tax per year
using present tax rates
$ 16,000
4. Estimated personal property tax per
year using present tax rates
$ 5,700
5. Estimated merchants' capital tax
(business license tax) per year using
present tax rates
$ 50,000
6. Estimated dollar value per year of
goods and services that will be
purchased locally
$ 120,000
7. Estimated number of regular employees
on year round basis
$
$
12
6,500
,..,
8. Average annual salary per employee
li<~
CITY OF VIRGINIA BEACH
DEVELOPMENT AUTHORITY
By
Chairman
,..
'.....
February 06, 1984
Ii
-17c-
A meeting of the Council of the City of Virginia
Beach, Virginia, was held in the Council Chambers, in the
Administration Building, on the day of , 1984.
On motion by
and seconded by
Resolution was adopted.
, the following
....
RESOLUTION APPROVING THE ISSUANCE OF INDUSTRIAL
DEVELOPMENT REVENUE BONDS FOR E. R. REALTY
ASSOCIATES
WHEREAS, the City of Virginia Beach Development
Authority (the Authority), has considered the application
of E. R. Realty Associates (the Company) for the issuance of
the Authority's industrial development revenue bonds in an
amount not to exceed $4,000,000 (the Bonds) to assist in the
financing of the Company's acquisition and improvement of a
motel facility (the Facility) located at 2707 Atlantic Avenue
in the City of Virginia Beach, Virginia, and to be owned by
the Company, and has held a public hearing thereon on
January 10, 1984; and
,.'
WHEREAS, the Authority has recommended that the
Ib-..
City Council (the Council) of City of Virginia Beach,
Virginia (the City), approve the issuance of the Bonds to
comply with Section 103(k) of the Internal Revenue Code of
1954, as amended, and Section 15.1-1378.1 of the Code of
Virginia of 1950, as amended; and
WHEREAS, a copy of the Authority's resolution
approving the issuance of the Bonds, subject to terms to be
agreed upon, a record of the public hearing with respect to
the Bonds and a Fiscal Impact Statement in the form
prescribed by Section 15.1-1378.2 of the Code of Virginia of
1950, as amended, have been filed with the Clerk of the
...
Council;
....
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. The recitals made in the preambles to this
Resolution are hereby adopted as a part of this Resolution.
February 06~ 1984
I,
-17d-
...
2. The Council of the City of Virginia Beach,
Virginia, approves the issuance of the Bonds by the City of
Virginia Beach Development Authority for the benefit of the
Company, to the extent of and as required by Section 103(k)
of the Internal Revenue Code of 1954, as amended, and Section
15.1-1378.1 of the Code of Virginia of 1950, as amended, to
permit the Authority to assist in the financing of the
Facility.
ilw.,
3. The approval of the issuance of the Bonds, as
required by such Sections 103(k) and 15.1-1378.1, does not
constitute an endorsement of the Bonds or the credit-
worthiness of the Company, but, pursuant to Chapter 643,
Virginia Acts of Assembly of 1964, as amended, the Bonds
shall provide that neither the City nor the Authority shall
be obligated to pay the Bonds or the interest thereon or
other costs incident thereto except from the revenues and
moneys pledged therefor, and neither the faith or credit nor
the taxing power of the Commonwealth, the City, or the
Authority shall be pledged thereto.
,-'
4. This Resolution shall take effect immediately
upon its adoption.
Adopted by the Council of the City of Virginia
Beach, Virginia, on February 6 ,1984.
...
,-
February 06, 1984
-2-
-17e-
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
INDUSTRIAL DEVELOPMENT REVENUE BOND
Project Name:
SANDBRIDGE LIGHT ASSOCIATES, A VIRGINIA
GENERAL PARTNERSHIP
,....
Project Location:
TO BE CONSTRUCTED ON A LOT ON THE WE ST SIDE OF
SANDPIPER ROAD, APPROXIMATELY 550 FEET SOUTH
OF THE INTERSECTION OF SANDBRIDGE ROAD AND
SANDPIPER ROAD
Description of
Project:
A 5,100 SQUARE FOOT COMMERCIAL OFFICE
AND RETAIL FACILITY
Amount of
Bond(s) :
$250,000.00
Principal s :
DAVID L. KABLER AND JAMES H. KABLER
12.C.19.C
,.
'"'"
February 06, 1984
II
II I
-17f-
FISCAL IMPACT STATEMENT
FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING
DATE: JANUARY 10, 1984
TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA
PROJECT NAME: SANDBRIDGE LIGHT ASSOCIATES, A VIRGINIA GENERAL
PARTNERSHIP
TYPE OF FACILITY: COMMERCIAL OFFICE AND RETAIL FACILITY
~"",
1. Maximum amount of financing sought $ 250,000.00
2. Estimated taxable value of the facility's $ 400,000.00
real property to be constructed in the
municipality
3. Es timated real property tax per year using $ 3,200.00
present tax rates
4. Estimated personal property tax per year $ 1,500.00
using present tax rates
5. Estimated merchants' capital (business license) $ 2,630.00
tax per year using present tax rates
6. Estimated dollar value per year of goods $ 60,000.00
and services that will be purchased locally
7. Estimated number of regular employees on
year round basis
22
8. Average annual salary per employee
$ 12,000.00
t"
The information contained in this Statement is based solely on
facts and estimates provided by the Applicant, and the Authority has
made no independent investigation with respect thereto.
City of Virginia Beach
Development Authority
By
Chairman
12.C.17.C
...
February 06, 1984
.1 I
-17g-
RESOLUTION APPROVING THE ISSUANCE
OF INDUSTRIAL DEVELOPMENT REVENUE BONDS
FOR SANDBRIDGE LIGHT ASSOCIATES,
A VIRGINIA GENERAL PARTNERSHIP
WHEREAS, the City of Virginia Beach Development Authority (the
"Authority") has considered the application and plan of financing of
Sandbridge Light Associates, a Virginia general partnership (the
"Company") for the issuance of the Authority's industrial development
revenue bonds in an amount estimated at Two Hundred Fifty Thousand
Dollars ($250,000.00) (the "Bonds") to assist in the financing of the
Company's construction and equipping of a 5,100 square foot commercial
office and retail facility (the "Facility") to be located on the west
side of Sandpiper Road, approximately 550 feet south of the intersection
of Sandbridge Road and Sandpiper Road, Virginia Beach, Virginia and
after proper notice in a newspaper of general circulation has held a
public hearing thereon on January 10, 1983; and
WHEREAS, the Authority has requested the City Council (the
"Council") of Virginia Beach, Virginia (the "City") to approve the
issuance of the Bonds to comply with Section 103(k) of the Internal
Revenue Code of 1954, as amended; and
WHEREAS, pursuant to Section 15.1-1378.1 Code of Virginia,
1950, as amended, a copy of the Authority's Resolution approving the
issuance of the Bonds, subject to terms to be agreed upon, and a reaso-
nably detailed summary of the comments expressed at the public hearing,
if any, have been filed with the Council of the City of Virginia Beach,
Virginia;
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF VIRGINIA BEACH, VIRGINIA:
1. The Council of the City of Virginia Beach, Virginia, appro-
ves the issuance of the Bonds by the City of Virginia Beach Development
Authority for the benefit of Sandbridge Light Associates, a Virginia
general partnership to the extent of and as required by Section 103(k)
of the Internal Revenue Code, to permit the Authority to as sis t in the
financing of the Facility.
2. The approval of the is suance of the Bonds, as required by
-1-
February 06, 1984
,I I
-17h-
Section 103(k), does not constitute an endorsement of the Bonds or the
creditworthiness of the Company; but, pursuant to Chapter 643, Virginia
Acts of Assembly of 1964, as amended, the Bonds shall provide that
neither the City nor the Authority shall be obligated to pay the Bonds
or the interest thereon or other costs incident thereto except from the
revenues and monies pledged therefore, and neither the faith or credit
nor the taxing power of the Commonwealth, the City or the Authority
shall be pledged thereto.
3. This Resolution shall take effect immediately upon its
adoption.
ADOPTED by a majority of a quorum of the Council of the City of
Virginia Beach, Virginia on January _, 1983.
12.C.21.C
,o,
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Sixth day of February, Nineteen Hundred and Eighty-Four.
-2-
February 06, 1984
-17i-
III1
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
INDUSTRIAL DEVELOPMENT REVENUE BOND
."'"
Project Name:
Ralph I, a Virginia General Partnership
Location: Parcel 24, Seahawk Circle, Oceana West
Industrial Park, Virginia Beach, Virginia
Description of Project: 27,000 Sq. Ft. Commercial Office & Warehouse
Facility to be Contained in 1 to 3 Buildings
Amount of Bond Issue: $1,230,000.00
Principals: Robert Josephberg
James C. Nocito
,~
,,~<
February 06, 1984
II I
-17j-
FISCAL IMPACT STATEMENT
FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING
DATE: JANUARY 10, 1984
TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA
PROJECT NAME: RALPH I, A VIRGINIA GENERAL PARTNERSHIP
TYPE OF FACILITY: COMMERCIAL OFFICE AND WAREHOUSE FACILITY
1. Maximum amount of financing sought
$1,230,000.00
$1,355,000.00
2. Estimated taxable value of the facility's
real property to be cons tructed in the
municipality
3. Estimated real property tax per year using $ 10,840.00
present tax rates
4. Estimated personal property tax per year $ 21,600.00
using present tax rates
5. Estimated merchants' capital (business license) $ 10,980.00
tax per year using present tax rates
6. Estimated dollar value per year of goods $ 360,000.00
and services that will be purchased locally
7. Estimated number of regular employees on $ 72
year round basis
8. Average annual salary per employee $ 15,000.00
The information contained in this Statement is based solely on
facts and estimates provided by the Applicant, and the Authority has
made no independent investigation with respect thereto.
City of Virginia Beach
Development Authority
By
Chairman
12.C.24.C
February 06, 1984
III
-17k-
RESOLUTION APPROVING THE ISSUANCE
OF INDUSTRIAL DEVELOPMENT REVENUE BONDS
FOR RALPH I,
A VIRGINIA GENERAL PARTNERSHIP
WHEREAS, the City of Virginia Beach Development Authority (the
"Authority") has considered the application and plan of financing of
Ralph I, a Virginia general partnership (the "Company") for the issuance
of the Authority's industrial development revenue bonds in an amount
estimated at One Million Two Hundred Thirty Thousand Dollars
($1,230,000.00) (the "Bonds") to assist in the financing of the
Company's construction and equipping of a 27,000 square foot commercial
office and warehouse facility consisting of 1 to 3 buildings (the
"Facility") to be located on Lot 24 (Seahawk Drive), Oceana West
Industrial Park, Virginia Beach, Virginia, and after proper notice in a
newspaper of general circulation has held a public hearing thereon on
January 10, 1983; and
WHEREAS, the Authority has requested the City Council (the
"Council") of Virginia Beach, Virginia (the "City") to approve the
issuance of the Bonds to comply with Section 103(k) of the Internal
Revenue Code of 1954, as amended; and
WHEREAS, pursuant to Section 15.1-1378.1 Code of Virginia,
1950, as amended, a copy of the Authority's Resolution approving the
issuance of the Bonds, subject to terms to be agreed upon, and a reaso-
nably detailed summary of the comments expressed at the public hearing,
if any, have been filed with the Council of the City of Virginia Beach,
Virginia;
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF VIRGINIA BEACH, VIRGINIA:
1. The Council of the City of Virginia Beach, Virginia, appro-
ves the is suance of the Bonds by the City of Virginia Beach Development
Authority for the benefit of Ralph I, a Virginia general partnership to
the extent of and as required by Section 103(k) of the Internal Revenue
Code, to permit the Authority to as sis t in the financing of the
Facili ty .
2. The approval of the issuance of the Bonds, as required by
-1-
1II11
-171-
Section l03(k), does not constitute an endorsement of the Bonds or the
creditworthiness of the Company; but, pursuant to Chapter 643, Virginia
Acts of Assembly of 1964, as amended, the Bonds shall provide that
neither the City nor the Authority shall be obligated to pay the Bonds
or the interest thereon or other costs incident thereto except from the
", revenues and monies pledged therefore, and neither the faith or credit
nor the taxing power of the Commonwealth, the City or the Authority
shall be pledged thereto.
3. This Resolution shall take effect immediately upon its
adoption.
ADOPTED by a majori ty of a quorum of the Council of the City of
Virginia Beach, Virginia on January , 1983.
12.C .28.C
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Sixth day of February, Nineteen Hundred and Eighty-Four.
-2-
February 06, 1984
II I I
-17m-
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
INDUSTRIAL DEVELOPMENT REVENUE BOND
Proj ect Name: Pembroke Square Redevelopment Associates, Ltd.
Project Location: Southwest corner of Independence Boulevard and
Witchduck Road, Virginia Beach, Virginia
'.
Description of proj ect: Shopping Center and Office Facility
Amount of Bond (s): $6,000,000
Principals: Charles T. Reeder
February 06, 1984
11'1'
-17n-
FISCAL IMPACT STATEMENT
December 13, 1983
Pembroke Square Redevelopment Associates, Ltd.
Shopping Center and Office Facility
,...
1. Maximum amount of financing sought
2. Estimated taxable value of the facility's
real property to be constructed in the
municipality
3. Estimated real property tax per year
using present tax rates
$6,000,000
$7,000,000
$
56,000
4. Estimated personal property tax per
year using present tax rates
5. Estimated merchants' capital tax
(business license tax) per year using
present tax rates
$
15,000
~
2,089
6. Estimated dollar value per year of
goods and services that will be
purchased locally
7. Estimated number of regular employees
on year round basis
$5,000,000
8. Average annual salary per employee
~
$
12,000
150
I""
CITY OF VIRGINIA BEACH
DEVELOPMENT AUTHORITY
By
Chairman
,...
February 06, 1984
II I I
-170-
A meeting of the Council of the City of Virginia
Beach, Virginia, was held in the Council Chambers, in the
Adminis tra tion Building, on the _ day of , 1983.
On motion by
and seconded by
Resolution was adopted.
, the following
RESOLUTION APPROVING THE ISSUANCE OF
INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR
PEMBROKE SQUARE REDEVELOPMENT ASSOCIATES, LTD.
WHEREAS, the City of Virginia Beach Development
Authority (the Authority), has considered the application
of Pembroke Square Redevelopment Associates, Ltd. (the
Company) for the issuance of the Authority's industrial deve-
lopment revenue bonds in an amount not to exceed $6,000,000
(the Bonds) to assist in the financing of the Company's
acquisition, renovation and equipping of a shopping center
and office facility (the Facility) to be located at the
southwest corner of Independence Boulevard and Witchduck Road
in the City of Virginia Beach, Virginia, and to be owned by
the Company, and has held a public hearing thereon on
December 13, 1983; and
WHEREAS, the Authority has recommended that the
City Council (the Council) of City of Virginia Beach,
Virginia (the City), approve the issuance of the Bonds to
comply with Section 103(k) of the Internal Revenue Code of
1954, as amended, and Section 15.1-1378.1 of the Code of
Virginia of 1950, as amended; and
WHEREAS, a copy of the Authority's resolution
approving the issuance of the Bonds, subject to terms to be
agreed upon, a record of the public hearing with respect to
the Bonds and a Fiscal Impact Statement in the form
prescribed by Section 15.1-1378.2 of the Code of Virginia of
1950, as amended, have been filed with the Clerk of the
Council;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
February 06, 1984
II I
-17p-
1. The recitals made in the preambles to this
Resolution are hereby adopted as a part of this Resolution.
2. The Council of the City of Virginia Beach,
Virginia, approves the issuance of the Bonds by the City of
Virginia Beach Development Authority for the benefit of the
Company, to the extent of and as required by Section 103(k)
of the Internal Revenue Code of 1954, as amended, and Section
15.1-1378.1 of the Code of Virginia of 1950, as amended, to
permit the Authority to assist in the financing of the
Facility.
3. The approval of the issuance of the Bonds, as
required by such Sections 103(k) and 15.1-1378.1, does not
constitute an endorsement of the Bonds or the credit-
worthiness of the Company, but, pursuant to Chapter 643,
Virginia Acts of Assembly of 1964, as amended, the Bonds
shall provide that neither the City nor the Authority shall
be obligated to pay the Bonds or the interest thereon or
other costs incident thereto except from the revenues and
moneys pledged therefor, and neither the faith or credit nor
the taxing power of the Commonwealth, the City, or the
Authority shall be pledged thereto.
4. This Resolution shall take effect immediately
upon its adoption.
Adopted by the Council of the City of Virginia
Beach, Virginia, on February 6 , ~&~4 1984.
".
February 06, 1984
-2-
11'1 I
-17q-
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
INDUSTRIAL DEVELOPMENT REVENUE BOND
Project Name: CHH1NEY HILL LODGE
Project Location: Off Chimney Hill Parkway, behind the
Chimney Hill Shopping Center in the
City of Virginia Beach, Virginia
Description of Project: 124 unit, congregate care, market
rate facility for the elderly
Amount of Bond(s):
Not to exceed $6,500,000
Principals:
Chimney Hill Lodge, Ltd.
William A. Halsey
Edward D. Herrick
Richard A. Beach
Lyle E. Thornton
".....
a"-.
February 06, 1984
II I
-17r-
11/5/83
FISCAL IMPACT STATEMENT
FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING
rt~
DATE:
TO:
THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA
PROJECT NAME:
CHIMNEY HILL LODGE
TYPE OF FACILITY: Market rate, elderly congregate care facility
1. Maximum amount of financing sought $-2...1.~QO 20PO
,
2. Estimated taxable value of the facility's
real property to be constructed in the
municipality $ 6,300,000
3. Estimated real property tax per year
using present tax rates
$
37,250
4. Estimated personal property tax per
year using present tax rates
$
5,000
.....
5. Estimated merchants' capital (business
license) tax per year using present tax
rates
$
6. Estimated dollar value per year of goods
and services that will be purchased
locally
$ 392,500 for facility
$1 . 1 00 . QQ..Qf..g,c.i~ p~ n ts
30 full time
$ 4 o.art time
S 9~950 (full tine)
7. Estimated number of regular employees on
year round basis
8. Average annual salary per employee
The information contained in this Statement is based solely
on facts and estimates provided by the Applicant, and the
Authority has made no independent investigation with repect
thereto.
City of Virginia Beach
Development Authority
By_
Cha Irrnan--- .
..
February 06, 1984
Iii
-17s-
RESOLUTION APPROVING THE ISSUANCE OF
INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR
CHIMNEY HILL LODGE, LTD.
WHEREAS, the City of Virginia Beach Development
''''''
Authority (the Authority) has considered the application of
Chimney Hill Lodge, Ltd. (the Company) for the issuance of the
Authority's industrial development revenue bonds in an amount
not to exceed $6,500,000 (the Bonds) to assist in the financing
of the Company's acquisition, construction and equipping of a
l24-unit congregate care facility for use as a residence for
care of the aged (the Facility) to be located on an
approximately 5.5-acre site located along Chimney Hill Parkway
approximately 600 feet south of the intersection of the Chimney
Hill Parkway and Holland Road, behind the Chimney Hill Shopping
Center in the City of Virginia Beach, Virginia, and has held a
public hearing thereon on January 10 , 1984; and
,....
WHEREAS, the Authority has requested the City Council
(the Council) of Virginia Beach, Virginia (the City) to approve
the issuance of the Bonds to comply with Section 103(k) of the
Internal Revenue Code of 1954, as amended; and
WHEREAS, pursuant to Section 15.1-1378.1, Code of
Virginia, 1950, as amended, a copy of the Authority's
resolution approving the issuance of the Bonds, subject to
terms to be agreed upon, and a reasonably detailed summary of
the comments expressed at the public hearing, if any, have been
filed with the Council of the City of Virginia Beach, Virginia;
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
1. The Council of the City of Virginia Beach,
',,",'
Virginia, approves the issuance of the Bonds by the City of
Virginia Beach Development Authority for the benefit of the
Company, to the extent of and as required by Section 103(k) of
the Internal Revenue Code, to permit the Authority to assist in
the financing of the Facility.
February 06, 1984
-17t-
II'
2. The approval of the issuance of the Bonds, as
required by Section l03(k), does not constitute an endorsement
of the Bonds or the creditworthiness of the Company; but,
pursuant to Chapter 643, Virginia Acts of Assembly of 1964, as
amended, the Bonds shall provide that neither the City nor the
Authority shall be obligated to pay the Bonds or the interest
thereon or other costs incident thereto except from the
revenues and moneys pledged therefor, and neither the faith or
credit nor the taxing power of the Commonwealth, the City, or
the Authority shall be pledged thereto.
3. This Resolution shall take effect immediately
upon its adoption.
Adopted by a majority of a quorum of the Council of
the City of Virg inia Beach, Virg inia, on F,:>r.rll::lry h ,1984.
~-
"...
,fI'I'"
2
February 06, 1984
11'11
I
- 18 -
Item II-G. 2. f-g
RESOLUTIONS
ITEM It 21331
Upon motion by Councilman Heischober, seconded by Councilman McCoy, City
Council ADOPTED Resolutions as follows:
Resolution encouraging the issuance of Special Industrial Development
Revenue Bonds not to exceed $4,250,000 by the Hampton Redevelopment
and Housing Authority for PHP ASSOCIATES.
AND,
Resolution approving the issuance of Special Industrial Development
Revenue Bonds in the amount of $4,200,000 by the Suffolk Redevelopment
and Housing Authority for WILLIAM A. CROSBY.
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. McC1anan,
J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
p,~-<-I'"I
Council Members Absent:
None
February 06, 1984
III
-18a-
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY APPROVAL
OF INDUSTRIAL DEVELOPMENT REVENUE BOND TO BE
ISSUED BY HAMPTON REDEVELOPMENT AND HOUSING AUTHORITY
''1'''1
Project Name:
PHP Associates
Location:
Salt Marsh Point between Norfolk Avenue
and Rudee Inlet
Description of Project:
114 Apartment Units with Recreational
Facilities (Tennis Court & Swimming Pool)
Amount of Bond Issue:
Not to Exceed $4,250,000.00
Principals:
George Powell
Joe Houska
Shelby pallette
The purpose of this Resolution is to encourage the Hampton
Redevelopment and Housing Authority to issue its Special
Revenue Bonds for the benefit of PHP Associates.
A fiscal impact statement will be attached to and submitted
with the Resolution approving the issuance of the bonds.
,,..,
"...,.."
February 06, 1984
-18b-
RESOLUTION
""'"
WHEREAS, PHP Associates, a Virginia general partnership
(the "Developer") desires to construct housing in the
City of Virginia Beach (the "City"); and
WHEREAS, the City wishes to induce the construction
of housing in order to provide needed apartment dwellings;
and
,....
WHEREAS, the Developer desires to finance the development
of said housing with the proqeeds of industrial development
bonds exempt from taxation pursuant to Section 103(b) (4)(A)
of the Internal Revenue Code of 1950, as amended; and
WHEREAS, the Hampton Redevelopment and Housing
Authority (the "Authority") has the power to make loans
for assistance in housing construction, and is willing
to issue its bonds for the benefit of the Developer.
NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL
OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
1. There is a need for the Authority to exercise
its aforesaid ~owers within the City for the purposes
hereinabove described and the Authority is invited and
encouraged to issue its bonds for the benefit of the
Developer and the furtherance of said purposes.
2. These resolutions shall not be deemed as endorsement
of said bonds or the creditworthiness of the Authority,
the Developer or any other person or entity, and the
bonds shall provide that the City shall not be obligated
to pay the bonds or the interest due thereon or other
costs incident thereto, and neither the faith and credit
nor the taxing power of the Commonwealth, the City or
the Authority shall be pledged thereto.
Adopted by the Council of the City of Virginia Beach,Vir~inia, on the
Sixth day of February, Nineteen Hundred and EightrFour-;--
Ill' ,
February 06, 1984
/
./
-18c-
'.
~ .....,. . :-iJ
SUMMARY SHEET
CITY OP VIRGINIA BEACH DEVELOPMENT AUTHORITY
APPROVAL OF ISSUANCE BY THE SUFFOLK
REDEVELOPMENT AND HOUSING AUTHORITY
OF ITS INDUSTRIAL DEVELOPMENT REVENUE BOND
...
Project Name:
William A. Crosby
Description of Project:
8.25-acre site at Donna BoUlevard
adjacent to the Friends School
148-unit, multi-family, residen~ial;
rental project
, ';...
Location:
Amount of Bond Issue:
$4,200,000
Principals:
William A. Crosby
The purpose of this Resolution is to approve Suffolk Redevelopment
and Housing Authority's issuance of its special Revenue Bonds for
the benefit of William A. Crosby.
A fiscal impact statement is attached to and submitted with this
Resolution.
,-
h.
"
'<.....,. . .:--~,J .
,...
February 06, 1984
,...
1.
2.
3.
,.... .
4.
it..,
5.
6.
7.
.,
...
, I
-18d-
...
..
FISCAL IHP.;CT ST.:;'T:=::.1ENT
.T::Inl'~r~/?t; 1 QQ41
Da;;e .
William A. Crosby
Applicant
-
Multi-family residential rental project
Facility
Maximum amount of financing sought
$4,200,000.00
Estimated taxable value 0: the facility's
real proper~y to be const=uctea in the
municipality
$3,622,500.00
Estimated real property tax per year using
present tax rates
$28,980.00
Estimated personal property tax per year
using present tax rates
$ N/A
Estimated merchants' capital tax per year
using present tax rates
$ N/A
Estimated dollar value per year of goods and
services that will be purchased locally
$he; '<71"1 1"11)
.
Estimated nu::-..ber of regular employees on
year round basis
$
? ( rwn )
8.
Average annual salary per employee
SlOrOO() 00
Author~ty Chairman
Suffolk Redevelopment & Hou~ing Authority (Issuer)
City of Virqinia Beach Development Authority (Host
Name oi Authority Jurisdicfil r
February 06, 1984
-18e-
RESOLUTION OF CITY COUNCIL APPROVING THE
ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE
BOND TO WILLIAM A. CROSBY
.-
WHEREAS, the City of Virginia Beach Development Authority of
Virginia Beach, Virginia (the "Development Authority"), has
considered the application of William A. Crosby, or any
corporation or partnership in which William A. Crosby is a
shareholder or partner (the "Developer"), to the Suffolk
Redevelopment and Housing Authority (the "Housing Authority") for
the issuance of the Housing Authority's revenue bonds in an
amount of approximately $4,200,000 (the "Bonds") to assist in the
financing of the Developer's acquisition and construction of a
148-unit multi-family residential rental project on a 8.25 acre
site which is located on Donna Boulevard, adjacent to the Friends
School, in the Hilltop area of the City of Virginia Beach,
.~
Virginia (the "Project"), and has held a public hearing thereon
on January 10, 1984; and
WHEREAS, the Development Authority has requested the City
Council (the "Council") of Virginia Beach, Virginia (the "City"),
to approve the acquisition and construction of the additional
housing and issuance of the Bonds by the Housing Authority to
comply with Section 103(k) of the Internal Revenue Code of 1954,
as amended, and proposed final Treasury regulations issued
thereunder; and
WHEREAS, pursuant to Section 15.1-1378.1, Code of Virginia
of 1950, as amended, a copy of the Housing Authority's resolution
approving the issuance of the Bonds, and a copy of the Develop-
ment Authority's resolution recommending approval of the Bonds by
the Council, subject to terms to be agreed upon, and reasonably
detailed summaries of the comments expressed at the public
hearings held thereon, if any, have been filed with the Council
of the City of Virginia Beach, Virginia;
February 06, 1984
II,
-18f-
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
''''''',
1. The Council of the City of Virginia Beach, Virginia,
approves the additional housing to be provided by the Project and
further approves the issuance of the Bonds by the Suffolk
Redevelopment and Housing Authority for the benefit of the
Developer, to the extent of and as required by Section 103(k) of
the Internal Revenue Code, to permit the Housing Authority to
assist in the financing of the Project.
2. The approval of the issuance of the Bonds, as required
by Section 103(k), does not constitute an endorsement of the
Bonds or the creditworthiness of the Developer, and the Bonds
shall provide that neither the City, the City of Suffolk, the
Development Authority nor the Housing Authority shall be
.....
obligated to pay the Bonds or the interest thereon or the costs
incident thereto except from the revenues and moneys pledged
therefor, and neither the faith or credit nor the taxing power of
the Commonwealth, the City, the City of Suffolk, the Development
Authority or the Housing Authority shall be pledged thereto.
3. This Resolution shall take effect immediately upon its
adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on February 06 ,1984.
,,:--
February 06, 1984
-2-
III
- 19 -
Item II-H. 1
ORDINANCE
ITEM It 21332
Speakers in favor of the Ordinance:
Elizabeth Sills
Monica Watkins
Upon motion by Councilwoman Oberndorf, seconded by Vice Hayor Henley,
City Council ADOPTED an Ordinance to AMEND AND REORDAIN SECTION 5-71
of the CODE of the City of Virginia Beach, Virginia, pertaining to the
disposition of unredeemed animals, with the stipulation that the
Ordinance will be effective thirty (30) days from the date of adoption.
This item was deferred for two weeks on January 23, 1984.
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. McC1anan,
J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
pj!"""
Council Members Absent:
None
February 06, 1984
III
-19a-
AN ORDINANCE TO AMEND AND REORDAIN SECTION
5-71 OF THE CODE OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, PERTAINING TO DISPOSITION
OF UNREDEEMED ANIMALS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
,~
That Section 5-71 of the Code of the City of Virginia
Beach, Virginia, pertaining to disposition of unredeemed animals
is hereby amended and reordained as follows:
Section 5-71. Same - Disposition of unredeemed animal.
If a dog or cat impounded under this article is not
claimed by its owner within five (5) days, it shall be disposed
of in accord with the provisions of section 29-213.19 of the Code
of Virginia. In the event a resident of the city proposes to
adopt such efiiffiel dog or cat, pursuant to such section, he shall
pay a fee not to exceed fifty dollars ($50.00) to be determined
administratively py the city manager ef-si~-~elle~s-efi~-f~f~y
eefi~s-t~6.5et to cover the cost of transfer, seizure and
gl!l"'f
veterinary care ef for the dog or cat. The person desiring to
adopt the dog or cat shall sign an adoption contract agreeing to
abide by the rules and regulations of the bureau of animal
control and shall have the dog or cat spayed or neutered within a
time period administratively set by the bureau of animal control
which time period shall not be less than thirty (30) days. Upon
producing proof that the dog or cat has been spayed or neutered,
the person may be entitled to a refund of all or part of the
above-mentioned fee, the amount of said refund, if any, to be
determined by the city m~nager or his duly authorized agent.
Failure to have the dog or cat spayed or pl'>1Jt.ered in accord with
this section shall constitute a Class 4 m
T' ,
I ':;:;
'''-~\ ('- r!
M""
shall, in the case of a dog, obtain a pro
-r-~ r \ e c--t.'.Z< -i.. \- c<
dog, pursuant to article III of this chap
a --t''{', e -.r--,d ""Y',.E."-(", t-
days of such transfer.
a+ ~J" c\ ~~y
~ d 0 -\~-L \ ;,,,
This ordinance shall become effe
its adoption.
Adopted by the Council of the C:
Virginia, this 6 day of February
KJC/da
l~{~t~If 11/7/83, 1/16/84, 1/25/84, 1/31/84
February 06, 1984
III
AN ORDINANCE TO AMEND AND REORDAIN SECTION
5-71 OF THE CODE OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, PERTAINING TO DISPOSITION
OF UNREDEEMED ANIMALS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
lf~
That Section 5-71 of the Code of the City of Virginia
Beach, Virginia, pertaining to disposition of unredeemed animals
is hereby amended and reordained as follows:
Section 5-71. Same - Disposition of unredeemed animal.
If a dog or cat impounded under this article is not
claimed by its owner within five (5) days, it shall be disposed
of in accord with the provisions of section 29-213.19 of the Code
of Virginia. In the event a resident of the city proposes to
adopt such aft~ma~ dog or cat, pursuant to such section, he shall
pay a fee not to exceed fifty dollars ($50.00) to be determined
administratively by the city manager e€-s~*-6e~~a~S-aft6-€~€ey
eeftes-t~6T5et to cover the cost of transfer, seizure and
.....
veterinary care e€ for the dog or cat. The person desiring to
adopt the dog or cat shall sign an adoption contract agreeing to
abide by the rules and regulations of the bureau of animal
control and shall have the dog or cat spayed or neutered within a
time period administratively set by the bureau of animal control
which time period shall not be less than thirty (30) days. Upon
producing proof that the dog or cat has been spayed or neutered,
the person may be entitled to a refund of all or part of the
above-mentioned fee, the amount of said refund, if any, to be
determined by the city manager or his duly autl
.~'
shall, in the case of a dog, obtain a proper Ii
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Failure to have the dog or cat spayed or neutel
this section shall constitute a Class 4 misdeme
dog, pursuant to article III of this chapter~ w
days of such transfer.
Adopted by the Council of the City of ,
Virginia, this 6
day of
February
, J
KJC/da
10/6/83, 11/7/83, 1/16/84, 1/25/84, 1/31/84
(MISC.I)
III
- 20 -
Item 11-1
CONSENT AGENDA
ITEM II 21333
Upon motion by Councilwoman Oberndorf, seconded by Councilman McCoy, City
Council APPROVED, in ONE MOTION, Items 1, 2, 3, 4, 6, 7, 8, 9, 10, 11,
12, 13, 14, 16, 17 and 18 of the CONSENT AGENDA. Items 5 and 15 were
voted upon separately.
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. McC1anan, J. Henry McCoy, Jr.,
D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Hembers Absent:
Robert A. Jones
February 06, 1984
- 21 -
Item II-I.l. a-d
CONSENT AGENDA
ITEM II 21334
Upon motion by Councilwoman Oberndorf, seconded by Councilman McCoy, City
Council ADOPTED RESOLUTIONS OF APPRECIATION as follows:
1'" tit
EDWARD BATTEN
Planning Commission
R. DEAN LEE
Planning Commission
J. HARRY MOTE
Planning Commission
AND,
DEFERRED the following RESOLUTION OF APPRECIATION (Mr. Johnson was ill,
thus he was unable to attend.):
LEON R. JOHNSON
Mosquito Control Commission
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. McC1anan, J. Henry McCoy, Jr.,
D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Robert A. Jones
February 06, 1984
II
-21a-
RESOLUTION OF APPRECIATION
TO
EDWARD BATTEN
WHEREAS: Edward Batten has served as a member of
the Planning Commission for three years, he has served will-
ingly and untiringly in behalf of the City of Virginia Beach;
WHEREAS: Throughout these years, his dedication and
unselfish service have involved personal sacrifices and incon-
veniences, not only to him but frequently to his family. We
trust much satisfaction was realized in successfully admin-
istering in this advisory capacity--not only to City Council
but also to the citizens of this fast-growing metropolis.
Advisors and Volunteers have saved the City untold dollars,
but, more importantly, our successful growth depends upon
them. His footprints in the sands of time will long reflect
the tremendous strides of his service.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia
Beach City Council here assembled pauses in its deliberations
to express pride in and deepest gratitude for these years of
service to
EDWARD BATTEN
BE IT FURTHER RESOLVED: That this Resolution be
framed for presentation with a copy spread upon the Minutes of
this Formal Session of Virginia Beach City Council this Sixth
day of February, Nineteen Hundred Eighty-Four.
Given under my hand and seal,
Mayor
February 06, 1984
I I
-21b-
RESOLUTION OF APPRECIATION
TO
R. DEAN LEE
WHEREAS: R. Dean Lee was first appointed a member
of the Planning Commission on January 3, 1972, and served
several terms as Chairman, he has served willingly and untir-
ingly for eleven years in behalf of the City of Virginia
Beach;
WHEREAS: Throughout these years, his dedication and
unselfish service have involved personal sacrifices and incon-
veniences, not only to him but frequently to his family. We
trust much satisfaction was realized in successfully admin-
istering in this advisory capacity--not only to City Council
but also to the citizens of this fast-growing metropolis.
Advisors and Volunteers have saved the City untold dollars,
but, more importantly, our successful growth depends upon
them. His footprints in the sands of time will long reflect
the tremendous strides of his service.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia
Beach City Council here assembled pauses in its deliberations
to express pride in and deepest gratitude for these years of
service to
R. DEAN LEE
BE IT FURTHER RESOLVED: That this Resolution be
framed for presentation with a copy spread upon the Minutes of
this Formal Session of Virginia Beach City Council this Sixth
day of February, Nineteen Hundred Eighty-Four.
Given under my hand and seal,
Mayor
February 06, 1984
-21c-
RESOLUTION OF APPRECIATION
TO
J. HARRY MOTE
WHEREAS: J. Harry Mote was first appointed a member
of the Planning Commission more than twenty years ago, and
served several terms as Chairman, he has served willingly and
untiringly in behalf of the City of Virginia Beach;
WHEREAS: Throughout these years, his dedication and
unselfish service have involved personal sacrifices and incon-
veniences, not only to him but frequently to his family. We
trust much satisfaction was realized in successfully admin-
istering in this advisory capacity--not only to City Council
but also to the citizens of this fast-growing metropolis.
Advisors and Volunteers have saved the City untold dollars,
but, more importantly, our successful growth depends upon
them. His footprints in the sands of time will long reflect
the tremendous strides of his service.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia
Beach City Council here assembled pauses in its deliberations
to express pride in and deepest gratitude for these years of
service to
Mayor
J. HARRY MOTE
BE IT FURTHER RESOLVED: That this Resolution be
framed for presentation with a copy spread upon the Minutes of
this Formal Session of Virginia Beach City Council this Sixth
day of February, Nineteen Hundred Eighty-Four.
Given under my hand and seal,
February 06, 1984
II II
-21d-
~""
RESOLUTION OF APPRECIATION
TO
LEON R. JOHNSON
WHEREAS: Leon R. Johnson was first appointed a
member of the Mosquito Control Commission on March 8, 1971, he
has served willingly and untiringly in behalf of the City of
Virginia Beach;
111'II"
WHEREAS: Throughout these years, his dedication and
unselfish service have involved personal sacrifices and incon-
veniences, not only to him but frequently to his family. We
trust much satisfaction was realized in successfully admin-
istering in this advisory capacity--not only to City Council
but also to the citizens of this fast-growing metropolis.
Advisors and Volunteers have saved the City untold dollars,
but, more importantly, our successful growth depends upon
them. His footprints in the sands of time will long reflect
the tremendous strides of his service.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia
Beach City Council here assembled pauses in its deliberations
to express pride in and deepest gratitude for these years of
service to
LEON R. JOHNSON
BE IT FURTHER RESOLVED: That this Resolution be
framed for presentation with a copy spread upon the Minutes of
this Formal Session of Virginia Beach City Council this Sixth
day of February, Nineteen Hundred Eighty-Four.
Given under my hand and seal,
Mayor
M' ,
February 06, 1984
,I I I
- 22 -
Item II-I. 2
CONSENT AGENDA
ITEM II 21335
Upon motion by Councilwoman Oberndorf, seconded by Councilman McCoy, City
Council ADOPTED a RESOLUTION IN RECOGNITION: DORCAS T. HELFANT, President,
Virginia Association of Realtors.
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. McC1anan, J. Henry McCoy, Jr.,
D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Robert A. Jones
February 06, 1984
-22a-
RESOLUTION
WHEREAS: The City Counci I regularly assembles to del iberate upon
the affairs of business, legislation and City pol icy, they are aware of the
many facets of municipal government which must be coordinated for the
comforts and necessities of its citizens -- among which is the recognition
of those whose contributions make this City a better place in which to live,
work and play;
WHEREAS: One of those distinguished citizens is DORCAS T.
HELFANT, who was instal led President of the Virginia Association of Realtors
on January 14, 1984;
WHEREAS: Her diversified interests and professional services are
numerous, President Helfant has found time to serve her community through
the Chamber of Commerce, where she received the "President's Award for
Outstanding Service"; Junior Achievement of Tidewater Inc.; Tidewater
Bui I ders Association; Virginia Beach Mayor's Committee for the Uti I ities
Bond Referendum; Better Business Bureau; Tri City ORT; and, the Virginia
Beach Schoo I 's D i str i but i ve Educat i on Program. She has served I oca II y,
state-wide and nationally to "Make America Beautiful". Her expertise in
real estate has won many titles of distinction and qual ified her for this
position of honor and integrity; and,
WHEREAS: Though born in West Virginia, raised and educated in
Chesapeake (formerly Norfolk County), she has chosen to make Virginia Beach
her home as wel I as become a dedicated businesswoman whose influence sets a
bountiful example for others to follow. Her perfect balance of attitude
toward home, family, business and education is recognized with gratitude.
Few of us are able and willing to give of ourselves in such an unselfish
sacrificing manner.
NOW, THEREFORE, BE IT RESOLVED: That the Vi rg in i a Beach City
Counci I pauses in its del iberation to pay tribute to
D 0 ReA S
To
H ELF ANT
for her contribution of time, energy, and knowledge for the citizens of this
mun i c i pa I i ty and for her persona I as we II as profess i ona I accomp I i shments
which have richly reflected upon the City.
BE I T FURTHER RESOLVED: That th is Reso I ut i on be framed for
presentation and spread upon the minutes of this Formal Session of Virginia
Beach City Council this Sixth day of February, Nineteen Hundred and Eighty-
Four.
Given under my hand and seal,
Mayor
I II
- 23 -
Item II-I. 3
CONSENT AGENDA
ITEM II 21336
Upon motion by Councilwoman Oberndorf, seconded by Councilman McCoy, City
Council ADOPTED a Resolution to authorize the Council Committee to conduct
competitive negotiations with financial advisory firms.
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. McC1anan, J. Henry McCoy, Jr.,
D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
t.
Council Members Absent:
Robert A. Jones
February 06, 1984
-23a-
A RESOLUTION TO AUTHORIZE THE
COUNCIL COMMITTEE TO CONDUCT COMPETITIVE
NEGOTIATIONS WITH FINANCIAL ADVISORY
FIRMS
WHEREAS, a Committee appointed by Council has received
proposals from twelve financial advisory firms, and
WHEREAS, the Committee has ranked the written proposals
in accordance with the evaluation process outlined in the
Requests for Proposal, and
WHEREAS, through the evaluation process five firms were
selected to give oral presentations to the Committee, and
WHEREAS, oral presentations were conducted on January
17, 1984 and, as a result, two firms were selected.
NOW, THEREFORE, BE IT RESOLVED that the Committee is
hereby authorized to negotiate with each of the two firms in
accordance with the procedure for competitive negotiations
as prescribed in Section 11-37(3)(b) of the Code of Virginia
and to subsequently recommend to the Council the firm most
qualified and best suited to perform financial advisory
services for the City of Virginia Beach.
Adopted by the Council of the City of Virginia Beach,
Virginia on the
6th
day of
February
, 1984
February 06, 1984
I II
- 24 -
Item 11-1.4
CONSENT AGENDA
ITEH II 21337
Upon motion by Councilwoman Oberndorf, seconded by Councilman McCoy, City
Council ADOPTED a Resolution approving the enlargement and/or extension
of the nonconforming use and structure owned by CELIA ELLIOTT and located
at 5936 Drum Lane.
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. McC1anan, J. Henry McCoy, Jr.,
D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Robert A. Jones
February 06, 1984
I II
-24a-
REQUESTED BY: DEPARTMENT OF PERMITS AND INSPECTIONS
RESOLUTION APPROVING THE ENLARGEMENT
AND/OR EXTENSION OF THE NONCONFORMING
USE AND STRUCTURE OWNED BY CELIA
ELLIOTT AND LOCATED AT 5936 DRUM LANE
WHEREAS, Celia Elliott desir~s to construct an addition
of approximately 438 square feet to her single-family residence
located at 5936 Drum Lane, Virginia Beach, Virginia, as shown on
the "1.0 ACRE" site on the attached survey; and
WHEREAS, the present use and existing structure do not
conform to the provisions of the Comprehensive Zoning Ordinance
because single-family residences are not allowed in the 1-1,
Light Industrial District~ and
WHEREAS, pursuant to S105(d) of the Comprehensive
Zoning Ordinance, City Council may authorize the enlargement or
extension of a nonconforming ilse and the enlargement of a
nonconforming structure if Council finds that the use as enlarged
or extended and the structure as enlarged are equally appropriate
or more appropriate to the zoning district than are the existing
nonconformities.
NOW, THEREFORE, f38 rr RESOLVED BY THE COUNCIL OF 'rH E
CITY OF VIRGINIA BEACH, VIRGINIA:
That City Council hereby finds that the enlargement or
extension of the nonconforming use and the enlargement of the
nonconforming single-family residence, owned by Celia Elliott and
located at 5936 Drum Lane, Virginia Beach, Virginia, as shown on
the attached survey, which is herein incorporated by reference,
are equally appropriate or more appropriate to the zoning
district in which they are located than are the existing
nonconformities; and the City Council hereby authorizes the
enlargement or extension of the nonconforming use and the
enlargement of the nonconforming structure in the manner shown on
the attached survey.
Adopted by the Council of the City of Virginia Beach,
Virginia, on
February 06, 1984
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-24b-
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REMAINDER OF
BLOCK 12
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JOHN T. ELLIOTT EST.
D8 121 P 328
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BLOCK 18 BLOCK 19
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OF
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BEING A 1.0 AC. PARCEL
WITHI" THE EASTERN PORTION OF 8LOCK I~
08. 121 P 328
JAMES CORNICK FARM
MB 55 P 15
BA YSIOE BOROUGH
VIRGINIA BEACH, VA.
SCALE I H : 100' 18 JULY
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VflGINIA BEACH. VlRGlNI.~ 234:>4
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- 25 -
Item II-I. 5
CONSENT AGENDA
ITEM II 21338
Upon motion by Vice Mayor Henley, seconded by Councilman Baum, City Council
ADOPTED an Ordinance to add Section 2-61 to Article II of the CODE of the
City of Virginia Beach, Virginia, pertaining to providing General District
Court copies of all ordinances passed by City Council.
Voting: 9-2
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, Hayor Louis R. Jones, W. H. Kitchin, III,
Reba S. McC1anan, J. Henry McCoy, Jr., D.D.S. and
Meyera E. Oberndorf
Council Members Voting Nay:
H. Jack Jennings, Jr., Robert G. Jones
Council Members Absent:
None
~-'
February 06, 1984
I II
-25a-
REQUESTED BY:
and
VIRGINIA BEACH GENERAL DISTRICT COURT
JUVENILE AND DOMESTRIC RELATIONS DISTRICT COURT
w.;
AN ORDINANCE TO ADD SECTION 2-61 TO
ARTICLE II OF THE CODE OF THE CITY
OF VIRGINIA BEACH, VIRGINIA,
PERTAINING TO PROVIDING GENERAL
DISTRICT COURT COPIES OF ORDINANCES
PASSED BY CITY COUNCIL
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 2-61 of the Code of the City of Virginia
Beach, Virginia, is hereby added and is to read as follows:
Section 2-61. Providing General District Court copies of
ordinances.
The clerk of council shall, as soon as practicable
after the close of each session, provide to the Clerks of the
City of Virginia Beach General District Court and Juvenile and
Domestic Relations District Court certified copies of all
ordinances passed at such session. The number of copies provided
to the City of Virginia Beach General District Court and Juvenile
and Domestic Relations District Court shall be equal to the
number of judges presently presiding in that Court, plus one.
Adopted by the Council of the City of Virgina Beach,
Virginia, on the
6
day of
February
, 1984.
CLL/re
1/13/84
1/16/84
1/20/84
( 0 RD . G )
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February 06, 1984
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- 26 -
Item II- 1. 6
CONSENT AGENDA
ITEM II 21339
Upon motion by Councilwoman Oberndorf, seconded by Councilman McCoy, City
Council APPROVED, on FIRST READING, an Ordinance to appropriate funds
of $9,525 and transfer funds of $43,000 for communications equipment for
the Police Department.
A Public Hearing was held this date on this matter.
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. McC1anan, J. Henry McCoy, Jr.,
D.D.S., and Heyera E. Oberndorf
Council Members Voting Nay:
None
l"~ ,
Council Members Absent:
Robert A. Jones
February 06, 1984
-26a-
AN ORDINANCE TO APPROPRIATE
FUNDS OF $9,525 AND TRANSFER
FUNDS OF $43,000 FOR COMMUNICATIONS
EQUIPMENT FOR THE POLICE DEPARTMENT
WHEREAS, in the FY 83-84 budget the Police Department
received approval to modify existing radio equipment for a
new detective frequency, and
WHEREAS, Motorola has proposed to replace the old radio
equipment with new 9-channel radios and allow a trade-in of
$381.00 for each of the old radios totaling $9,525, and
WHEREAS, the Police Department desires to obtain this
new system at a total cost of $52,525 with funding from the
proposed sale of salvage and a transfer of $43,000 within
its budget of funds originally designated for the modifications,
and
WHEREAS, new equipment will provide much better communicatio s
for the proposed detective mobile system and will allow for
future expansion of frequencies,
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH that funds of $43,000 are hereby
transferred within the Police Department budget from maintenance
and repair accounts to capital outlay, and that additional
funds of $9,525 are hereby appropriated to the Police Department,
for the purchase of communications equipment for the detective
mobile system.
BE IT FURTHER ORDAINED that the additional appropriation
be financed by an increase of $9,525 in estimated revenue
from the use of money and property.
Adopted by the Council of the City of Virginia Beach,
Virginia on the
day of
, 19
Public Hearing: February 6, 1984
First Reading:
February 6, 1984
Second Reading:
i
I I
February 06, 1984
I II
-27-
Item 11-1.7
CONSENT AGENDA
ITEM II 21340
Upon motion by Councilwoman Oberndorf, seconded by Councilman McCoy, City
Council APPROVED, on FIRST READING, an Ordinance to appropriate funds of
$65,000 to the Public Utilities Department for additional capital outlay.
A Public Hearing was held this date on this matter.
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. McC1anan, J. Henry McCoy, Jr.,
D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Robert A. Jones
February 06, 1984
-27a-
AN ORDINANCE TO APPROPRIATE
FUNDS OF $65,000 TO THE
DEPARTMENT OF PUBLIC UTILITIES
FOR ADDITIONAL CAPITAL OUTLAY
WHEREAS, a significant increase in building activity
over the summer and fall has resulted in additional operating
costs for the Department of Public Utilities, and
WHEREAS, the Department is requesting an appropriation
of $65,000 for additional water meters and water meter boxes
as a result of this increased building activity, and
WHEREAS, the additional appropriation will be offset by
increased revenue generated by the sale of water taps.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH that funds of $65,000 are hereby
appropriated to the Department of Public Utilities for
additional water meters and water meter boxes.
BE IT FURTHER ORDAINED that estimated revenue from the
sale of water taps be increased by $65,000 to offset the
appropriation.
Adopted by the Council of the City of Virginia Beach,
Virginia on the
day of
, 19
Public Hearing:
February 6, 1984
First Reading:
February 6, 1984
Second Reading:
February 06. 1984
- 28 -
Item II-lo8
CONSENT AGENDA
ITEM Ii 21341
Upon motion by Councilwoman Oberndorf, seconded by Councilman McCoy, City
Council APPROVED, on FIRST READING, an Ordinance amending an Ordinance
entitled "An Ordinance authorizing the issuance of Public Improvement
Bonds of the City of Virginia Beach, Virginia, in the maximum amount of
$19,570,000".
Without changing the TOTAL AMOUNT of authorized Bonds, this Ordinance will
decrease the amount of Bond proceeds for engineering and highway projects
from $7,526,363 to $7,070,363; increase the amount for parks and recreation
projects from $1,112,940 to $1,568,940; and include a bikeway in the list
of specific parks and recreation projects.
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. McC1anan, J. Henry HcCoy, Jr.,
D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
tIIM'"f
Council Members Absent:
Robert A. Jones
February 06, 1984
-28a-
AN ORDINANCE Ai'1ENDING AN ORDINANCE ENTITLED "AN ORDINANCE
AUTHORIZING THE ISSUANCE OF PUBLIC U1PROVEMENT BONDS OF
THE CITY OF VIRGINIA BEACH, VIRGINIA, IN THE MAXIMUM AHOUNT
OF $19,570,000"
vffiEREAS, the Council of the City of Virginia Beach, Vir-
ginia, adopted an ordinance entitled "An Ordinance Authorizing
",.,".;.,
the Issuance of Public Improvement Bonds of the City of Virginia
Beach, Virginia, in the Maximum Amount of $19,570,000" on
December 12, 1983, to provide funds, together with other funds
that may be available, for school projects, engineering and high-
way projects, dredging the Eastern Branch of the Lynnhavcn River.
building projects and parks and recreation projects; and
WHEREAS, the Council desires to change the allocation of
bond proceeds within two of the five purposes without changing
the total amount of authorized bonds;
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
1. Paragraph 2 of the foregoing ordinance adopted on
""'" December 12, 1983, is hereby amended to decrease the amount of
bond proceeds for engineering and highway projects from $7,526,363
to $7,070,363, to increase the amount for parks and recreation
projects from $1,112,940 to $1,568,940 and to include a bikeway
in the list of specific parks and recreation projects.
2. Except as amended hereby, the ordinance adopted on
December 12, 1983, is hereby ratified and confirmed.
3. This ordinance shall take effect immediately.
Approved this _ day of February, 198Lc
Mayor
'""
FIRST READING:
February 6, 1984
SECOND READING:
February 06, 1984
-28b-
r'.~~.' ~ .
J ~ c1l.t ._..__
AN ORDINANCE AUTHORIZING THE ISSUANCE
OF PUBLIC IMPROVEMENT BONDS OF THE CITY
OF VIRGINIA BEACH, VIRGINIA, IN THE
MAXIMUM AMOUNT OF $19,570,000
WHEREAS, the City has retired or will retire indebtedness
Ifl;<W'
in an amount of not less than $9,570,000 during 1983, so that
the City 'tvill be authorized to issue ~oncls in an amount of at
least $19,570,000 d~ring 1983 without submitting the question
of their issuance to the qualified voters;
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
1. It is hereby determined to be necessary and expedient
for the City of Virginia Beach to construct and improve various
public facilities and improvements, all of which will promote the
development and public welfare of the City, and to borrow money
for such purposes and issue the City's general obligation bonds
therefor.
2. Pursuant to the authority of the Charter of the City of
,",," Virginia Beach (Ch. 147, Acts of Assembly of 1962, as amended)
and the Public Finance Act, as amended, there are hereby authorizeJ
to be issued public improvement bonds of the City of Virginia
Beach in the maximum amount of NINETEEN MILLION FIVE HUNDRED AND
SEVENTY THOUSAND DOLLARS ($19,570,000) to provide funds, together
with other funds that may be available, for the following purposes:
School projects, including planning, site
acquisition and improvement, construction,
enlargement, renovation, repair and equip-
ping of schools and related facilities
$ 3,308,497
Engineering and highway projects, including
right-of-way acquisition, construction,
improvement and extension of streets,
bridges and highways, and studies, design
and construction of drainage systems and
related facilities
7,526,363
287,000
A,,",' \
Dredging Eastern Branch Lynnhaven River
Building projects, including planning, site
acquisition and improvement, construction,
alteration, addition, enlargement, renova-
tion and equipping of various municipal
buildings and facilities, including third
February 06, 1984
I II
-28c-
-1-
police precinct, radio tower, animal control
building, central library, Virginia Museum
of Marine Sciences, human resources building,
juvenile court building and district court,
landfill expansion and energy conservation
7,335,200
'1fIN'
Parks and recreation projects, including
planning, site acquisition, renovation and
development of new parks and community and
recreation centers, golf course and racquet-
ball courts
TOTAL
1,112,940
$19,570,000
Any amount not needed for any of such purposes may be used for
any other of such purposes.
3. The bonds shall bear such date or dates, mature at such
time or times not exceeding forty years from their dates, bear
interest at such rate or rates not exceeding the maximum rate
permitted by law at the time the bonds are sold, be in such
denominations and form, be executed in such manner and be sold
at such time or times and in such manner, including the sale of
the same as one or more separate issues or in combination with
~.",
the sale of general obligation bonds heretofore or hereafter
authorized for similar or other purposes, as the Council shall
hereafter provide by appropriate resolution or resolutions.
4. The bonds shall be general obligations of the City of
Virginia Beach for the payment of principal of and interest on
which its full faith and credit shall be irrevocably pledged.
5. This ordinance shall take effect immediately.
xlv
Approved this ~ day of December, 1983
Mayor
JIIIfI'- ~
FIRST READING:cJC)~JQ_J~\{~K3
SECOND READING: o{)..LU'~ ~ IZ, ~ q 13
February 06, 1984
I II
- 29 -
Item 11-1.9
CONSENT AGENDA
ITEM II 21342
Upon motion by Councilwoman Oberndorf, seconded by Councilman McCoy, City
Council ADOPTED an Ordinance authorizing a temporary encroachment into a
portion of the right-of-way of Wilton Lane to ANN DAVIS, her heirs, assigns
and successors in title.
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. HcC1anan, J. Henry McCoy, Jr.,
D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
~,n.
Robert A. Jones
February 06, 1984
-29a-
Requested By Department of Public Works
AN ORDINANCE TO AUTHORIZE A TEMPORARY
ENCROACHMENT INTO A PORTION OF THE
RIGHT-OF-WAY WILTON LANE TO ANN DAVIS,
HER HEIRS, ASSIGNS AND SUCCESORS 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, Ann Davis, her heirs, assigns and successors in title is
authorized to construct and maintain a temporary encroachment
into the right-of-way of Wilton Lane.
That the temporary encroachment herein authorized is
for the purpose of constructing and maintaining a bulkhead and
that said encroachment shall be constructed and maintained 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 Wilton
Lane, on the certain plat entitled:
"PROPOSED BULKHEAD; PIER; DREDGING; AND
RIPRAP IN RAINEYS' GUT AT WILTON LANE," a
copy of which is on file in the
Department of Public Work 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 Ann Davis, her heirs, assigns and successors in
title and that within thirty 30 days after such notice is given,
If" \
said encroachment shall be removed from the City right-of-way of
Wilton Lane and that Ann Davis, her heirs, assigns and successors
in title shall bear all costs and expenses of such removal.
AND, PROVIDED FURTHER, that it is expressly understood
and agreed that Ann Davis, her heirs, assigns and successors in
title shall indemnify and hold harmless the City of Virginia
February 06, 1984
I I
I
-29b-
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.
P"""I
AND, PROVIDED FURTHER, that this ordinance shall not be
in effect until such time that Ann Davis executes an agreement
with the City of Virginia Beach encompassing the afore-mentioned
provisions.
Adopted by the Council of the City of Virginia Beach,
, 19 84 .
Virginia, on the
6
day of
February
MES/re
12/2/83
(29C)
,t...
APPROVED AS TO CONTENT
SIGNATURE
.
DEPARTMENT
G ::J~~~W1lr
CITY :,...r')'~
-2-
February 06, 1984
I II
- 30 -
Item II-I.10
CONSENT AGENDA
ITEM II 21343
Upon motion by Councilwoman Oberndorf, seconded by Councilman McCoy, City
Council ADOPTED an Ordinance authorizing a temporary encroachment into a
portion of the right-of-way of Ocean Avenue to JOHN W. VAKOS, his heirs,
assigns and successors in title.
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. McC1anan, J. Henry McCoy, Jr.,
D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
ww.
Council Members Absent:
Robert A. Jones
February 06, 1984
I II
-30a-
Requested By: Department of Public Works
AN ORDINANCE TO AUTHORIZE A TEMPORARY
ENCROACHMENT INTO A PORTION OF THE
RIGHT-OF-WAY OF OCEAN AVENUE TO JOHN W.
VAKOS, HIS HEIRS, ASSIGNS AND
SUCCESORS 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, John W. Vakos, his heirs, assigns and successors in
title is authorized to construct and maintain a temporary
encroachment into the right-of-way of Ocean Avenue.
That the temporary encroachment herein authorized is
for the purpose of constructing and maintaining balconies and
that said encroachment shall be constructed and maintained in
accordance with the City of Virginia Beach Public Works
fl'
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 Ocean
Avenue on the certain plat entitled:
"Proposed Motor Hotel 31st & Atlantic
Avenue," a copy of which is on file in
the Department of Public Work 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 John W. Vakos, his heirs, assigns and
successors in title and that within thirty 30 days after such
notice is given, said encroachment shall be removed from the City
February 06, 1984
-30b-
right-of-way of Ocean Avenue and that John W. Vakos, his heirs,
assigns and successors in title shall bear all costs and expenses
of such removal.
AND, PROVIDED FURTHER, that it is expressly understood
and agreed that John W. Vakos, his heirs, 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, that this ordinance shall not be
in effect until such time that John W. Vakos executes an
agreement with the City of Virginia Beach encompassing the
afore-mentioned provisions.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the
6
day of
February
, 1 9 84 .
MES/sm
1/11/84
(29G)
APPROVED AS W) '~i"'^"
Slcr.u..TL:~.t
DEPAP.TML~; r
,. (" T "fSLffi'""\' .
" NJ , ~~.:~;.
...."..1 _ _..
.:J 'A TU;;:f:
February 06, 1984
-2-
- 31 -
Item II - 1. 11
CONSENT AGENDA
ITEM II 21344
Upon motion by Councilwoman Oberndorf, seconded by Councilman McCoy, City
Council ADOPTED an Ordinance appointing Viewers in the petition of
ENDICOTT CORPORATION for the closure of a portion of 89th Street (formerly
126th Street).
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara H. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
W. H. Kitchin, III, Reba S. McC1anan, J. Henry McCoy, Jr.,
D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
.'
Council Members Absent:
Robert A. Jones
February 06, 1984
-31a-
WALLACE B. SMITH
A1TORNEY AT LAW
P.O. BOX 6124
VIRGINIA BEACH. VA 23456
m.EPHONE
486-2480
January 31, 1984
.~..
CERTIFICATE OF VESTING OF TITLE
I, Wallace B. Smith, attorney for Endicott Corp., do
hereby certify that:
1. I am an attorney and represent Endicott Corp., the
petitioner.
2. If the property described below is discontinued, closed
and vacated by the Council of the City of Virginia Beach, Virginia,
then title to said property will vest in Endicott Corp., the holder
of the underlying fee in said property.
The said property referred to herein is hereby described
as follows:
fI"o-
ALL THAT certain lot, piece or parcel of land, with
the buildings and improvements thereon situate and
being in the City of Virginia Beach, Virginia, and
known and designated as the northern 1/2 of 89th
Street (formerly 126th Street) lying between the
western side of Atlantic Avenue and the eastern side
of Holly Avenue (closed) as shown on the plat of
property owned by G.L. Bonney duly recorded in the
Clerk's Office of the Circuit Court of the City of
Virginia Beach, Virginia in Map Book 7 page 139.
6-Jd-~ ~,Q~
Wallace B. Smith, Attorney
February 06, 1984
I. I
-31b-
".."'"~
IN THE MATTER OF CLOSING, VACATING
AND DISCONTINUING A PORTION OF THAT
CERTAIN STREET, KNOWN AS THE NORTHERN
ONE-HALF OF 89TH STREET, AS SHOWN UPON
THAT CERTAIN PLAT ENTITLED, "PROPOSED
STREET CLOSURE, NORTH ONE HALF OF 89TH
STREET, LYING SOUTH OF FT. STORY, EAST
OF LOT A, NORTH OF THE SOUTH ONE HALF
OF 89TH STREET, WEST OF ATLANTIC AVE.
AS SHOWN ON PLAT OF LAKE GEORGE CORPORA-
TION, M.B. 95 P.41, LYNNHAVEN BOROUGH,
VIRGINIA BEACH, VIRGINIA 29 DEC. '83
MADE FOR ENDICOTT CORP. D.B. 2303, P.250",
WHICH PLAT IS ATTACHED HERETO.
PETITION
TO: THE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA
Your Petitioner, Endicott Corp., respectfully represents
as follows:
1. That pursuant to the provisions of ~15.1-364 of the
1950 Code of Virginia, as amended, the Petitioner applies for
the vacating, closing, and discontinuance of a portion of that
W""".-
certain street, which is more specifically described as follows:
EVANS & WOOD
A TORNEYSATLAW
'IF~GINIA BEACH
VIRGINIA
Northern 1/2 of 89th Street (formerly 126th Street)
beginning at a point on the west side of Atlantic
Avenue at the intersection with the present northern
most boundary line of 89th Street (formerly 126th
Street) as shown on that certain plat entitled "Plan
of Lots Situated in Princess Anne Co., Va. surveyed
for G. L. Bonney, Feb. 1926 Scale 40' = 1" recorded
in the Clerk's Office of the Circuit Court of the
City of Virginia Beach, Va., in Map Book 7, page 139,
and also shown on that certain plat recorded in the
Clerk's Office aforesaid in Map Book 95, page 41 and
from said point of beginning, running thence S 760
03' 56" W 505.47' to a point, which point is also
the northern most corner of Lot A as shown on Map
Book 95, page 41; thence turning and running S 050
30' E 50.54' to a point; thence turning and running
N 760 03' 56" E 505.47' to a point in the western
line of Atlantic Avenue; thence turning and running
N 050 30' W 50.54' to the point of beginning.
February 06, 1984
-31c-
Said parcel of land being a portion of 89th Street, as
indicated on that certain parcel entitled, "Proposed Street
Closure North One Half of 89th Street Lying South of Ft. Story
East of Lot A North of the South One Half of 89th Street West
,~..,,"-
of Atlantic Ave. as Shown on Plat of Lake George Corporation
M. B. 95 P. 41 Lynnhaven Borough Virginia Beach, Virginia
29 Dec. '83, Made for Endicott Corp. D. B. 2303, P. 250", which
plat is attached hereto and made a part hereof and intended to
be recorded with the Ordiance closing the aforedescribed street.
2. That no inconvenience will result to any persons by
reason of said closing, vacation, and discontinuance of said
street; and the Petitioner prays that this Honorable Council
appoint viewers as provided by law to view said platted street
proposed to be closed and to report in writing to the Council
on or before the
day of
, 1984, as to
whether in the opinion of said Viewers, what inconvenience, if
~..
any, would result from the discontinuance and closing of this
portion of said street, as herein reported and described.
3. That on the 17th day of January, 1984 and on the 26th
day of January, 1984, notice of the presenting of this applicatio
was published in the Ledgar-Star, a newspaper of general circula-
tion, in the City of Virginia Beach, Virginia.
4. That the fee simple owners of all land along and
adjacent to and affected by said portion of the platted street
are your Petitioner herein and Paul Douglas Plumb, owner of
EVANS & WOOD
^, TORNEYS AT LAW
'HGINIA BEACH
VIRGINIA
February 06, 1984
I"'"
..
~,~-,
"""~
NS & WOOD
)RNEYSAT LAW
lGINIA BEACH
VI RGI N IA
-31d-
Lot A-I, and Richard H. Holt and Susan R. Holt, owners of
Lot A-2.
Michael E. Wood
EVANS & WOOD
1023 Laskin Road, Suite 103
Virginia Beach, Virginia 23451
Respectfully submitted,
ENDICOTT CORP.
By 1tLJ zJl;~
Of Counsel
February 06, 1984
-31e-
ORDINANCE APPOINTING VIEWERS
WHEREAS, Endicott Corp. has given due and proper notice, in
accordance with the statutes for such cases made and provided
~ .t:J,
that it will on the 'Sf"' day of February, 1984, apply to the
City Council of the City of Virginia Beach, Virginia, for
the appointment of Viewers to view the below-described property
and report in writing to the Council whether, in the opinion
of said Viewers, any, and if any, what inconvenience would
result from the discontinuance of the hereinafter described
portion of that certain street known as the northern one-half
of 89th Street, and has filed such application with said Council.
NOW, THEREFORE, be it ORDAINED by the Council of the City
of Virginia Beach, Virginia:
THAT C. Oral Lambert, Jr., Robert J. Scott,
and
David Grochma1
are hereby
appointed to view the below described property and report In
writing to the Council, as soon as possible, whether in their
opinion, any, and if any, what inconvenience would result in
the discontinuing and vacating of a portion of that certain
street known as the northern one-half of 89th Street located
in the City of Virginia Beach, and more particularly described
as follows:
February 06, 1984
I
II
I I I
- 3lf-
Northern 1/2 of 89th Street (formerly l26th Street)
beginning at a point on the west side of Atlantic
Avenue at the intersection with the present northern
most boundary line of 89th Street (formerly l26th
Street) as shown on that certain plat entitled, "Plan
of Lots Situated in Princess Anne Co., Va. surveyed
for G. L. Bonney, Feb. 1926 Scale 40' = 1" recorded
in the Clerk's Office of the Circuit Court of the
City of Virginia Beach, Va., in Map Book 7, page 139,
and also shown on that certain plat recorded in the
Clerk's Office aforesaid in Map Book 95, page 41 and
from said point of beginning, running thence S 760
03' 56" W 505.47' to a point, which point is also
the notheastern most corner of Lot A as shown on
Map Book 95, page 41; thence turning and running S 050
30' E 50.54" to a point; thence turning and running
N 760 03' 56" E 505.47' to a point in the western line
of Atlantic Avenue; thence turning and running N 050
30' W 50.54' to the point of beginning.
All the above as shown upon that certain plat entitled,
"Proposed Street Closure North One Half of 89th Street Lying
South of Ft. Story East of Lot A North of the South One Half
of 89th Street West of Atlantic Ave. as Shown on Plat of Lake
George Corporation M.B. 95 P. 41 Lynnhaven Borough Virginia
Beach, Virginia 29 Dec. '83 Made for Endicott Corp. D.B. 2303
P. 250.", which plat is attached hereto and made a part hereof
and intended to be recorded with the Ordiance closing the
aforedescribed street.
ADOPTED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH~ VIRGINIA ON
FEBRUARY 6, 1984.
February 06, 1984
I I
- 32 -
Item II - 1. 12
CONSENT AGENDA
ITEM II 21345
Upon motion by Councilwoman Oberndorf, seconded by Councilman McCoy, City
Council APPROVED the low bid of SUBURBAN GRADING AND UTILITIES, INC. in
the amount of $964,000 for Landfill No. 2 Expansion Project; AND,
authorized the City Manager to enter into the necessary agreements for
the implementation of this project.
Voting: 10-0
Council Members Voting Aye:
Mfl'I"
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. McC1anan, J. Henry McCoy, Jr.,
D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
"j!>'<~
Council Members Absent:
Robert A. Jones
February 06, 1984
- 33 -
Item II-I.13
CONSENT AGENDA
ITEM # 21346
Upon motion by Councilwoman Oberndorf, seconded by Councilman McCoy, City
Council ADOPTED an Ordinance authorizing acquisition of property, in fee
simple, for right-of-way for Cleveland Street and Dorset Avenue, and the
acquisition of temporary and permanent easements of right-of-way, either
by agreement or by condemnation.
Voting:
10-0
Council Members Voting Aye:
"Wit
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Hayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
W. H. Kitchin, III, Reba S. McC1anan, J. Henry McCoy, Jr.,
D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
ft""",.
Council Members Absent:
Robert A. Jones
February 06, 1984
-33a-
I II
AN ORDINANCE TO AUTHORIZE ACQUISITION OF PROPERTY
IN FEE SIMPLE FOR RIGHT OF WAY FOR CLEVELAND STREET AND
DORSET AVENUE AND THE ACQUISITION OF TEMPORARY AND
PERMANENT EASEMENTS OF RIGHT OF WAY, EITHER BY AGREEMENT
OR BY CONDEMNATION.
,w,..,
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, Right-of-Way Improvements for Cleveland Street and
Dorset Avenue C.I.P. #2-963 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,
Virginia, on the 6
day of February
, 19~.
~ ""0 ~, "...~, "f
APPROVED A:) !... '_Vii;;':'"
.--....-
JAR/re
SIGNATUi;2
1_. ~
DEPN~I,:,1 !.",.
1 / 6 /8 4
( 9 )
I\~ f'~711'?"~4
G~rr
I II
- 34 -
Item 11-1.14
CONSENT AGENDA
ITEM II 21347
Upon motion by Councilwoman Oberndorf, seconded by Councilman McCoy, City
Council voted to RATIFY and CONFIRM the administrative action taken
rexchedu1ing a Public Hearing for February 13, 1984, regarding a CHARTER
change for refunding of Bonds.
The Public Hearing was originally scheduled for February 6, 1984; however,
there were problems with advertising deadlines, thus the necessity for
rescheduling to February 13, 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. McC1anan, J. Henry McCoy, Jr.,
D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Robert A. Jones
February 06, 1984
- 35 -
Item II-I.15
0('\l\1CPl\1l"'f' A f""oDl\1T\ A
T ry1U~A' H f)' ') J. 0
I II
- 34b-
beginning of such calendar year. For the purposes of this
paragraph the terms "bonds," "other obligations" and
"indebtedness" shall not include contractual obligations of the
f'!,,-
city other than bonds and notes. For purposes of determining the
amount of bonds or other obligations ee.,~e~ftt-ehe-aftft~a~
i~*...*eft-.ee-tereh-~ft-eh~.-,ara~~a,h-eft-ehe-a.e~fte~~-eefte8-e~
eehe~-e8i*9a.*eft. that may be issued in any calendar year without
a ~ere~efte~ an election, there shall not be included (i) bonds
or other obligations that were approved at an election and (ii)
refunding bonds, in each case issued in such year. Authorized
and .ft'...ed bonds or other obligations which could have been
i.sued without << ~efe~eftd~. ~ election on December thirty-one in
the year they were authorized may be issued in any subsequent
year without affecting the annual limitation for such subsequent
year.
,,.,
The total indebtedness of the city as determined in
accordance with the provisions of Article VII, Section 10 of the
Constitution shall not at any time exceed ten per centum of the
.'"'
-2-
February 06, 1984
I II
- 36 -
Item II - 1. 16
CONSENT AGENDA
ITEM II 21349
Upon motion by Councilwoman Oberndorf, seconded by Councilman McCoy,
City Council ADOPTED an Ordinance ratifying the contract executed by the
City Manager for water storage space in JOHN H. KERR RESERVOIR.
Voting: 10-0
Council Hembers Voting Aye:
"......"
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Hayor Louis R. Jones,
W. H. Kitchin, III, Reba S. McC1anan, J. Henry McCoy, Jr.,
D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
.,..,.,
Council Members Absent:
Robert A. Jones
February 06, 1984
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AN ORDINANCE RATIFYING THE CONTRACT
EXECUTED BY THE CITY MANAGER FOR WATER
STORAGE SPACE IN JOHN H. KERR RESERVOIR
WHEREAS, on December 19, 1983, the City Council of the
City of Virginia Beach adopted an ordinance authorizing the City
Manager to execute a "CONTRACT BETWEEN THE UNITED STATES OF
AMERICA AND THE CITY OF VIRGINIA BEACH, VIRGINIA FOR WATER
STORAGE SPACE IN JOHN H. KERR RESERVOIR," in substantially the
form and content of the copy attached thereto and made a part
thereof, but with those changes he deemed necessary to protect
and promote the interest of the City of Virginia Beach; and
WHEREAS, the City Manager has executed such a contract;
and the City Council desires to ratify the action of the City
Manager in executing the contract,
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
That the City Council hereby ratifies and authorizes
the City Manager's action in executing that certain contract,
dated the 13th day of January, 1984, and entitled "CONTRACT
BETWEEN THE UNITED STATES OF AMERICA AND THE CITY OF VIRGINIA
BEACH, VIRGINIA FOR WATER STORAGE SPACE IN JOHN H. KERR
RESERVOIR," a copy of which is attached hereto and made a part
hereof.
Adopted by the Council of the City of Virginia Beach,
Virginia, on February 6,
, 1984.
CMS/cj
1/19/84
( F)
February 06, 1984
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f""'",
CONTRACT BETWEEN THE UNITED STATES OF AMERICA
AND
THE CITY OF VIRGINIA BEACH, VIRGINIA
FOR
WATER STORAGE SPACE IN JOHN H. KERR RESERVOIR
THIS CONTRACT, entered into this 13th day of January, 1984, by and
between THE UNITED STATES OF AMERICA (hereinafter called the "Government")
represented by the Contracting Officer executing this contract, and THE CITY
OF VIRGINIA BEACH (hereinafter called the "City");
WITNESSETH THAT:
,II'.
WHEREAS, the Flood Control Act of 1944 (Public Law 534, 78th Congress),
authorized the construction, operation, and maintenance of the John H. Kerr
Dam and Reservoir on Roanoke River, Virginia and North Carolina, (herein-
after called the "Project");
WHEREAS, the City desires to contract with the Government for the use
of storage included in the Project under the discretionary authority of the
Chief of Engineers for municipal and industrial water supply, and for
payment of the cost thereof 1n accordance with the provisions of the Water
Supply Act of 1958, as amended (43 U.S.C. 390b-f); and
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WHEREAS, the City is empowered to contract with the Government and is
vested with all necessary powers of accomplishment of the purposes of this
.- contract, including those required by Section 221 of the Flood Control Act
of 1970 (42 U.S.C. 1962d-5d) (as amended);
NOW, THEREFORE, the Government and the City agree as follows:
ARTICLE 1 - Water Storage Space.
(a) Project Construction. The Government, subject to the directions of
Federal law and any limitations imposed thereby, has designed and
constructed the Project 50 as to include therein" space for the storage of
water by the City.
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(b) Rights of City.
(I) The City shall have the right to utilize an undivided 1.066
percent (estimated to contain 10,200 acre-feet after adjustment for sediment
deposits) of the usable storage space in the Project between elevations
268 feet above mean sea level and 300 feet above mean sea level, which
usable conservation storage space is estimated to contain 956,900 acre-feet
after adjustment for sediment deposits.
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(2) The City shall have the right to order releases to be made by the
Government through the outlet works in the Dam, subject to the provisions of
Article l(c) and to the extent the aforesaid storage space will provide.
...
(c) Rights Reserved. The Government reserves the right to maintain at
all times downstream releases through the turbines, gates, or spillway of
the dam to meet established water requirements. The Government further
reserves the right to take such measures as may be necessary in the
operation of the Project to preserve life and/or property, including the
right not to make downstream releases during such periods of time as are
deemed necessary, in its sole discret~on, to inspect, maintain, or repair
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the Project.
(d) Quality or Availability of Water. The City recognizes that this
contract provides storage space for raw water only. The Government makes no
representations with respect to the quality or availability of water and
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assumes no responsibility therefor, or for the treatment of the water.
(e) Sedimentation Surveys.
(1) Sedimentation surveys will be made by the Contracting Officer
during the term of this contract at intervals not to exceed fifteen (15)
years unless otherwise agreed to in writing by both parties. When, in the
opinion of the Contracting Officer, the findings of such survey indicate any
project purpose will be affected by unanticipated sedimentation distribu-
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tion, there shall be an equitable redistribution of the sediment reserve
storage space among the purposes served by the Project including municipal
and industrial water supply. The total available remainin~ storage space in
,.- the Project will then be divided among the various Project f('atures in the
same ratio as was initially utilized. Adjusted pool elevations will be
rounded to the nearest one-half foot. Such findings and the storage space
allocated to municipal and industrial water supply shall he defined and
described as an exhibit which will be made a part of this contract and the
reservoir regulation manual will be modified accordin~ly.
(2) The Government assumes no responsibility for deviations from
estimated rates of sedimentation) or the distribution thereof. Such
deviations may cause unequal distribution of sediment r('serve storage
greater than estimated) and/or encroachment on the total stora~e at the
Project.
..."
ARTICLE 2 - Regulation of and Right to Use of Water. The regulation of the
use of water released from the aforesaid storage space shall be the sole
responsibility of the City. The City has the full responsibility to acquire
in accordance with state laws and regulations, and, if necessary, to
establish or defend, any and all water rights needed for utilization of the
storage provided under this contract. The Government shall not be
responsible for diversions by others, nor will it become a party to any
controversies involving the use of the storage space by the City except as
such controversies may affect the operations of the Government.
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ARTICLE 3 - Operation and Maintenance. The Government shall operate and
maintain the Project and the City shall pay to the Government a share of the
costs of such operation and maintenance as provided in Article 5. The City
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shall be responsible for operation and maintenance of all installations and
facilities which it may construct for the diversion or withdrawal of water,
and shall bear all costs of construction, operation and maintenance of such
installations and facilities.
ARTICLE 4 - Measurement of Withdrawals and Releases. The City a~rees to
furnish and install, without cost to the Government, suitable meters or
measuring devices satisfactory to the Contracting Officer for the
measurement of water withdrawn pursuant to this contract. The City shall
furnish to the Government monthly statements of all such withdrawals. Prior
to the construction of any facilities for withdrawal of water, the City will
obtain the Contracting Officer's approval of the meters or measurin~
devices. Such devices shall be available for inspection by' Government
representatives at all reasonable times. Releases from the water supply
storage space through the Project outlet works shall be made in accordance
with written schedules furnished by the City and approved by the Contracting
Officer and shall be subject to Article l(c). The measure of all such
releases shall be by means of a rating curve of the outlet works, or by such
other suitable means as may be agreed upon prior to use of the water supply
storage space.
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ARTICLE 5 - Payments. In consideration of the right to utilize the
aforesaid storage space in the Project for municipal and industrial water
supply purposes, the City shall pay the following sums to the Government:
'P"'.
(a) Project Investment Costs.
(1) The City shall repay to the Government the amounts stated below
which. as shown in Exhibit "A" attached to and made a part of this contract,
constitute the entire actual amount of the construction costs, escalated to
present day price levels by use of the Engineering News Record Construction
Index effective at the beginning of the fiscal year in which the payment is
due, allocated to the water storage right acquired by the City under this
contract.
(2) The Project investment costs allocated to the storage space
indicated 1n Article l(b)(l) is $2,275,685, on the basis of the costs
presented 1n Exhibit "A. II The amount of the Project investment costs
allocated to water supply storage shall be due and payable within 30 days
after the City is notified by the Contracting Officer that the contract is
approved.
(b) Major Replacement Cost.
(1) The City viII be required to pay 0.462 percent of the cost of
joint-use major replacement items.
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(2) Payment. Payment of costs, including interest during
construction, shall be made either incrementally during construction or in
lump sum upon completion of construction.
(c) Annual Operation and Maintenance (O&M) Expense.
(1) The City shall be required to pay 0.462 percent of th~ annual
experienced joint-use O&M expense of the Project.
(2) Payment. The first payment for O&M expense for water supply
storage is due and payable in advance on the date for payment of Project
investment costs as set forth in Article 5(8)(2) and shall be based on O&M
expense for the Project in the Government fiscal year most recently ended.
Subsequent payments thereafter will be due and payable on the anniversary of
the first payment date. The amount of each annual payment will be the
actual experienced O&M expense (allocated joint-use) for the preceding
fiscal year or an estimate thereof when actual expense information is not
available.
(d) Major Rehabilitation and Dam Safety Assurance Pro~rams Costs. For
costs associated with major rehabilitation programs, the percentage of joint
use costs which the City will be required to pay will be in accordance with
Article S(c) for water supply storage. For costs associated with dam safety
assurance programs, the percentages of joint use costs which the City will
be required to pay will be in accordance with Article S(c) for water supply
7
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storage. Payments for the costs associated with both programs shall be in
accordance with Article S(b)(2).
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(e) The City will repay to the Government all Project investment costs
as stated in Article 5(a)(2). If the City does not complete the withdrawal
facilities and utilize the stora~e space in Kerr, it will be entitled to a
partial refund of the Project investment costs prepaid. The refund will be
equal to the Project investment cost paid by the City reduc~d by 2 percent
for each year of part of a year that the City owned the storage.
(f) Delinquent Payments. If the City shall fail to make any of the
aforesaid payments when due, then the overdue pa~ents shall bear interest
compounded annually until paid. The interest rate to be used for overdue
payments under the provisions of Articles Sea), S(b), S(c), and Sed) above
shall be that determined by the Department of Treasury's Treasury Fiscal
Requirements Manual (l TFRM 6-8000, "Cash Management"). The amount charged
on payments overdue for a period of less than one year shall be figured on a
monthly basis. For example, if the payment is made within the first month
after being overdue after a IS-day Rrace period from the .anniversary date of
the date of notification, one month's interest shall be charged. Thereafter
a month's interest will be charged for any portion of each succeeding month
that the payment is delinquent. This provision shall not be construed as
giving the City a choice of either making payments when due or paying
interest, nor shall it be construed as waiving any other riRhts of the
Government, at law or in equity, which might result from any default by the
City.
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ARTICLE 6 - Adjustment to Project Construction Cost.
"""".f
The construction cost shown in this contract and the exhibits is based on
actual final construction costs. Any further construction cost accruing to
the City's water storage right shall be repaid under major replacement if
capitalized or under O&M expense if not capitalized.
ARTICLE 7 - Duration of Contract. This contract shall become effective when
approved by the Secretary of the Army or his duly authorized representative
and shall continue in full force and effect for the life of the Project.
ARTICLE 8 - Permanent Rights to Storage. Upon completion of the payment by
the City as provided in Article 5(a) herein, the City shall have a permanent
right, under the provisions of the Act of 16 October 1963 (Public Law
88-140, 43 U.S.C. 390e), to the use of the water supply storage space in the
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Project as provided in Article 1, subject to the following:
(a) The City shall continue payment of annual operations and
maintenance costs allocated to water supply.
(b) The City shall bear the costs allocated to water supply of any
necessary reconstruction, rehabilitation, or replacement of Project features
which may be required to continue satisfactory operation of the Project.
Such costs will be established by the Contracting Officer and repayment
arrangements shall be in writing in accordance with the terms and conditions
9
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set forth in Article 5(b)(2) for Major Replacement Costs, and be made a part
of this contract.
(c) Upon completion of 50 years of operation under this contract, the
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Contracting Officer shall redetermine the storage space for municipal and
industrial water supply in accordance with the provisions of Article lee).
Such redetermination of reservoir storage capacity may be further adjusted
from time to time as the result of sedimentation resurveys to reflect actual
rates of sedimentation and the exhibit revised to show the revised storage
space allocated to municipal and industrial water supply.
(d) The permanent rights of the City under this contract shall be
continued so long as the Government continues to operate the Project. In
the event the Government no longer operates the Project, such rights may be
continued subject to the execution of a separate contract, or additional
supplemental agreement providing for:
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(1) Continued operation by the City of such part of the facility as is
necessary for utilization of the water supply storage space allocated to
it;
(2) Terms which will protect the public interest; and
(3) Effective absolvement of the Government by the City from all
liability in connection with such continued operation.
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ARTICLE 9 - Release of Claims. The City shall hold and save the Government,
including its officers, agents and employees harmless from liability of any
nature or kind for or on account of any claim for damages which may be filed
or asserted as a result of the storage in the Project, or release of water
from the Project, ordered by the City or as a result of the construction.
operation, or maintenance of the water supply facilities and appurtenances
thereto owned and operated by the City except for damages due to the fault
or negligence of the Government or its contractors.
ARTICLE 10 - Assignment. The City shall not transfer or assign this
contract or any rights acquired thereunder, nor suballot said water supply
storage space or any part thereof, nor grant any interest, privilege or
license whatsoever in connection with this contract, without the approval of
the Secretary of the Army, or his duly authorized representative provided
that, unless contrary to the public interest, this restriction shall not be
construed to apply to any water that may be obtained from the water supply
....
storage space by the City and furnished to any third party or parties, nor
any method of allocation thereof.
ARTICLE 11 - Officials Not to Benefit. No member of or delegate to
Congress, or Resident Commissioner, shall be admitted to any share or part
of this contract, or to any benefit that may arise therefrom; but this
provision shall not be construed to extend to this contract if made with a
corporation for its general benefit.
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ARTICLE 12 - Covenant Against Contingent Fees. The City warrants that no
person or selling agency has been employed or retained to solicit or secure
this contract upon an agreement or understanding for a commission,
percentage, brokerage, or contingent fee excepting bona fide employees or
"..,..
bona fide established commercial or selling agencies maintained by the City
for the purpose of securing business. For breach or violation of this
warranty the Government shall have the right to annul this contract without
liability or in its discretion to add to the contract price or
consideration, or otherwise recover the full amount of such commission,
percentage, brokerage, or contingent fee.
ARTICLE 13 - Environmental Quality. During any construction, operation, and
maintenance by City of any facilities, specific actions will be taken to
control environmental pollution which could result from such activity and to
comply with applicable Federal, State, and local laws and regulations
concerning environmental pollution. Particular attention should be given to
(1) reduction of air pollution by control of burning, minimization of dust,
containment of chemical vapors, and control of engine exhaust gases, and of
smoke from temporary heaters; (2) reduction of water pollution by control of
sanitary facilities, 'storage of fuels and other contaminants, and control of
turbidity and siltation from erosion; (3) minimization of noise levels;
(4) onsite and offsite disposal of waste and spoil; and (5) prevention of
landscape defacement and damage.
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ARTICLE 14 - Federal and State Laws.
(a) In actin~ under its rights and obligations hereunder. the City
agrees to comply with all applicable Federal and State laws and
regulations. including but not limited to the provisions of the Davis-Bacon
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Act (40 U.S.C. 276 et seq.); the Contract Work Hours and Safety Standards
Act (40 U.S.C. 327-333); Title 29. Code of Federal Regulations. Part 3; and
Sections 210 and 305 of the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 (PL 91-646). The provisions of this
subparagraph shall apply only to construction by the City on Project lands
or Project properties.
(b) The City furnishes. as part of thi, contract. an assurance
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(Exhibit B) that it will comply with Title VI .of the Civil Rights Act of
1964 (78 Stat. 241. 42 U.S.C. 2000d. et seq.) and Department of Defense
Directive 5500.11 issued pursuant thereto and published in Part 300 of Title
32. Code of Federal Regulations.
(c) Any discharges of water or pollutants into a navigable stream or
tributary thereof resulting from the City's facilitIes ~nd operations
undertaken under this contract shall be performed only in accordance with
applicable Federal. State, and local laws and regulations.
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ARTICLE 15 - Definitions.
(a) Project investment costs - The initial cost of the Project,
including: land acquisition; construction; interest during construction on
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the value of land, labor, and materials used for planning and construction
of the Project.
(b) Specific costs - The costs of Project features normally serving
only one particular project purpose.
(c) Joint-use costs - The costs of features used for any two or more
Project purposes.
(d) Annual operation and maintenance (O&M) expense - Annual expenses
funded under the O&M, General account. These expenses include the daily
project O&M costs as well as those O&M costs which are capitalized.
\.
(e) Major replacement cost - Costs funded under the Construction,
General account but not associated with initial Project investment costs.
(f)' Fiscal Year - refers to the Government's fiscal year. This year
begins on 1 October and ends on 30 September. The September calendar year
corresponds to the fiscal year.
(g) Life of the Project - This is the physical life of the Project.
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(h) Major Rehabilitation - This program is to facilitate
accomplishment of significant, costly infrequent rehabilitation work at
the Project without unduly distorting the Operation and Maintenance
General budget.
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(i) Dam Safety Assurance Program - This program is to provide for
modification of the completed Project to rectify potential safety hazards
in light of present day standards, technology, and circumstances.
ARTICLE 16 - Approval of Contract. This contract shall be subject to the
written approval of the Secretary of the Army or his duly authorized
representative and shall not be binding until so approved.
IN WITNESS WHEREOF, the parties have executed this contract as of the
day and year first above written.
.
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APPROVED:
THE UNITED STATES OF AMERICA
By ~Jn~inRt~
I~~~i
Assistant Secretary of the Army
(Civil Works)
DATE:
CITY OF VIRGINIA BEACH, VIRGINIA
(f~ /~/11'1
ATTEST:
~,k-./~
ty Clerk 1>f V1rgl.nl.a Beach
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CERTIFICATION
I .Ll1:z(t:. AINII ,City Attorney for the City of Virginia Beach,
Virginia, hereby certify that the foregoing agreement executed by City
Manager Thomas H. Muehlenbeck of the City of Virginia Beach, is within the
scope of his authority to act upon behalf of the City of Virginia Beach, and
that in my capacity as City Attorney for the City, I have considered the
legal effect of Section 221 of the 1970 Flood Control Act (Public Law
91-611) and find that the City is legally and financially capable of
entering into the contractual obligations contained in the foregoing
agreement and that, upon acceptance, it will be legally enforceable.
Given under my hand, this
IZ-IJ,
day of J4.N~"1- 198!/
City of Virginia Beach
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EXHIBIT A
I - LAKE STORAGE
fl"'"
Percent of
Usable Usable Conservation
Feature Elevation Storage* Storage Storage
(ft., m.s.!.) (ac. ft.)
Flood Control 320 - 300 1,251,400 56.668
Conservation 300 - 268 956,900 43.332 100.000
Water Supply ( 10,200) 0.462 1.066
User - City of ( 10,200) 0.462 1.066
Virginia Beach
Hydropower ( 946,700) 42.870 98.934
Total 2,208,300 100.000
*Storage remaining after 100 years of sedimentation from the date the Project
became operational, July 1953.
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EXHIBIT A--Cont'd
II - ALLOCATION OF CONSTRUCTION COST
Cost ($)
Percent of
Project Joint-
Use Construction
Cost
Feature
Flood control
Speci fic
Joint-use
Recreation
Specific
Joint-use
Water supply
Specific
Joint-use
Hydropower
Specific
Joint-use
$18,023,000
( 0 )
(18,023,000 )
o
31.65
(
(
)
)
o
o
( )
( )
$69,127,000
(30,205,300)
(38,921,700)
o
68.35
Total Joint-use
$56,944,700
100.00
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EXHIBIT A--Cont'd
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III - CONSTRUCTION COSTS TO BE REPAID
BY THE CITY FOR WATER SUPPLY STORAGE
Project construction initiated:
Closure:
February 1946
July 1953
Mid point of construction period:
October 1949
ENR Index:
ENR Index:
Oct 1949:
Oct 1983:
477
4127
4127/477 = 8.65
Project joint-use construction cost x contract storage
Total usable storage
$56,944,700 x 10,200/2,208,300 =
56,944,700 x .00462 = $263,085
Updated cost: $263,085 x 8.65 = $2,275,685
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JV ANNUAL COSTS TO CITY FOR USE OF
WATER SUPPLY STORAGE SPACE
Interest and amortization:
,-
Operation and Maintenance (1)
Joint Use 0.462% x $1,297,929
=
6,000
Major Replacement (2)
Joint Use 0.462% x 106,100
=
490
TOTAL ESTIMATED ANNUAL COST
= $ 6,490
(1) Payment due and payable on the date specified in Article 5(a)(2).
(2) Major replacement costs are payable only when incurred as specified in
Article 5(b)(3). It is suggested that the amount shown be placed in a
reserve or sunking fund for future contingency.
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EXHIBIT B
ASSURANCE OF COMPLIANCE WITH THE DEPARTMENT OF DEFENSE
DIRECTIVE UNDER TITLE VI OF THE CIVIL RIGHTS ACT OF 1964
,0"1" The City of Virginia Beach, Virginia (hereinafter called "City") HEREBY AGREES
THAT it will comply with Title VI of the Civil Rights Act of 1964 (P.L. 88-352)
and all requirements imposed by or pursuant to the Directive of the Department
of Defense (32 CFR Part 300, issued as Department of Defense Directive 5500.11,
December 28, 1965) issued pursuant to that title, to the end that, in accordance
with Title VI of that Act and the Directive, no person in the United States
shall, on the grounds of race, color, or national origin, be excluded from
participation in, be denied the benefits of. or be otherwise subjected to
discrimination under any program or activity for which the City receives Federal
financial assistance from the Department of the Army and HEREBY GIVES ASSURANCE
THAT it will immediately take any measures necessary to effectuate this
agreement.
If any real property or structure thereon is provided or improved with the aid
of Federal financial assistance extended to the City by this Department of the
Army, assurance shall obligate the City, or in the case of any transfer of such
properly, any transferee, for the period during which the real property or
structure is used for a purpose for which the Federal financial assistance is
extended or for another purpose involving the provisions of similar services or
benefits. If any personal property is so provided. this assurance shall
obligate the City for the period during which it Tetains ownership or possession
of the property. In all other cases. this assurance shall obligate the City for
the period during which the Federal financial assistance is extended to it by
the Department of the Army.
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THIS ASSURANCE is given in consideration of and for the purpose of obtaining any
and all Federal grants. loans. contracts, property. discounts or other Federal
financial assistance extended after the date thereof to the City by the
Department of the Army, including installment payments after such date on
account of arrangements for Federal financial assistance which were approved
before such date. The City recognizes and agrees that such Federal financial
assistance will be extended in reliance on the representations and agreements
made in this assurance, and that the United States shall have the right to seek
judicial enforcement of this assurance. This assurance is binding on the City,
its successors, transferees, and assignees, and the person or persons whose
signatures appear below are authorized to sign this assurance on behalf of the
City.
City
Beach, Virginia
23456
City Manager, Ci y of Virginia
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STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, Ethelyn W. Register, a Notary Public in and for the City and
state aforesaid, do hereby certify that THor~s H. MUEHLENBECK, City
....' "-tanager, and RUTH HODGES SMITH, Ci ty Clerk, for the CITY OF VIRGINIA
3EACH, VIRGINIA, whose names as such are signed to the foregoing
instrument have acknowledged the same before me in my City and State
aforesaid.
GIVEN under my hand this Lath day of January, 1984.
.~ Q
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i.J-&L~ .:>>' rcwh-~
, Notary Puol c . _
My Conunission Expires: ..:5 -,f -j/.J
STATE OF NORTH CAROLINA
:ITY/COUNTY OF
I ,
, a Notary Public in and for the
:ity/County of
do hereby certify that
(Contracting Officer) whose name is signed to the
foregoing instrument has acknowledged the same before me in my City/
,,"
:ounty and State aforesaid.
GIVEN under my hand this
day of
, 1984.
Notary Public
My Commission Expires:
3TATE OF VIRGINIA
::ITY /COUNTY OF
I ,
, a Notary Public in and for
the City/County of
do hereby certify that
(Assistant Secretary of the Army) whose name
Ls signed to the foregoing instrument, has acknowledged the same before
me in my City and State aforesaid.
GIVEN under my hand this
day of
, 1984.
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Notary Public
My Commission Expires:
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- 37 -
Item II-lo17
CONSENT AGENDA
ITEM II 21350
Upon motion by Councilwoman Oberndorf, seconded by Councilman McCoy,
City Council APPROVED Raffle Permits for:
PARENTS UNITED OF VIRGINIA BEACH, INC.
PHI THETA KAPPA
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. McC1anan, J. Henry McCoy, Jr.,
D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Robert A. Jones
February 6, 1984
- 38 -
Item II-I.18
CONSENT AGENDA
ITEM II 21351
Upon motion by Councilwoman Oberndorf, seconded by Councilman McCoy,
City Council ADOPTED Ordinances authorizing Tax Refunds, in the amounts
of $597.11 and $113.97, respectively (totaling $711.08), upon applica-
tion of certain persons and upon certification of the Treasurer for
payment.
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. McC1anan, J. Henry McCoy, Jr.,
D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Robert A. Jones
February 6, 1984
-,
~
-38a-
M NC C.I' 7
1/20/84 EMe
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the fOllowing applications for tax refunds upon certification of the Treasurer are hereby approved:
,,"""
NAME Tax Type Ticket Exonera- Date Penalty Int. Total
Year of Tax Number tion No. Paid
-.-...
E1 . iE! Howeri n 84 Dog V 3971 1/4/84 7.00
W.. 1- am Henry N/A Pkng 8814 1/10/84 10.00
Ri lert D Kel so 83 PP 174047-6 11/23/83 203.28
S. ~phanie A Taylor 80 PP 112621 1 / 5! 84 37.46
C ~ White 83 PP 188252-6 1 /11 /84 230.21
A lantic Permanent B & L 81 RE(1/2) 35404-0 12/5/80 26.40
A lantic Permanent B & L 81 RE(2/2) 35404-0 6/5/81 26.40
A lantic Permanent B & L 82 RE(1/2) 36741-9 12/5/81 28.18
A 1antic Permanent B & L 82 RE(2/2) 36741-9 6/5/82 28.18
Total 597.11
,.....
"'Jr. .~-- (- . ..-...... ....~
.,:, " ,~ ~,..) I '/'" >I" .
H1.\J. ,ll .~.. :.., / ;"" 11:
I '"r .. , . I
~
..':I..... "
"I/,. 1 : .. . . .;
DEPT. OF LA VV
This ordinance shall be effective from date of adoption.
The above abatement(s) totaling
were approved by
the Council of the City of Virginia
Beach on the~day of February
1984
--
A roved as to f071
/~{Jgl~~
GI' Dale Bimson. City Attorney
r/:~( 1ft
Ruth Hodges Smith
City Clerk
p-,. --
-38b-
1/13/84
EMe
'ORM O. ;.A.7
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for tax refunds upon certification of the Treasurer are hereby approved:
....
NAME Tax Type Ticket E xonera- Date Penalty I nt. Total
Year of Tax Number tion No. Paid
~' Ihn M Beattie 83 PP 162201-3 11 /30/83 9.00
rIme 1 a SMack 82 PP 148830-2 3/15/83 83.97
[ Iward V Fl anagan 83 PP 47229-5 6/2/83 6.00
[ ; te 11 e G Wa tson N/A Pkng 96634 1/ 6! 84 10.00
( larles H O'Brien l~ II Dog V15214 12/29/83 5.00
u':.
Total
113.97
....
"~J.'r":l.oJi~~ :..' ' ,':
1;'\ ~'~'.;J,,\ '.'1).
.'4.\
"~!o.. .
;
-.. ..
Jr,l~ 1 v ,. ">
OC'i:>T ')~' .. \.",,'
. l..~! . ,,-, ..,J-. 'i oJ
,., ,
This ordinance shall be effective from date of adoption.
The above abatement(s) totaling
~_..__._.._ . .. were approved by
the Council of the City of Virginia
Beach on the~ day of February.
1984
Approved as to
Ruth Hodges Smith
City Clerk
/,_.(ll. J. ". I hliH
UJ. DaWB~ ,City Attorney
li'pnrl1::lrv Oh_ lqR4
'I II
- 39 -
Item II-J.1
PLANNING
ITEM It 21352
Attorney Grover Wright represented the applicant (in the absence of
Douglas Talbot).
A motion was made by Councilman Robert Jones, seconded by Councilman McCoy,
to approve an Ordinance upon application of WOODS GREEN RUN II, PHASE V,
for a MODIFICATION to the LAND USE PLAN (as shown below). The motion was
LOST by a vote of five to six.
Voting: 5-6 (LOST)
Council Members Voting Aye:
Nancy A. Creech, Harold Heischober, H. Jack Jennings, Jr.,
Robert G. Jones, J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
John A. Baum, Vice Mayor Barbara M. Henley, Mayor Louis R. Jones,
W. H. Kitchin, III, Reba S. McC1anan, Meyera E. Oberndorf
Council Members Absent:
None
Upon motion by Councilwoman McC1anan, seconded by Councilwoman Oberndorf,
City Council DENIED an Ordinance upon application of WOODS GREEN RUN, II,
PHASE V, for a MODIFICATION to the LAND USE PLAN for Green Run as follows:
ORDINANCE UPON APPLICATION OF WOODS GREEN RUN II
FOR A MODIFICATION TO THE LAND USE PLAN FOR GREEN RUN
Ordinance upon application of Woods Green Run II
for a Modification to the Land Use Plan for Green Run
to include townhouses and apartment/condominiums of
130.084 acres located at the northwest corner of
Rosemont Road and Buckner Boulevard. Plats with
more detailed information are available in the
Department of Planning. KEMPSVILLE AND PRINCESS
ANNE BOROUGHS.
Voting: 6-5 (MOTION TO DENY CARRIED)
Council Members Voting Aye:
John A. Baum, Vice Mayor Barbara M. Henley, Mayor Louis R. Jones,
W. H. Kitchin, III, Reba S. HcC1anan, Meyera E. Oberndorf
Council Members Voting Nay:
Nancy A. Creech, Harold Heischober, H. Jack Jennings, Jr.,
Robert G. Jones, J. Henry McCoy, Jr., D.D.S.
February 06, 1984
- 40 -
Item II-J.2
PLANNING
ITEM II 21353
Attorney Grover Wright represented the applicant.
Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City
Council ADOPTED an Ordinance releasing a certain restriction on the
rezoning and use permit application of JOHN E. SIRINE AND ASSOCIATES
granted on September 10, 1973.
City Council voted to reconsider this item on January 9, 1984.
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. McC1anan,
J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
February 06, 1984
I II
-40a-
REQUESTED BY; DEPARTMENT OF PLANNING
AN ORDINANCE RELEASING A CERTAIN
RESTRICTION ON THE REZONING AND USE PERMIT
APPLICATION OF JOHN E. SIRINE AND ASSOCIATES
GRANTED ON SEPTEMBER 10, 1973
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
WHEREAS, on September 10, 1973, City Council granted the
application (No. 1916) of John E. Sirine and Associates for a
change of zoning from Residence Suburban District 4 (R-S 4) to
Residence Duplex District 2 (R-D 2) and a use permit to construct
a professional office at the southwest corner of Bonney Road and
South Fir Avenue, subject to certain conditions, one of which
was that "ingress and egress shall be from Bonney Road only"
(hereinafter the "Condition"); and
WHEREAS, John E. Sirine and Associates has requested that
the Condition be released; and
WHEREAS, upon review of the request by City staff, it has
been determined that release of the Condition would be in the
best interest of the City of Virginia Beach.
THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the condition that "ingress and egress shall be from
Bonney Road only," imposed upon the rezoning and use permit
application of John E. Sirine and Associates granted by City
Council on September 10, 1973, is hereby released and that all
other conditions of said application shall remain in full force
and effect.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the 6 day of February , 1984.
cj
1/11/84
(J)
_0" ..__-,._,~,.".)
II
- 41 -
Item II-J.3
PLANNING
ITEM # 21354
Upon motion by Councilwoman McC1anan, seconded by Councilman Heischober,
City Council voted to RECONSIDER action taken by Council on January 23,
1984 regarding an Ordinance to AMEND AND REORDAIN ARTICLE 1, SECTION 111,
of the COMPREHENSIVE ZONING ORDINANCE pertaining to definitions. (This
item was adopted on January 23, 1984.)
Voting: 9-0
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, Reba S. McC1anan and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
W. H. Kitchin, III and J. Henry McCoy, Jr., D.D.S.
Upon motion by Councilwoman McC1anan, seconded by Councilman Heischober,
City Council DEFERRED RECONSIDERATION of action taken by Council on
January 23, 1984, regarding an Ordinance to AMEND AND REORDAIN ARTICLE 1,
SECTION 111, of the COMPREHENSIVE ZONING ORDINANCE pertaining to definitions.
Reconsideration was deferred to February 27, 1984 at 7 o'clock in the evening.
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,
Robert G. Jones, W. H. Kitchin, III, Reba S. McC1anan, and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
February 06, 1984
I I I
-41a-
-33a-
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE 1, SECTION 111
OF THE COMPREHENSIVE ZONING ORDINANCE
PERTAINING TO DEFINITIONS
....
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Article 1, Section 111, Definitions, of the C.Z.O. be amended and re-
ordained in part as follows:
A~eaae~--A-eeAtt~~e~s-a~ea-wttR-aeeess-te-a-st~eet-e~-8tReF-~ijB+~€
way;-wRteR-ts-8~eA-aAa-~Ae~st~~etea-t8-a-Ret~Rt-ef-Aet-+esS-tRaR-twetve
ft2t-feet,-ts-aeeesstBte-te-tRe-~~B+t€-a~~tR~-8~stRess-R8~~s~-Ras-aR
aFea-ef-Ret-teSs-tRaR-ftve-R~RaFea-f5QQt-s~ija~e-feet-tR€l~atR~-~eFtteRs
eee~~tea-BY-B~t~atR~-eel~mRs,-aRa-Ras-a-mtAtmijm-eeFFt8eF-8tmeRs~eR-ef
teR-f~Qt-feet.--~~eR-aFea-sRal~-Ret-ae-m8Fe-tRaR-tRFee-f6j-feet-aaeve
tRe-+eve~-8f-tAe-stFeet-wR~eR-~t-aejefRs.
...
BeRefteta+-e~eR-s~aee~--Q~eR-s~aee-~e~f8~mtR~-a-Reeessafy-eF-aes~Fae+e
f~RetfeR-tR-Fe+atfeR-te-FesfaeRtfal-ijse.--BeReffetal-e~eR-s~aee-maY-~R-
e+ijae~-ameR~-etReF-Stmt+af-aFeaS~-e€eaRS;-ffveFs~-iakes~-~aFks~-aRa
~~eijRaS-aFeYRa-~ijelf€-BijfiafR~s.
geaFatR9-Re~se.--A-eijfletR9-etReF-tRaR-a-Rete+-eF-metel-wReFe;-feF
€em~eRsatteRT-mea+s-eF-lee9~R9-aRa-meal5~-aFe-~F9vfaee-feF-tRFee-f~j
eF-meFe~-9Yt-Ret-e*6eeQtR9-RfRe-tgj-9ijest5.
Bijt+aa9+e-aFea.--+Re-~9ftfeR-ef-a-~9RfR9-l9t-e*€lYafR~-Fe~Y~Fea-yaFas.
gyt+etR9s-maY-ge-~+aeea-~R-aRy-~aFt-ef-tAe-aYflaa8+e-aFea-as-l9R~-as
ma*tmwm-let-6eveFage-Fe~ij~FemeRts-aFe-met.
8Yt+ea9+e-afea-ge~ReaFy-ltRe.--ARy-ef-tRe-~ma~~RaFy-ltRe5-wR~eR-e9R-
5tttYtes-a-~eFtmeteF-se~aFattR~-tRe-Bijtlea8le-afea-ff9m-tRe-fe~Y~fe8
yafas-ef-a-~9RtR9-l9t.
GaF~eFt.--AR-ae€eSseFy-stf~etijFe-eF-~eFtfeR-8f-a-~F~Ref~a+-stF~etijFe;
e9RststfR9-ef-a-Fe9f-aRe-Sij~~eFtfR9-memBeFS-SijeA-aS-eetymRS-9F-Beams;
ijReR6l8see-fFem-tAe-9F9YRa-te-tRe-Fe9f-eR-at-least-tw9-f2j-sfees;-aRa
aesf9Rea-9F-~sea-~9F-tRe-st9~age-9f-m9t9~-veA~eteS-ewRee-aRa-~see-BY
tRe-eee~~aRts-e~-tRe-B~~le~R9-te-wRfeR-~t-~s-aeeess9~Y.
beasta+-Aa~aFe-etstF~€t.--+Rat-aFea-SYBje€t-t9-ftee8~R9;-wave-aet~eR
aRa-e~es~9R-9y-e9astal-t~ea+-waves-e~-steFms.
~
Community center. A building or group of buildings for a community's
educational and recreational activities operated on a non-profit basis.
Day care center. ARy-estaBltsRmeRt-wRefe-f~ve-f6j-9F-m9Fe-~e~saRs,
e*€l~e~R~-memBeFS-9f-tRe-famflY-gee~~y~R~-tAe-~Femlse5;-afe-eaFea-f9F.
+Re-teFm-tRelYees-eaY-RijPSep~es~-klRee~9aFteRs;-eR~le-eaFe-eeRteFs-aRa
ae~lt-aay-eape-6eRteps. Any facility operated for the purpose of provid-
ing care, protection and uidance to a rou of children se arated from
their parents or guardlans urlng a part 0 t e 24 hour day. In regard
January 23, 1984
February 06, 1984
I II
-41b-
-33b-
to facilities operated in a private family home as an approved home
occupation, this term shall apply only to homes in which five or more
children are received except children who are related by blood or
marriage to persons who maintain the home.
Density. The number of dwelling or lodging units per gross acre.
gee~Bel.--A-~A~t-ef-ffieas~~effieAt-ef-tRe-~AteAs~ty-ef-se~Ae-ftRe-se~Ae
~~ess~~e-leYelt.
ges~~A-fleee.--tRe-Sete€tee-fteee-a~a~Rst-wR~eR-~~ete€t~eR-~S-~~eY~eee
e~-eYeAt~atly-wtlt-Be-~~eY~eee,-BY-ffieaRs-ef-fteee-~~ete€t~Ye-e~-€eRt~et
we~~s.--lt-ts-tAe-Basts-fe~-eest~R-aRe-e~e~at~eR-ef-a-~a~t~€~ta~-~~eje€t
afte~-f~tt-eeRstee~atteA-ef-f+eee-eAa~a€te~~st~€s,-f~e~~eA€~eS-aAe
~eteAt~als~-aAe-e€eReffi~€-aAe-etAe~-~~a€t~€al-€eAS~ee~at~eAs.
~~e~~eA€y.--As-~see-~A-tRe-Ae~se-~e~~+at~eAs-~s-tRe-A~ffiBe~-ef
es€~++at~eAs-~e~-Se€eAe-ef-a-Y~B~at~eA.
-
~effieewAe~S-aSse€~at~eA.--AA-~A€e~~e~atee~-AeA-~~ef~t-e~~aA~~at~eR
e~e~at~A~-~AGe~-~eee~eee-te~at-a~~eeffieAt5-~~AA~A~-w~tR-tRe-+aR8~--~R8Q~
5~6R-a~~eeffieAts~-tRe-aSSe€~at~eA-ffiaY-Be-fe~ffiee-eA-tRe-Ba5~5-ef-e~tRe~
ve+~Ata~y-e~-a~teffiatle-ffieffiBe~5R~~.--A-Ye+~Ata~y-e~-AeAa~teffiat~€-aSSe6~a-
t~eR-e~e~ateG-w~tR-+aAe-a~~eeffieAt5-B~t-wltR-ffieffiBe~SR~~-aR8-aSSe5SffiQRts-
e~t~eAa+-w~tR-tRe-+9t-ewAe~-aAe-e~se~etl9Aa~Y-9A-tRe-~a~t-ef-tRe-e~~aR~~a-
tleA-ffiaAa~effieAt.--A-V9+~Ata~y-assge~atl9A-9f-~~e~e~ty-eWAe~5-~S-~5e8-fe~
e~e~at~eA-ef-e9ffiffi~Alty-et~BS-e~-fe~-~e€~eatl9Aat-feat~~eS-5~€R-aS-a
SWlffiffilA~-~e9t-e~-~9+f-€+~B-WRe~e~A-tRe-eeve+e~ffieRt-~~9Vl8es-tRe-fa6~+~ty
aAG-e9AtlA~eS-R~s-~at~eAa~e-aAe-eWAe~SR~~.--+Re-€eVeRaRts-9~-gtRe~
ege~ffieAts-9f-t~t+e-a~e-A9t-~eee~8ee-aAe-~A6e~~9~ate8-W~tR-ea6R-geeg-gf
€9AYeyaAee.--A~t9ffiat~e-ffieffiBe~SRl~-~S-9Ae-~R-WR~€RT
fat EaeA-l9t-ewAe~-~A-a-~laAAee-~A~t~-e~-etAe~-ee5€~~gee-+aAe-a~ea
a~t9ffiat~ea++Y-Bee9ffies-a-ffieffiBe~-~~9R-~~~€RaSe~-aRg
fBt ~aeR-+9t-~s-a~t9ffiatlea++y-s~Bje€t-t9-a-€Ra~~e-f8~-~~e~8~tl9Rate
sRa~e-ef-tRe-ex~eAse-fe~-tRe-e~9aAl~atleAls-a€t~Yltles~-5~€R-aS
ffialAtalAlA~-68ffiffieA-~~e~e~ty.
Homeowners association. An incorporated, non-profit organization
made up of homeowners in a specified subdivision or subdivisions, that
shall be responsible for maintenance and operation of neighborhood
recreation facilities or other community facilities or functions, and
that shall assess its members fees or dues to offset the cost thereof.
-
January 23, 1984
February 06, 1984
I II
-41c-
~JIIi"7'"
-33c-
-
Hotel. A building or group of attached or detached buildings con-
taining dwelling or lodging units in which fifty (50) percent or more
of the units are lodging units. A hotel shall include a lobby, clerk's
desk or counter and facilities for registration and keeping of records
relating to hotel guests. This term also includes motels.
tffi~aet-Y~e~at~9Rs~--ea~tR-e9~Re-eSe~ttat~eRs-eee~~p~R~-at-ep-less
tRaR-9Re-R~Re~ee-flg9t-t~ffies-~e~-ffi~R~te~
Junkyard. tRe-e~SffiaRtt~R~-ep-wpee~~R~-ef-ffietep-YeR~e+es-ep-tPa~teps,
e~-tRe-st9~a~e,-sate-ep-e~ffi~~R~-ef-e~sffiaRttee~-~apt~atly-e~SffiaRttee;
geSetete-9~-w~eekee-YeR~eteS-9P-tRe~p-~aPtS-e~-9tRe~-se~a~-ffietatS~
Any lot or parcel of land, structure or part thereof used for the
collection, storage and sale of wastepaper, rags or scrap metal or discarded
material, or for the collection, dismantling, storage and salvaging of
machinery or vehicles not in running condition and for the sale of parts
thereof.
-
Landscaped. A-ffia~Ata~Aee-apea Devoted exclusively to plants which
are rooted directly in the ground or in permanently fixed planter boxes
properly maintained.
Lot. A piece or parcel of land abutting on a street and created
by proper legal instrument.
Lot coverage. That ~9Pt~9A percent of a zoning lot covered by enclosed
building space including total area of all covered open space (except
for open space covered by eaves and normal overhang of roofs) but not
including uncovered entrance platforms, uncovered terraces, or uncovered
steps where such features do not themselves constitute enclosures for
building areas below them.
MaR~faet~p~R~~--tRe-ffieeRaR~eat-ep-eReffi~eal-t~aAsf9~ffiat~eA-9f-~A9P~aR~e
e~-9~~aR~e-s~estaRees-~Ate-Rew-~~ee~ets~
Marina. A facility for secure mooring of boats for use by persons
including the owner or resident of the lot and those other than the
owner or resident of the lot upon which the facility is located.
Mini-warehouses. A series of individual enclosed storage units for
rent or lease.
.; 1
NeRe9RfePffitR~-t9t~--A-tet-wRteR-waS-~~eYte~sly-tawf~t-B~t-wRteR-eees
Ret-eeffi~ty-w~tR-tRe-ffi~R~ffi~ffi-tet-a~ea-9~-w~etA-pe~~~~effieAts-9f-tRe-e~st~~et
~R-WRteA-~t-~S-tgeatee~-e~tAe~-eA-tRe-effeet~Ye-eate-9f-tR~s-ep8~AaAee
ep-as-a-~es~tt-9f-aAY-S~Bse~~eAt-affieReffieRt-tRe~ete.
NeReeAfe~ffi~R~-S~~R~--ARY-St~R-tawf~t-at-tRe-effeet~Ye-8ate-ef-tA~s
e~e~AaAee-e~-affieReffieRt-tAe~ete-WAteR-eees-Ret-eeRfe~ffi-wttA-tRe-a~~t~eaete
~~9Y~S~9AS-9f-tA~s-epe~RaR€e-9P-S~eSe~~eRt-affieAeffieAt-tRepete~-ep-aAY
9tAep-e~e~RaRee-9f-tAe-beee-ef-tAe-btty-ef-V~~~~A~a-BeaeR~
January 23, 1984
I II
-41d-
111W't'
-33d-
N9Re9Rf9~ffilR9-st~~6t~~es~--ARy-st~~6t~~8-WRl6R-WsS-~FeVlg~S~Y-~dWf~~
B~t-wRleR-ageS-Rgt-e9ffi~tY-WltA-tAe-B~tk~-Ys~8~-setBs6k-gF-Re~~Rt-Fe~~~s-
tl9RS-9f-tAe-a~st~let-lR-WA~6R-~t-lS-t96stea~-e~tAe~-gR-tRe-effeGt~v8
8ste-9f-tAlS-9~8lRaR6e-9~-sS-s-~eS~tt-9f-sRY-S~BSe~~eRt-sffieRaffieRt
tRe~et9~
N9R69Rf9~ffilR9-~se-9f-taRa~--ARy-~se-9f-s-~9RlR9-t9t-WR~6A-WdS-~FeV~g~s~y
taWf~+-B~t-wAleR-ageS-R9t-e9Rf9Fffi-t9-tRe-a~~tl6aBte-~Se-Fe~~+atlgRS-gf
tAe-alstFlet-lR-WAleA-lt-lS-tgeatea~-eltAeF-9R-tRe-effe6t~ve-Qate-gf-tR~S
9F8lRaAee-9F-as-tAe-FeS~tt-9f-aRY-S~BSe~~eRt-ameRaffieRt-tReFetg.
N9Ae9Af9FffilA9-~Se-9f-stF~6t~FeS~--ARy-~se-9f-a-B~l+8lR~-9F-gtReF-stF~6twFe
WR~eR-WaS-~peY~9~S+y-lawf~t-9~t-wA~eA-8geS-R9t-69RfgFffi-tg-tAe-i~~+~6aB~e
~5e-Fe~~+itl9RS-gf-tRe-8~stF~6t-~R-WR~6R-~t-~5-+g6ste8~-e~tReF-gR-tRe
effe6tlve-8ate-gf-tR~5-QF8~RsR6e-QF-aS-s-FeSW+t-Qf-iRY-SWBSe~~eRt-i~8RQ-
lIleRt-tReFetg.
".
Q6tive-BdRQ-f~+teF~--AR-~RstF~ffieRt-5tsR8iFQ~~eQ-Qy-tRe-AmeF~6iR-~tsRQiFQ&
A5SQ6~it~9R~-~5eQ-tR-6QRJ~R6t~QR-W~tR-s-59WR8-+eVe~-~eteF-tQ-tike-~ei&WFe-
lIleRt5-~R-S~e6~f~6-Q6tsve-BsRaS.
-
P+sRT--~P+sR~-s5-~5ea-~R-AFt~6te-+t~-Fetst~R~-t9-~+sRRea-aeve+Q~~eRt~
SRi++-ffiesR-tRe-~Fg~Q5s+-fQF-a-~+sRRea-aeVe+g~ffieRt-~FQJe6t~-~R6~W9~R9-tR8
SWQ9~V~5~QR-~i~~-s+~-6QV8RsRtS~-9FsRtS-9F-8s5ellleRts-iR9-QtReF-6QR9~t~QRS
F8~it~R9-tQ-W5e~-~Q6it~QR-sR9-BW+k-Q~-QW~+Q~R9S~-geRS~tY-Q~-geVe~Q~~8Rt~
6Q~QR-Q~eR-5~i6e~-iRQ-~WQ+~6-fi6~+~t~es.
P+iRReg-geVe+Q~lIleRt-~FQje6t~--~eF-~~F~9SeS-gf-tRese-Fe9W~st~QRS~-s
~~iRR8Q-98V8+Q~~eRt-~s-~iRQ-WRaeF-~R~f~eg-6QRtFQ+~-~+sRRea-iRa-QeVe+Q~eg
is-i-WRQ+e-i66QF9~R9-t9-6e~~FeReR5~Ve-aRa-gets~~eg-~~sR5-WR~6R-~R6+Wge
R9t-QR+y-stFeets~-wt~+~t~eS~-+Qt5~-eF-Q~~~9~R9-5~te5-sRQ-tRe-+~k8~-bwt
i+SQ-slte-~+iR5~-f+Q9F-~+sRS~-aRa-e+eYit~9R5-fg~-s++-QW~~Q~R95-i5-~R-
t8RQ8d-tg-be-~g6iteg~-6QRstF~6tea~-~5eg~-iRQ-Fe+iteg-tg-ei6R-QtReF-ttQ
tRe-ext8Rt-Fe~~~~eQ-~gF-Qete~IIl~Rat~QR5-tQ-Qe-lIliQe-WRQeF-tRese-Fe9w+it~9R5j~
iRQ-getii~8Q-p+aRS-fQF-QtR8F-~Se5-aRQ-~~pFQVemeRts-QR-tRe-+iRQ-sS-Fetiteg
tQ-tR8-QWi+giR9S~-iRQ-w~tR-a-~F99Fslll-fQF-~FQV~S~QR~-9~eFst~9R~-sRQ-~i~Rte-
RiR6e-9f-5W6R-iFeiS~-~IIl~FQVeIll8Rt5~-fi6~~~t~85~-iRQ-SeFV~6eS-iS-W~++-be
fQF-tR8-69~QR-W5e-QY-5Q~e-QF-a+~-9f-tR8-Q66WpaRt5-Qf-tRe-g~stF~6t-b~t
W~++-RQt-be-pFgV~QeQ~-g~eFateQ~-QF-mi~Rts~R8Q-st-geReFa+-pWQ+~6-eXpeR5e.
P+aRR~R~-QlFe6tQF~--+Re-~+aRR~R~-Q~Fe6tQF-Qf-tRe-6~ty-QWt-~t-5Ra++-a+5g
~R6+WQ8-Qe5~9RiteQ-Fe~Fe5eRtst~ve5-gf-tRe-Q~Fe6tgFT--A5-i~PFQ~F~ite-tg
tRe-6~F6~m5tiR6e5~-i~~F9Vi+-By-tRe-Q~Fe6tQF-5Ri++-~R6+WQe-ippFQVa+-QY-R~S
QeS~9RiteQ-Fe~F85eRtat~Ve.
Principal structure. A structure that encloses or houses any principal
use.
-
RetalAlA~-Wa~t~--AAy-wall-wAleA-f~Aetl9R-~s-t9-~es~st-tRe-late~at
als~laeemeRt-9f-aAY-ffiatef~at.
R99f-teYet~--+~e-Al~~est-~9~Rt-9f-t~e-e9~lR~;-R9t-lAet~8~A~-aAy-~aFa~et
9F-faeaae;-9f-a-ftat-f99f-9f-t~e-aeek-t~Ae-gf-a-ffiaRsaFQ-F99f-9f-t~e-aYe~a~e
Rel~Rt-9f-t~e-Rl~Aest-~a8le-9f-a-~~teR-9F-R9~-F99f~ .
January 23, 1984
February 06, 1984
I II
-41e-
.,-$"'
'.!).
-33e-
-
Reeffi~A~-Ae~se~--A-B~~te~A~-e~-~~e~~-ef-attaeAee-e~-eetaeAee-B~~~e~A~S
eeAta~A~A~-~A-eeffiB~AatteA-tA~ee-t3t-te-AtAe-t9t-tee~tA~-~A~ts-fe~
eee~~aAey-fe~-weekty-e~-teA~e~-~e~~eeS-WttA-8~-wttAe~t-Bea~e;-as-etS-
t~A~~~sAee-f~9ffi-A8tetS-aAe-te~~~st-AeffieS-~A-WA~eA-~eAtats-a~e-~eAe~attY
fe~-ea~ty-e~-weekty-~e~j8es-aRe-eee~~aRey-~s-By-t~aRsjeRts.
Shelter for farm employees. A single family residential structure
located on a farm for the purpose of housing employees of that farming
business.
Sign. Any device or display designed to inform or attract the attention
of persons not on the premises on which the sign is located, provided
however, that flags and insignia of any government or non-profit organiza-
tions except when displayed in connection with commercial promotion shall
not be included in the application of the regulations herein.
.. '
~e~Ae-teYet-ffiete~~--AR-jRst~~ffieRt-staRea~et~ee-By-tAe-Affie~teaA-~taAea~es
Assee~at~9AT-~see-f9~-ffieas~~effieAt-ef-tAe-~AteRs~ty-ef-s9~Ae;-aAe-eatjB~atee
jR-eee~Bets,:,
-
Steaey-state-Y~B~at~eRs~--~a~tABe~Re-eSe~ttatteAS-8ee~~~~A~-ffie~e-tAaA
eAe-A~Re~ee-ttQQt-ttffieS-~e~-ffitA~te.
Street. A vehicular way, whether public or private, (which may also
serve as part of a way for pedestrian traffic) whether called street,
highway, thoroughfare, parkway, throughway, road, avenue, boulevard,
lane, place, alley, mall or otherwise designated.
St~eetT-a~te~~at-8~-ffiaje~-st~eet~--A-st~eet-~see-By-e~-eeSt~Aatee
~~~ffia~~ty-f9~-fast-9~-Aeayy-t~affte-aAe-fe~-tAe-~~~~9Se-9f-tAtS-e~etAaAee
SAatt-Be-eeRStee~ee-te-Be-as-sAewA-~A-aAy-e8ffi~~eAeAStYe-~taA-e~-eteffieAt
tAe~eef-eeSt~RattA~-s~eA-a~te~tat-e~-ffiaje~-st~eets-e~-At~Aways-efftetatty
aee~tee-By-etty-ee~Rett.
~t~eet;-e9tteete~,:,--A-st~eet-~see-~~tffia~tty-te-6a~~Y-f~effi-ffitR9~-st~eets
t9-a~te~jat-9~-ffiaj9~-st~eets-e~-At~Aways,:,
~t~eetT-ffia~~jRat-aeeess,:,--A-st~eet-~see-te-se~a~ate-t9eat-t~affte-f~9ffi
tR~e~~A-t~aff~e-eR-aR-aejaeeRt-tAe~9~~Afa~e-aRe-~~eytee-69Rt~9ttee-tR-
~~ess-t9-aRe-e~~ess-f~9ffi-tA~9~~A-t~affte.
~.. ,
~t~eetT-ffitA9~,:,--A-st~eet-~see-~~tffia~tty-fe~-aeeess-te-aB~tttA~-~~e~e~ttes
aRe-tRet~ees-ffia~~tRat-aeeess-st~eets-wAteA-a~e-~eAe~atty-~a~attet-aAe
aejaeeRt-te-a~te~tat-st~eets-e~-At~Rways-Se~YtA~-aB~tttR~-~~e~e~ttes-aRe
~~eyjetA~-~~eteetjeR-f~effi-f~tetteA-wttR-tA~e~~R-t~afft6.
.-
Student center. A building or structure devoted to active or passive
recreational facilities for students of a COllege or university and
operated by an agent of the college or university. ---
Student dormitory. A building or structure devoted to housing of
regularly enrolled students of a college or university which contains
lodging units or sleeping rooms and may contain a common kitchen and
dining facility for the occupants and operated. by an agent of the
college or university with which the students are affiliated.
I I I
-4lf-
_,,-1~
-33f-
,-
+R~ee-e9m~eReRt-meaS~~~R~-SYStem~--A-aeytee-fe~-~eee~atR~-tRe-tRteRStty
9f-aRY-Y~9~at~eR-~R-tR~ee-f3t-m~t~atty-~e~~eRate~taf-a~feett9RS.
+9ij~~st-R9me~--A-Bij~ta~R~-e~-~~eij~-ef-attaeRea-9f-8etaeRe8-B~tt8tR~S;
e9RtatR~R~-~R-e9mB~Rat~eR-tRfee-f3t-te-R~Re-t9t-t9a~tR~-aRaf9f-8WetttR~
~R~ts-f9f-eee~~aRey-f9~-aa~ty-e~-weekty-~e~~eaST-w~tR-9f-WttR9~t-eeafa;
aRa-~f~maf~ty-f9f-eee~~aReY-By-tfaR5~eRts;-aS-atst~R~ijtSRea-ff9m-m~+ti~te
aWettlR~s-aRe-~gemlR~-Re~seS-~R-WR~eR-gee~~aRey-is-~f~maf~+y-9Y-fesjaeRts
fatReF-tRaR-tFaRSleRts.
YsaBte-~99f-a~ea~--l9tat-f98f-a~ea-9f-~e5laeRttat-BijttatR~S;-~aFa~es;
aRa-aeeesS8~y-BijttatR~S-WRteR-RaS-8eeR-taRasea~ea-8F-tm~F9Yea-aS-Feefeatt9R
s~aee-f9~-~se-9f-Fes~aeRts-8f-tRe-8eYet8~ffieRt.
~aFa;-s~ee~at~--ARy-yafa-S8-~taeea-9~-9~leRtea-tRat-ReltReF-tRe-tefm
SlQe-yaFa-9F-FeaF-yaFa-eteaFty-a~~+~es~
Adopted by the Council of the City of Virginia Beach, Virginia, on the
71 day of
.JRnllRry
, 1 984 .
-
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. -...,;;.:.1- }L~_ - j - 'l -d' {.~
, - :'1,-,,'.,. iURE
:~!T':' ATTORNEY
-
I I I
- 42 -
Item II-J. 4
PLANNING
ITEM II 21355
Upon motion by Councilwoman McC1anan, seconded by Councilwoman Oberndorf,
City Council DEFERRED, for three weeks (to February 27, 1984), Ordinances
to AMEND AND REORDAIN:
Article 1, Section 102, of the COMPREHENSIVE ZONING
ORDINANCE pertaining to allowed uses;
Article 9, Sections 911(a)(8) and 911(c)(1) of the
COMPREHENSIVE ZONING ORDINANCE pertaining to
use regulations for commercial amusement faci1ites
and amusement arcades in the B-2 Communi~y-Business
District; *
Article 2, Part D, of the COMPREHENSIVE ZONING
ORDINANCE pertaining to performance standards.
These items were deferred for two weeks on January 23, 1984.
*Counci1woman McC1anan stated her desire to add a sentence to the first
page of this Ordinance, under Item (8) as follows:
(8) Commercial recreation facilities other than those
of an outdoor nature. pf6vfded'eft~e-fimttBemefte-fifefideB
Bftfi~~-be-pefffifeeed-6ft~Y-fiB-fi-e6ftdfef6ftfi~-ttBet
However, when located adjacent to residentia11y-
zoned areas, these facilities shall be permitted
only as a conditional use.
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,
Robert G. Jones, W. H. Kitchin, III, Reba S. McC1anan, and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
February 06, 1984
-42a-
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE 9. SECTIONS 911(a)(8) AND 91l(c)(1)
OF THE COMPREHENSIVE ZONING ORDINANCE
PERTAINING TO USE REGULATIONS
FOR Cor~l~ERCIAL AMUSEMENT FACILITIES
AND AMUSEMENT ARCADES
IN THE B-2 COMMUNITY-BUSINESS DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Article 9, Section 9ll(a), Principal uses and structures, of the C.Z.O.
b,1 lmended and reorda i ned as fo 11 ows:
(8) Commercial recreation facilities other than those of an
outdoor nature. ~FeVlaea-tRat-affi~seffieRt-a~Ea8es-sRall
~e-~eFffilttea-eRly-as-a-EeA8ltleRal-~5ef
That Article 9, Section 9ll(c), Conditional uses and structures, of the C.Z.O.
be amended and reordained as follows:
{l} Affi~5effieAt-aF€aaeS;
(1) t2} Automobile service stations and~small engine repair establish-
ments, provided that all repair work shall be performed within
a building;
(2) {~} Automobile service stations; provided that, where there is an
adjoining residential or apartment district without an inter-
vening street. alley or permanent open space over twenty-f;ve
(25) feet in width and where lots separated by a district
boundary have adjacent front yards, a six (6) foot solid fence
shall separate the automobile service station use from'the
adjacent residential district and no ground sign shall be
within fifty (50) feet of the residential or apartment district;
(3) {4} Borrow pits;
(4) {at Bulk storage yards and building contractors' yards; provided
that no sale or processing of scrap, salvage, or secondhand
material shall be permitted in such yards; and, provided
further that such storage yards shall be completely enclosed
except for necessary openings for ingress and egress by a
fence or wall not less than six (6) feet in height;
(5) ta} Car wash facilities, provided that:
(i) no water produced by activities on the zoning lot shall
be permitted to fall upon or drain across public streets
or sidewalks or adjacent properties;
(ii) a minimum of three (3) off-street parking spaces for
automobiles shall be provided for each car wash space
within the facility. . .
----
88.
.....
..~j~'r~;::.':TZ~::~~'r\!' '.'_~'~'~J~21~~7.':~' '. ':.,.'. -, ~r~'.~_. ." ..,.. '.
~.';~~~ 0~~-W:;/"".-'';; .r~~.~,-''''_'
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(6)
(7)
( 8)
(9)
(10 )
( 11)
(12)
(13 )
(14)
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-42b-
Churches;
Heliports and helistGps;
Hospitals and sanitariums;
Mini-warehouses, provided that the yard shall be completely en-
closed except for necessary openings for ingress and egress by
a fence Or wall not less than six (6) feet in height;
Mobile home sales;
Outdoor advertising structures, billboards, signboards and poster
panels shall be allowed on unimproved property provided the regula-
tions of section (part) B of Article 2 and Section 914 hereof are
met and further provided that no outdoor advertising sign shall
exceed three hundred (300) square feet of surface area;
Public utility storage or maintenance installations;
Radio and television broadcasting stations and line-of-sight
relay devices;
Recreational and amusement facilities of an outdoor nature, which
may be partially or temporarily enclosed on a seasonal basis with
approval of City Council, provided that, in the development of
such properties, safeguards are provided to preserve and protect
the existing character of adjacent properties, except that riding
academies and recreational campgrounds shall not be allowed as a
conditional use or otherwise.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
day of
, 19
;-. ~.:;--..:':-~;..~;.":~.~':~'- ,~_:....--:..:...-
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"7' ;_', .....'.~..~-. :---"....:' '-,~:'., ~~ ." ,. " ~ ... ::;: ~,h,;_ .:--::"'-~-~~.\ ,~.~ -'--': .....~.....:~.,..:'-:. "'; ._";:'
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. '. February 06 , 1984.'
. .. "';.;..'~~'
'I II
-42c-
AN ORDINANCE TO M~END AND REORDAIN
ARTICLE 2, PART 0
OF THE COMPREHENSIVE ZONING ORDIr~ANCE
PERTAINING TO PERFORMANCE STANDARDS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Article 2, Part 0, Performance Standards, of the C.Z.O. be amended
and reordained as follows:
-1
Sec. 240. Applicability - delete
oJ
Sec. 241. Noise regulation - delete
Sec. 242. Vibration regulation - delete
Adopted by the Council of the City of Virginia Beach, Virginia, on the
day of
, 19
r
84-:--,
!
,
P' '.
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,.... .~- '~j.~~;~~;~~~...:~;'-'-' . ."...... '.'- ..
. . .,;",.' ';'.;:-0 _'~ .
~...-. :_~;r7 ....~...~}.~;~~:.,..._-.. -~{;";$,~,~~':"7 '..-:7"":'''~'.~
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. ." ,:~.;. '~~\~,}.ji:.~~....:,.,~,~,:i.: ~ ~T.,' ~.'
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. . -. ,.'February 06, 1?84
- ,;;'~ - .
~. .-:
.'
-42d-
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE J, SECTION 102
OF THE COMPREHENSIVE ZONI'NG ORDINANCE
PERTAINING TO ALLOWED USES
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Article 1, Section 102, Establishment of districts and official
zoning maps, of.the C.Z.O. be amended and reordained in part as follows:
(c) Uses Allowed. In each zoning district there may be allowed
rinc; al uses, conditional uses, and accessor uses. No
use shall be allowed as a principal use in any zoning lstrict
unless in the opinion of the Zoning Administration Officer it
constitutes a principal use as provided in that district, and
if allowed, it shall be allowed by ri'ght without further permits
being required except as required by other ordinances of the
City. No use shall be allowed as a conditional use in any
zoning district unless in the opinion of the Zoning Administra-
tion Officer it constitutes a conditional use as rovided in
that district and unless a conditlonal use permit or sue use
has been granted by the City Council and remains valid in
accordance with Article II, Section C of this ordinance. No
use shall be allowed as an accessory use in any zoning district
unless in the opinion of the Zoning Administration Officer it
constitutes an accessory use as ~rovided in that district, and
if allowed, it shall be allowed by right without further permits
being required except as required by other ordinances of the City.
Definitions of terms used to describe accessory uses shall be
further limited by the definition of accessory use as 'provided
in Section 111 of this ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
day of
, 19
86.
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Feb,ruary 06, 1984'
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,
- 43 -
Item II-J. 5
PLANNING
ITEM II 21356
VICE MAYOR HENLEY PRESIDING.
Attorney Gardiner Haight represented the applicant.
Upon motion by Councilman Jennings, seconded by Councilwoman Oberndorf,
City Council ADOPTED an Ordinance closing, vacating and discontinuing
portions of Pine Street, Poplar Street, Third Street and Race Street
in the petition of RUNNYMEDE CORPORATION, subject to conditions as
outlined below:
Closure is subject to the following conditions:
1. The ultimate disposition of this right-of-way shall
be by means of purchase rather than direct conveyance
to the adjoining property owner, subject to determination
by the City Attorney's Office, and subject to compliance
within 180 days.
2. Resubdivision of the property and vacation of internal
lot lines to incorporate the closed area into adjoining
parcels, as well as to insure that all lots have access
to a public street, and subject to compliance within
180 days.
3. Dedication of a 60-foot drainage easement along the Toll
Road in accordance with a previous agreement between the
City and Aspinwall/Runnymede Corporation, and subject to
compliance within 180 days.
4. Pfevisieft-ef-B-etll-de-SBe-B~-~fte-~efmifttls-ef-RBee-S~fee~.
Hewevef,-i~-sftetlld-be-fte~ed-~ftB~-~ftis-eeftdi~ieft-mB'j-be-wBived
if-~fte-stlbseqtleft~-develepmeft~-plBft-SfteWS-~ftefe-is-fte-fteed
fef-i~. A Bond (as determined by the City Attorney) shall
be substituted in lieu of the installation of a cu1 de sac.
5. ~fte-eleStlfe-ef-~ftis-figft~-ef-WBY-SftBll-be-eeft~iftgeft~-tlpeft
eempliBftee-wi~ft-~fte-Bbeve-MB~ed-eeftdi~iefts-wi~ftift-l88-dB'jS
ef-~fte-BppfevBl-b'j-€i~'j-€etlfteil. A Bond (as determined by
the City Attorney) shall be substituted in lieu of the 180-
day provision.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley,
H. Jack Jennings, Jr., Robert G. Jones, W. H. Kitchin, III,
Reba S. McC1anan, J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech and Mayor Louis R. Jones
February 06, 1984
I I I
-43a-
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
LYNN HAVEN 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, on ____ day of
, 1983, to have the
hereinafter described streets discontinued, closed, and vacated;
and
WHEREAS, IT IS THE JUDGMENT OF THE COUNCIL that said
streets be discontinued, closed, and vacated;
NOW, THEREFORE,
SECTION I
BE IT ORDAINED by the council of the City of Virginia
Beach, Virginia, that the hereinafter described streets be
discontinued, closed, and vacated:
Pine Street beginning at the Southeast corner of Lot 20,
Block 9, on the Plat of Jacksonda1e, recorded in Map Book
55, page 24, thence North 04024'13" East a distance of
106.40 feet to a point and thence North 85004'13" East a
distance of 66.89 feet to a point and thence South 04024'13"
West a distance of 115.31 feet to a point and thence North
87016'52" West a distance of 66.03 feet to the point of
beginning. <Portion to be vacated is designated as 0.168
acre of Pine Street.)
..
Poplar Street beginning at the Southeast corner of Lot 20,
Block 10, on the Plat of Jacksonda1e, recorded in Map Book
55, page 24, thence North 04024'13" East a distance of
91.42 feet to a point and thence South 69044'32" East a
distance of 68.61 feet to a point and thence South 04024'13"
West
ADOPTED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH
ON FEBRUARY 5, 1984.
February 06, 1984
-43b-
.
a distance of 70.74 feet to a point and thence North
87016'52" West 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 Jacksonda1e, for the Rosemont
Corporation, recorded in Map Book 2, page 51, thence South
87016'52" East a distance of 151.31 feet to a point and
thence South 60030'46" East a distance of 111.02 feet to
a point and thence North 87016' 52" West a distance of
251.90 feet to a point and thence North 04024'13" East 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
75004' 59" West a distance of 26.09 feet to a point and
thence North 60030'46" West a distance of 44.55 feet to a
point and thence South 04024'13" West a distance of 66.25
feet to a point and thence South 60030'46" East a distance
of 24.13 feet to a point and thence South 75004'59" East
a distance of 44.90 feet to a point and thence North
04024'13" East 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 certain
plat showing portions of Race Street, Poplar Street, Pine Street,
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
February 06, 1984
'I II
-43c-
LAW OFFICES
FINE, FINE, LEGUM 8c FINE
LOUIS a. FINE
MORRlS H. FINE
HOWARD I. LEGUM
ANDREW S. FINE
PROFESSIONAL ASSOCIATION
720 LAW BUILDING
GRANBY AND PLUME STREETS
L.EWIS ALL.EN
JOHN R. LOMAX
GARDINER M. HAIGHT
NORFOLK, VIRGINIA 235'0
VIRGINIA BEACH OFFICE
41 4 LASKIN ROAD
VIRGINIA BEACH, VIRGINIA 23451
TELEPHONE (604) 622-6363
TELEPHONE (804) 622-6383
CERTIFICATE OF VESTING OF TITLE
I, Gardiner M. Haight, attorney for The Runnymede
Corporation, do hereby certify that:
1. I am an attorney at law and represent The Runnymede
Corporation, the petitioner.
2. If the property described below is discontinued,
closed, and vacated by the Council of the City of Virginia Beach,
Virginia, then titled to said property will vest in The Runnymede
Corporation, the Commonwealth of Virginia, Robert W. Rodgers, and
Martin L. Cornick, Jr., and Margaret Wilson Cornick, the adjacent
landowners.
3. The said property referred to herein is hereby
described as follows:
Pine Street beginning at the Southeast corner of Lot 20,
Block 9, on the Plat of Jacksondale, recorded in Map Book
55, page 24, thence North 04024'13" East a distance of
106.40 feet to a point and thence North 85004'13" East a
distance of 66.89 feet to a point and thence South 04024'13"
West a distance of 115.31 feet to a point and thence North
87016'52" West a distance of 66.03 feet to the point of
beginning. (Portion to be vacated is designated as 0.168
acre of Pine Street.)
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 04024'13" East a distance of
91.42 feet to a point and thence South 69044'32" East a
distance of 68.61 feet to a point and thence South 04024'13"
West a distance of 70.74 feet to a point and thence North
87016'52" West a distance of 66.03 feet to the point of
beginning. (Portion to be vacated is designated as 0.123
acre of Poplar Street.)
February 06, 1984
'I II
-43d-
FINE, FINE, LEGUM Be FINE
Third Street beginning at the Southwest Corner of Lot 20,
Block J, Plat of Part of Jacksonda1e, for the Rosemont
Corporation, recorded in Map Book 2, page 51, thence South
87016'52" East a distance of 151.31 feet to a point and
thence South 60030'46" East a distance of 111.02 feet to
a point and thence North 87016'52" West a distance of
251.90 feet to a point and thence North 04024'13" East a
distance of 50.02 feet to the point of beg inning. (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
75004'59" West a distance of 26.09 feet to a point and
thence North 60030'46" West a distance of 44.55 feet to a
point and thence South 04024'13" West a distance of 66.25
feet to a point and thence South 60030'46" East a distance
of 24.13 feet to a point and thence South 75004'59" East
a distance of 44.90 feet to a point and thence North
04024'13" East a distance of 61.02 feet to the point of
beginning. (Portion to be vacated is designated as 0.096
acre of Race Street.)
"
.f"
"
..-"
)
,/
(
GARDINER M.
ADOPTED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH
ON FEBRUARY 6, 1984
February 06, 1984
III
- 44 -
Item II-J. 6
PLANNING
ITEM II 21357
Upon motion by Councilwoman McC1anan, seconded by Councilman Baum, City
Council voted to allow WITHDRAWAL of an Ordinance upon application of
W. K. AND BETTY LOU WIDGEON for a Change of Zoning per the following:
ORDINANCE UPON APPLICATION OF W. K. AND BETTY
LOU WIDGEON FOR A CHANGE OF ZONING FROM AG-2
TO B-2
Ordinance upon application of W. K. and Betty
Lou Widgeon for a Change of Zoning_Di~trict
Classification from AG-2 Agricultural District
to B-2 Community-Business District on certain
property located on the north side of Holland
Road beginning at a point 7230 feet more or less
west of Princess Anne Road, running a distance
of 201.38 feet along the north side of Holland
Road, running a distance of 600 feet along the
western property line, running a distance of
200 feet more or less along the northern property
line and running a distance of 600 feet along
the eastern property line. Said parcel contains
2.76 acres more or less. PRINCESS ANNE BOROUGH.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley,
H. Jack Jennings, Jr., Robert G. Jones, W. H. Kitchin, III,
Reba S. McC1anan, J. Henry McCoy, Jr., D.D.S., and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech and Mayor Louis R. Jones
February 06, 1984
I,
- 45 -
Item II-J. 7
PLANNING
ITEM II 21358
Attorney Glenn Croshaw represented the applicant.
Upon motion by Councilwoman McC1anan, seconded by Councilwoman Creech,
City Council ADOPTED an Ordinance upon application of BANK OF VIRGINIA
BEACH for a Change of Zoning per the following:
ORDINANCE UPON APPLICATION OF BANK OF VIRGINIA
BEACH FOR A CHANGE OF ZONING FROM AG-2 TO
B-1
Z0284809
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Bank of Virginia
Beach for a Change of Zoning District Classification
from AG-2 Agricultural District to B-1 Business-
Residential District on certain property located
on the east side of North Landing Road beginning
at a point 120 feet more or less north of Courthouse
Drive, running a distance of 163 feet along the
east side of North Landing Road, running a distance
of 420 feet along the northern property line,
running a distance of 300 feet more or less along
the eastern property line, running a distance
of 140 feet in a northwesterly direction, running
a distance of 150 feet more or less in a northeasterly
direction and running a distance of 228.2 feet in a
northwesterly direction. Said parcel is located at
2429 North Landing Road and contains 2.1 acres.
PRINCESS ANNE BOROUGH.
Prior to the changing of the official zoning maps, the following will be
required:
1. Dedication of right-of-way for the extension of Courthouse
Drive as per the Master Street and Highway Plan and the
Courthouse Circulation Plan on file with the Department of
Public Works/Engineering.
The following condition will be met:
1: Compliance and review of the Historical Review Board.
This Ordinance shall be effective the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Sixth day of February, Nineteen Hundred and Eighty-Four.
February 06, 1984
'I II
- 46 -
Item II-J.7
PLANNING ITEM # 21358 (continued)
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. McC1anan,
J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
February 06, 1984
- 47 -
Item II-J. 8
PLANNING
ITEM II 21359
Attorney James Evans represented the applicant.
Upon motion by Councilwoman McC1anan, seconded by Councilwoman Oberndorf,
City Council ADOPTED an Ordinance upon application of BERNARD KROLL AND
ALBERT A. KROLL for a Change of Zoning per the following:
ORDINANCE UPON APPLICATION OF BERNARD KROLL AND
ALBERT A. KROLL FOR A CHANGE OF ZONING FROM
A-1 TO B-2
Z0284810
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Bernard Kroll and
Albert A. Kroll for a Change of Zoning District
Classification from A-1 Apartment District to
B-2 Community-Business District on parcels located
on the east side of Holland Road.
Parcell: Located on the south side of Holland
Road beginning at a point 315 feet south of Lynnhaven
Parkway, running a distance of 287.32 feet along
the east side of Holland Road, running a distance
of 506.41 feet in a northeasterly direction,
running a distance of 103.26 feet in a northwesterly
direction, running a distance of 120 feet more
or less in a northerly direction, running a distance
of 175 feet more or less in a southwesterly direction,
running a distance of 330 feet more or less in
a southerly direction, running a distance of
70 feet in a northwesterly direction and running
a distance of 50 feet in a southwesterly direction.
Parcel 2: Located 650 feet more or less east
of Holland Road beginning at a point 250 feet
more or less south of Lynnhaven Parkway, running
a distance of 750 feet more or less in a northeasterly
direction, running a distance of 75 feet in a
southeasterly direction, running a distance of
750 feet more or less in a southwesterly direction
and running a distance of 75 feet in a northwesterly
direction.
Said parcels contain 4.1 acres. PRINCESS M~NE
BOROUGH.
This Ordinance shall be effective the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Sixth day of February, Nineteen Hundred and Eighty-Four.
February 06, 1984
- 48 -
Item II-J.8
PLANNING ITEM II 21359 (continued)
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. McC1anan,
J. Henry HcCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
*Verba1 aye.
February 06, 1984
- 49 -
Item II-J. 9
PLANNING
ITEM II 21360
Attorney Gary Arsenault represented the applicant.
Upon motion by Councilwoman McC1anan, seconded by Councilwoman
City Council ADOPTED an Ordinance upon application of JAMES G.
for a Change of Zoning per the following:
Oberndorf,
GAYLORD
ORDINANCE UPON APPLICATION OF JAMES G. GAYLORD
FOR A CHANGE OF ZONING FROM A-1 TO 0-1
Z0284811
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of James G. Gaylord
for a Change of Zoning District Classification
from A-I Apartment District to 0-1 Office District
on property located at the northwest corner of
Rosemont Road and Bancroft Avenue on Lots 31-
36, Block 22, Pecan Gardens. Said parcel contains
18,164 square feet. PRINCESS ANNE BOROUGH.
Prior to the changing of the official zoning maps, the following conditions
will be met:
1. Resubdivision of the property and vacation of internal lot
lines to avoid the creation of nonconforming lots.
2. A five-foot dedication along the frontage on Rosemont Road,
45 feet from the centerline of the existing 80-foot right-of-"7ay
to provide for an ultimate 90-foot right-of-way as per the
Master Street and Highway Plan.
This Ordinance shall be effective the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Sixth day of February, Nineteen Hundred and Eighty--Four.
Voting: 9- 2
Council Members Voting Aye:
John A. Baum, Nancy A. Creech,* Harold Heischober,*
H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G.
Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S.
Council Members Voting Nay:
Vice Mayor Barbara M. Henley and Meyera E. Oberndorf
Council Members Absent:
None
*Verba1 aye.
February 06, 1984
'I II
- 50 -
Item II -J . 10
PLANNING
ITEM II 21361
Attorney Grover Wright represented the applicant.
Stephen Lassiter, Rosemont Forest Civic League, spoke in favor of the
application.
This item was deferred for one week on January 16, 1984, and for an addi-
tional two weeks (at the request of the applicant) on January 23, 1984.
Upon motion by Councilman McCoy, seconded by Councilwoman Creech, City
Council ADOPTED an Ordinance upon application of R. G. MOORE for a Change
of Zoning per the following:
ORDINANCE UPON APPLICATION OF R. G. MOORE FOR
A CHANGE OF ZONING FROM R-5 TO A-1
Z0284812
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of R. G. Moore for a
Change of Zoning District Classification from R-5
Residential District to A-1 Apartment District on
certain property located on the east side of Indian
River Road beginning at a point 2700 feet more or less
south of Lynnhaven Parkway, running a distance of 306.12
feet along the east side of Indian River Road, running
a distance of 2128.20 feet along the southern property
line, running a distance of 771.88 feet along the eastern
property line and running a distance of 2217.13 feet
along the northern property line. Said parcel contains
23.7 acres. 'KEMPSVILLE BOROUGH.
As a condition of the rezoning, the following is required:
1. The applicant voluntarily agreed to restrict development to a
total of 186 units.
This Ordinance shall be effective the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Sixth day of February, Nineteen Hundred and Eighty-Four.
Voting: 7-4
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, H. Jack
Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, and
J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
Vice Mayor Barbara M. Henley, W. H. Kitchin, III, Reba S.
McC1anan and Meyera E. Oberndorf
Council Members Absent:
None
February 06, 1984
- 51 -
Item II-J.11
PLANNING
ITEM # 21362
Attorney Grover Wright represented the applicant.
Upon motion by Councilwoman McC1anan, seconded by Councilwoman Oberndorf,
City Council ADOPTED Ordinances upon application of R. G. MOORE for
Changes of Zoning per the following:
ORDINANCE UPON APPLICATION OF R. G. MOORE FOR
A CHANGE OF ZONING FROM AG-1 TO R-6
Z0284813
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of R. G. Moore for
a Change of Zoning District Classification from
AG-1 Agricultural District to R-6 Residential
District on certain property located 590 feet
south of Culver Lane beginning at a point 1065
feet east of Oceana Boulevard, running a distance
of 647 feet along the western property line,
running a distance of 1704.30 feet along the
southern property line, running a distance of
1861.29 feet along the eastern property line,
running a distance of 635 feet along the northern
property line, running a distance of 942 feet
in a southwesterly direction and running a distance
of 895 feet in a northwesterly direction. Said
parcel contains 47.5 acres. PRINCESS ANtI:E BOROUGH.
AND,
ORDINANCE UPON APPLICATION OF R. G. MOORE FOR
A CHANGE OF ZONING FROM AG-2 TO R-6
Z0284814
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of R. G. Moore for
a Change of Zoning District Classification from
AG-2 Agricultural District to R-6 Residential
District on certain property located on the south
side of Culver Lane beginning at a point 1065
feet east of Oceana Boulevard, running a distance
of 1303.37 feet along the south side of Culver
Lane, running a distance of 942 feet in a. southwesterly
direction, running a distance of 895 feet along
the southern property line and running a distance
of 590 feet along the western property line.
Said parcel contains 17.9 acres. PRINCESS ANNE
BOROUGH.
Prior to the changing of the official zoning maps, the following will be
required:
l. A variable width dedication of right-of-way along the frontage
on Culver Lane, 45 feet from the centerline of the existing
variable width right-of-way to provide for an ultimate 90-foot
connector road between Oceana Boulevard and Dam Neck Road as
per the Master Street and Highway Plan.
February 06, 1984
I I
- 52 -
Item II-J.11
PLANNING
ITEM II 21362 (continued)
These Ordinances will be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Sixth day of February, 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. McC1anan,
J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
February 06, 1984
- 53 -
Item II-J .12
PLANNING
ITEM II 21363
Attorney Robert Cromwell represented the applicant"
Upon motion by Councilwoman McC1anan, seconded by Councilman Heischober,
City Council ADOPTED Ordinances upon application of LANDSTOWN MEADOWS
ASSOCIATES for Changes of Zoning per the follmving::
ORDINANCE UPON APPLICATION OF LANDSTOWN ]~EADOWS
ASSOCIATES FOR A CHANGE OF ZONING FROM AG-1 TO
R-8
Z0284815
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Landstown Headows
Associates for a Change of Zoning District
Classification from AG-1 Agricultural District
to R-8 Residential District on parcels located
on the west side of Holland Road.
Parcell: Located 600 feet west of Holland Road
beginning at a point 4950 feet south of l,andstown
Road, running a distance of 475.8 feet along
northern property line, running a distance of
454.16 feet in a southeasterly direction, running
a distance of 180.85 feet in a westerly direction,
running a distance of 182.82 feet in a southwesterly
direction, running a distance of 738 feet along
the southern property line and running a distance
of 770 feet along the eastern property line.
Parcel 2: Located 2700 feet more or less west
of Holland Road beginning at a point 6100 feet
more or less south of Landstown Road, running
a distance of 735 feet along the northern property
line, running a distance of 519 feet along the
western property line, running a distance of
240 feet in a southeasterly direction, running
a distance of 565 feet along the southern property
line and running a distance of 633 feet along
the eastern property line.
Said parcels contain 18.03 acres. PRINCESS ANNE
BOROUGH.
AND,
February 06, 1984
-54-
Item II-J .12
PLANNING
ITEM II 21363 (continued)
ORDINANCE UPON APPLICATION OF LANDSTOWN HEADOWS
ASSOCIATES FOR A CHANGE OF ZONING FROM AG-2 TO
R-8
Z0284816
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Landstown Meadows
Associates for a Change of Zoning District
Classification from AG-2 Agricultural District
to R-8 Residential District on parcels located
on the west side of Holland Road.
Parcell: Located on the west side of Holland
Road beginning at a point 4950 feet south of
Landstown Road, running a distance of 1174.38
feet along the west side of Holland Road, running
a distance of 867 feet along the southern property
line, running a distance of 770 feet along the
western property line and running a distance
of 600 feet along the northern property line.
Parcel 2: Located 3676 feet more or less west
of Holland Road beginning at a point 6700 feet
more or less south of Landstown Road, running
a distance of 200 feet along the southern property
line, running a distance of 135 feet along the
western property line and running a distance
of 240 feet in a southeasterly direction.
Said parcels contain 14.97 acres. PRINCESS ANNE
BOROUGH.
AND,
February 06, 1984
- 55 -
Item II -J .12
PLANNING
ITEM II 21363 (continued)
ORDINANCE UPON APPLICATION OF LANDS TOWN HEADOWS
ASSOCIATES FOR A CHANGE OF ZONING FROM R-g TO
PD-H2
Z0284817
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Landstown Meadows
Associates for a Change of Zoning Distric~~
Classification from R-8 Residential District
to PD-H2 Planned Unit Development District on
parcels located on the west side of Holland Road.
Parcell: Located on the west side of Holland
Road beginning at a point 4950 feet south of
Lands town Road, running a dis tance of 117 Lf. 38
feet along the west side of Holland Road, running
a distance of 1605.00 feet along the southern
property line, running a distance of 182.53 feet
in a northerly direction, running a distance
of 180.8 feet in an easterly direction, running
a distance of 545.16 feet in a northwesterly
direction and running a distance of 1075.8 feet
along the northern property line.
Parcel 2: Located 2700 feet more or less west
of Holland Road beginning at a point 6100 feet
more or less south of Landstown Road, running
a distance of 735 feet along the northern property
line, running a distance of 654 feet along the
western property line, running a distance of
765 feet along the southern property line and
running a distance of 633 feet along the eastern
property line.
Said parcels contain 33 acres. PRINCESS P~NE
BOROUGH.
Prior to the changing of the official zoning maps, the following condition
will be met:
l. A 15-foot dedication along the frontage on Holland Road, 30 feet
from the centerline of the old 30-foot right-of-way to provide
for a standard 60-foot right-of-way.
February 06, 1984
- 56 -
Item II-J.12
PLANNING
ITEM II 21363 (continued)
These Ordinances shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Sixth day of February, Nineteen Hundred and Eighty-Four.
Voting: 9-2
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G.
Jones, W. H. Kitchin, III, Reba S. McC1anan, 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
February 06, 1984
- 57 -
Item II -J .13
PLANNING
ITEM II 21364
Attorney Grover Wright represented the applicant.
Upon motion by Councilwoman McC1anan, seconded by Councilwoman Creech, City
Council ADOPTED an Ordinance upon application of WARNIE E. AND NITA F. CONLEY
for a Conditional Use Permit for mini-warehouses pl~r the following:
ORDINANCE UPON APPLICATION OF WARNIE E. AND NITA
F. CONLEY FOR A CONDITIONAL USE PERMIT FOR MINI-
WAREHOUSES
R0284606
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Warnie E. and Nita
F. Conley for a Conditional Use Permit for mini-
warehouses on certain property located on the
west side of Holland Road beginning at a point
652 feet north of Shipp's Corner Road, running
a distance of 166.7 feet along the west side
of Holland Road, running a distance of 1471.57
feet along the northern property line, running
a distance of 170.39 feet along the western property
line and running a distance of 1356.16 feet along
the southern property line. Said parcel contains
4.915 acres. PRINCESS ANNE BOROUGH.
The following conditions apply:
1. All lighting is to be directed to the interior of the site and
shielded from adjacent properties.
2. A six-foot solid privacy fence shall enclose the storage area.
3. Dedication of that portion of the proposed right-of-way for
Holland Road in accordance with plans on file in the City
Engineer's Office.
4. Dedication of that portion of proposed Canal No. 4 easement as
set forth in the alignment on file with the City Engineer's
Office.
This Ordinance shall be effective the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Sixth day of February, Nineteen Hundred and Eighty--Four.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Vice Mayor Barbara M. Henley,
H. Jack Jennings, Jr., Mayor Louis R. Jones, W. H. Kitchin, III,
Reba S. McC1anan, J. Henry HcCoy, Jr., D.D.S., Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober and Robert G. Jones
February 06, 1984
III
- 58 -
Item II-J.14
PLANNING
ITEM II 21365
Michael Inman represented the applicant and presented a map depicting the
site location.
In favor:
Father James Dorson, Church of the Holy Family; and, Chairman, Mother Seton
House, Inc.
Father Michael Hanna, Saint Nicholas Parrish
Mary Ellen Cox, member of Saint Nicholas Parrish Council (read a letter from
Richard Annex)
In opposition:
Robert Garrett, resident of Kings Grant
Upon motion by Councilman Jennings, seconded by Councilwoman Oberndorf, City
Council ADOPTED an Ordinance upon application of MOTHER SETON HOUSE, INC.
for a Conditional Use Permit per the following:
ORDINANCE UPON APPLICATION OF MOTHER SETON HOUSE,
INC. FOR A CONDITIONAL USE PERMIT FOR A CHILDREN'S
GROUP HOME
R0284607
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Mother Seton House,
Inc. for a Conditional Use Permit for a children's
group home on certain property located on the
southeast corner of North Lynnhaven Road and
Little Neck Road, running a distance of 602.24
feet along the south side of Little Neck Road,
running a distance of 640 feet along the eastern
property line, running a distance of 898 feet
more or less along the southern property line,
running a distance of 425.15 feet along the east
side of North Lynnhaven Road and running around
a curve in a northeasterly direction a distance
of 275.74 feet. Said parcel contains 12.458
acres. LYNNHAVEN BOROUGH.
The following conditions apply:
1. Installation of automatic sprinkler and fire alarm systems
meeting the approval of the Fire Protection Engineer.
2. Limitation of twenty children, each to be housed for a
maximum of two weeks.
3. There shall be no construction of new buildings on the site
for the use authorized by this Conditional Use Permit.
This Ordinance shall be effective the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Sixth day of February, Nineteen Hundred and Eighty-Four.
February 06, 1984
- 59 ~
Item II-J.14
PLANNING ITEM II 21365 (continued)
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. McC1anan,
J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
February 06, 1984
- 60 -
Item II-K.1
UNFINISHED BUSINESS
ITEM II 21366
By consensus, City Council will consider the matter of Automated Office
Systems on February 13, 1984.
February 06, 1984
- 61 -
Item II-L.1
NEW BUSINESS
ITEM II 21367
John Swanberg represented the applicant.
The City Clerk called Council's attention to a letter dated January 31,
1984 from Charlemagne Associates, Inc. which was sent to all Council
Members (said letter is hereby made a part of the record).
Upon motion of Councilman Jennings, seconded by Councilwoman Oberndorf,
City Council DEFERRED, for thirty days (to March 12, 1984), for a
deed ~ easement, the encroachment request of CHARLEMAGNE ASSOCIATES, INC.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Hayor
Barbara M. Henley, H. Jack Jennings, Jr.,. Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, III, Reba S. McC1anan,
J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
February 06, 1984
- 62 -
Item II-L.2
NEW BUSINESS
ITEH II 21368
Attorney Grover Wright represented the applicant.
Upon motion by Councilman Jennings, seconded by Councilwoman Oberndorf,
City Council ACCEPTED the applicant's agreement, as stated below, in
the matter of extension of water line requirements for EAGLE'S NEST.
AGREEHENT:
Eagle's Nest shall provide a Bond secured by an appropriate Surety, for
a 10-year period, in an amount equivalent to 100% of the cost of the
water line extension, to be determined by the City Attorney.
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. McC1anan,
J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
February 06, 1984
- 63 -
Item II-M.1
ADJOURNMENT
ITEM II 21369
By consensus, City Council adjourned the meeting at Five-Thirty in the
afternoon.
/
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Jban M. Kei th ~_
j/Jeputy City Clerk ~~~
~~(XLl!J. ~
Vice Mayor Barbara M. He ey
~~~-
th Hodges mith, CMC
City Clerk
City of Virginia Beach
Virginia
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February 06, 1984