OCTOBER 28, 1985 MINUTES City of Virgiriia Beach
"WORLD'S LARGEST RESORT CITY"
G1r1tA BFq`�
CITY COUNCIL �r~4`u .`e— 6p
lirr
MAYOR HAROLD HEISCHOBER,At Large
VICE-MAYOR REBA S.McCLANAN,Princess Anne Borough E-r `lam t
JOHN A.BAUM.Blackwater Borough V • ,,,
NANCY A.CREECH,At Large
ROBERT E.FENTRESS, Virginia Beach Borough * *
BARBARA M.HENLEY.Pungo Borough
H.JACK JENNINGS,JR..Lynnhaven Borough ` - r j
LOUIS R.JONES,Bayside Borough 9Pps ,�.1
ROBERT G.JONES,At Large OUR NAIL,"'
J. HENRY MCCOY,JR..Kempsville Borough
MEYERA E.OBERNDORF,At Large
281 CITY HALL BUILDING
RUTH HODGES SMITH. CMG',City Clerk CITY COUNCIL AGENDA MUNICIPAL CENTER
VIRGINIA BEACH. VIRGINIA 234564002
18041427.4308
October 28, 1985
Virginia Beach City Council
WORKSHOP Conference Room - 4:30 PM
1986 LEGISLATIVE PACKAGE
ITEM I. MEETING OF VIRGINIA BEACH CITY COUNCIL - Conference Room - 5:30 PM
A. CALL TO ORDER - Mayor Harold Heischober
B. ROLL CALL OF COUNCIL
C. MOTION TO RECESS INTO EXECUTIVE SESSION
ITEM II. REGULAR SESSION OF VIRGINIA BEACH CITY COUNCIL - Council Chambers - 7 PM
A. INVOCATION: Pastor Roy Wilson
Church of Christ of Virginia Beach
B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
C. ELECTRONIC ROLL CALL OF CITY COUNCIL
D. CITY MANAGER'S ADMINISTRATIVE ITEMS
1. Review of Consent Agenda
E. MAYOR/COUNCIL - DISCUSSION OF PERTINENT MATTERS
F. PROCLAMATIONS
1. Hospice Month - November 1985
G. PRESENTATIONS
H. MINUTES
1. Motion to accept/approve the Minutes of October 21, 1985.
I. PLANNING
1. Ordinance for the discontinuance, closure, and abandonment
of the eastern portion of South Kentucky Avenue in the
petition of DeFord, Ltd. (Kempsville Borough).
Recommendation: APPROVAL
2. Ordinance for the discontinuance, closure and abandonment of
the portion of Old Providence Road in the petition of
Providence Mennonite Church (Kempsville Borough).
Recommendation: APPROVAL
3. Ordinance for the discontinuance, closure and abandonment of
the portion of Old Norfolk-Virginia Beach Road in the
petition of Maureen M. Mottolese (Lynnhaven Borough).
Recommendation: APPROVAL
4. Application of Quality Investments, a Virginia General
Partnership, for a change of zoning from A-4 Apartment
District to B-4 Resort-Commercial District on a 14,000-
square foot parcel located on the northeast corner of 15th
Street and Arctic Avenue (Virginia Beach Borough).
Recommendation: APPROVAL
5. Application of Horizon Investment Company for changes of
zoning on the east side of South Lynnhaven Road, south of
Silina Drive (Lynnhaven Borough):
From B-1 Business-Residential District to A-2 Apartment
District on a 9.54-acre parcel
AND,
From B-2 Community-Business District to A-2 Apartment
District on a 33,976.8-square foot parcel.
Recommendation: APPROVAL
6. Application of Robert A. and Marie T. Smith for a change of
zoning from R-8 Residential District to 0-1 Office District
on a 22,500-square foot parcel located on the east side of
Morrison Avenue, south of Ansol Lane (Lynnhaven Borough).
Recommendation: APPROVAL
7. Application of James R. and Olive G. Browning for a
conditional use permit for a marina, including facilities
for storage and repair of boats and sale of boating supplies
and fuel on parcels containing 27,292 square feet, more or
less, and located on the north side of Laskin Road, west of
Holly Road (Virginia Beach Borough).
Recommendation: APPROVAL
8. Ordinance to amend and reordain Article 1, Section 111 of
the Comprehensive Zoning Ordinance pertaining to the
definition of family.
Recommendation: APPROVAL
9. Ordinance to amend and reordain Article 2, Section 203 of
the Comprehensive Zoning Ordinance pertaining to off-street
parking requirements.
Recommendation: APPROVAL
J. RESOLUTION
Resolution to adopt the 1986 Legislative Package
K. ORDINANCE
Ordinance to Amend and Reordain Section 23-47 of the Code of
Virginia Beach, Virginia, pertaining to Loud, Disturbing and
Unnecessary Noise
L. CONSENT AGENDA
All matters listed under the Consent Agenda are considered in
the ordinary course of business by City Council and will be
enacted by one motion in the form listed. If an item is removed
from the Consent Agenda, it will be discussed and voted upon
separately.
1. Ordinance to transfer $75,751 of Capital Projects Funds to
establish a water project for Lynnhaven Parkway/Rosemont
Forest for a Cost Participation Agreement with R. G. Moore
Building Corporation.
2. Ordinance appointing Viewers in the petition of David
Hillquist for the closure of a portion of an alley between
4th and 5th Streets.
3. Ordinance appointing Viewers in the petition of Gordon
Rudolph for the closure of a portion of Pennsylvania Avenue.
4. Raffle Permits:
Joy Fund Charity Bowl
Princess Anne High School ROTC
5. Request of the City Treasurer for tax refunds in the amount
of $542.84.
M. APPOINTMENTS
1. Board of Building Code Appeals
2. Hampton Roads Air Pollution Control District Commission
3. Historical Review Board
4. Housing Board of Appeals
5. Transportation Safety Commission
N. UNFINISHED BUSINESS
0. NEW BUSINESS
1. Open Air Cafe Regulations: Briefing by Mr. Michael J.
Barrett
P. ADJOURNMENT
CAPITAL IMPROVEMENT PROGRAM
SCHEDULE
DATE EVENT LOCATION
MONDAY, NOVEMBER 4 INITIAL PRESENTATION/OVERVIEW COUNCIL CHAMBERS
2:00 PM
THURSDAY, NOVEMBER 7 WORKSHOP CONFERENCE ROOM
7:00 - 10:00 PM
TUESDAY, NOVEMBER 12 PUBLIC HEARING PAVILION
7:00 PM
MONDAY, NOVEMBER 18 WORKSHOP/RECONCILIATION CONFERENCE ROOM
10:00 AM - NOON
MONDAY, NOVEMBER 18 1. PUBLIC HEARING COUNCIL CHAMBERS
2:00 PM (REVENUE SHARING)
2. FIRST READING
MONDAY, NOVEMBER 25 FINAL ACTION COUNCIL CHAMBERS
7:00 PM BY SECOND READING
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MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
WORKSHOP
1986 LEGISLATIVE PACKAGE
28 October 1985
4:30 P.M.
The WORKSHOP was called to order by Mayor Harold Heischober in the
Conference Room on October 28, 1985, at 4:30 P.M.
The Deputy City Manager introduced Robert Matthias, the City's Legislative
Liaison. The SOUTHEASTERN VIRGINIA PLANNING DISTRICT COMMISSION TASK FORCE
has developed a paper detailing the extent of the highway needs and funding
shortfall. The Task Force concluded that a 4 percent additional tax on
motor vehicle fuel sales at the retail level would be the recommended
strategy for meeting a portion of the shortfall. Robert Matthias
distributed information from Arthur L. Collins, Executive Director, SVPDC
Task Force on Highway Funding. (Said information is hereby made a part of
the record). This would generate approximatley $140 MILION per year. If
that entire amount were used for debt service, it could retire a bond of
approximatey $1,374,000,000 which is much larger than previous discussions.
TABLE 1 indicates Urban, Primary, and Secondary Construction Needs,
Allocations, and Shortfall through 1991.
TABLE 2 illustrates:
Statewide Annual Highway Fuel Consumption $3,000,000,000
Approximate Retail Price Per Gallon $1.15
Approximate Annual Highway Fuel Sales $3,500,000,000
Resultant Annual 4% Sales Tax Revenue $ 140,000,000
Resultant Bond @ 8% for 20 years $1,374,500,000.
TABLE 3 indicated the FY-86 Share of Non-Interstate Construction, Projected
Share of Bond (Millions) , and Percent of Six Year Shortfall.
If they sold the entire bond, we would acquire approximately $52 MILLION.
Councilman Jennings wished to confer with representatives of the
SOUTHEASTERN VIRGINIA PLANNING DISTRICT COMMISSION and Councilman McCoy
wishes to speak with the Legislators.
City Council will discuss at the WORKSHOP of November 4, 1985,
Regional/Local Option as well as comparisons in the LEGISLATIVE PACKAGE AND
the SVPDC's recommendations.
Mr. Matthias referenced the other side of the "DILLON RULE" as per the
request of Councilman Jennings. If the General Asembly were to even
consider changing the "DILLON'S RULE", a member of the General Assembly
could best provide this information. The City must go to the General
Assembly to acquire enabling legislation for almost anything the City
accomplishes.
WORKSHOP
(Continued)
Mr. Matthias referenced the item concerning MILING AND MILLING OF URANIUM.
City will request a complete BAN of Uranium Mining. Councilwoman Oberndorf
introduced a RESOLUTION concerning same.
Councilwoman Henley referenced legislation requiring improvements to
Highways adjacent to subdivisions and inquired as to it's deletion from the
LEGISLATIVE PACKAGE. The Virginia Municipal League has this in their
LEGISLATIVE PACKAGE. The City Staff will weave into the verbage of
INCREASED HIGHWAY CONSTRUCTION AND MAINTENANCE the concern of highway
improvements adjacent to subdivisons.
Mayor Heischober referenced ALTERED SUSPENSION SYSTEMS ON TRUCKS and
requested a change in wording:
The General Assembly should amend the Code of
Virginia to prohibit the addition of lift blocks,
spacers, or other ride-height altering devices of
the front and rear suspension systems of all
motor vehichles as defined in Section 46.1-1 of
the Code of Virginia.
Mayor Heischober also rferenced HALUING OF MATERIALS ON HIGHWAYS. Council
agreed the words "or debris" should be added to the sentence: 'The General
Assembly should amend Section 46.1-303 of the Code of Virginia to require
that any vehicles operated or moved on a highway in which sand, gravel,
stone or debris is hauled.
Coucil disucssed PROBATIONER BEEPERS. There will be further discussion
concerning inclusion of this particular item in the Legislative Package.
Councilman Jennings referenced this is just a STUDY. It is costing the
taxpayer approximatley $30,000 to $40,000 s year for every prisoner in the
State Penal System.
Councilman Robert Jones referenced PARCEL INDENTIFICATION NUMBER and his
conversation with the Clerk of the Circuit Court, Curtis Fruit.
Mr. Matthias referenced the ADDITION to the LEGISLATIVE PACKAGE of ITEM N:
THE SOUTHEASTERN FREEWAY. The General Assembly should authorize the
Virginia Department of Highways and Transportation to study the feasibility
of construction of the Sutheastern Expressway as a toll facility. Council
wished the Southeastern Expressway to be listed as multi-laned rather than
four-lane. Councilman Jennings requested the concept of an ELEVATED EXPRESS
LANES ONLY be included as a companion study in this particular Legislative
Item.
Mr. Matthias indicated the Council could support the VIRGINIA MUNICIPAL
LEAGUE position with reference to the "BOTTLE BILL".
The Mayor requested the VIRGINIA BEACH ARTS CENTER should be rephrased.
The City's $1.5 MILLION is established as a "matching" fund pending the
State's grants.
Mr. Matthias introduced Patti Phillips, Director of Research. Mrs.
Phillips prepard a BRIEFING PAPER on the CITY'S GENERAL OBLIGATION BONDING
AUTHORITY CAP and Charts indicating the following:
CHARTER BONDS AUTHORIZED -- CURRENT CHARTER
BONDS AUTHORIZED -- PROPOSED CHARTER
PER CAPITA BONDS AUTHORIZED -- CURRENT
PER CAPITA BONDS AUTHORIZED -- PROPOSED
SUMMARY OF LEGAL DEBT MARGIN - CURRENT
SUMMARY OF LEGAL DEBT MARGIN - PROPOSED
October 28, 1985
WORKSHOP
(Continued)
A $10 MILLION Annual CAP on new debt may well have been adequate and
reasonable in 1974. As the City approaches 1986, the $10 MILLLION CAP
should be seen, as no longer in the City's best interest.
The $6.5 MILLION in Revenue Sharing will not be available after October 1,
1986.
The PROPOSED CHARTER BOND CHART, as exemplified, would give the City about
$44 MILLION in Spending Authority in 1991 and approximately $15.8 MILLION
of spending power in "1974 dollars".
Staff recommended:
1. A one-time adjustment in the CAP by Charter change to reflect a
purchasing power comparable to $10 MILLIION in 1974. No local
referendum would be required to make the adjustment effective.
2. A charter change to allow annual adjustments in the authorized
amount reflecting the previous year's change in the Consumer
Price Index. Staff believes these changes should be enacted in
the 1986 LEGISLATIVE SESSION to apply to all bonds sold after
July 1, 1986.
Staff will provide additional information advising if the General Assembly
would give the City authority to raise the Charter Law Based on REFERENDUM.
The General Assembly does prefer to have final say on Charter Changes.
City Council will not ADOPT the 1986 LEGISLATIVE PACKAGE on October 28,
1985. An additional WORKSHOP will be scheduled for November 4, 1985.
October 28, 1985
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MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
October 28, 1985
The Regular Meeting of the Council of the City of Virginia Beach, Virginia,
was called to order by Mayor Heischober in the Conference Room, City Hall
Building, on Monday, October 28, 1985, at 6:15 p.m.
Council Members Present:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr. , Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr. , D.D.S. ,and Meyera E. Oberndorf
Council Members Absent:
None
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ITEM 11 24415
Mayor Heischober entertained a motion to permit Council to conduct its
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. 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.
3. LEGAL MATTERS: Consultation with legal counsel or briefings by
staff members, consultants or attorneys, pertaining to actual or
potential litigation, or other legal mattters within the
jurisdiction of the public body.
Upon motion by Councilman Jennings, seconded by Councilman Robert G. Jones,
City Council voted to proceed into the EXECUTIVE SESSION.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr. , Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr. , D.D.S. , and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
October 28, 1985
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REGULAR SESSION
VIRGINIA BEACH CITY COUNCIL
October 28, 1985
7:18 p.m.
Mayor Heischober called to order the Regular Session of the Virginia Beach
City Council in the Council Chambers, City Hall Building, on Monday,
October 28, 1985, at 7:18 p.m.
Council Members Present:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr. , Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr. , D.D.S. ,and Meyera E. Oberndorf
Council Members Absent:
None
INVOCATION: Reverend Roy R. Wilson
Church of Christ of Virginia Beach
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Councilman Louis Jones left due to illness
October 28, 1985
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CITY MANAGER'S ADMINISTRATIVE ITEMS
Item II-D.1
CONSENT AGENDA ITEM i/ 24416
Councilwoman Creech referenced an Ordinance to transfer $75,751 of Capital
Project funds to establish a water project for Lynnhaven Parkway/Rosemont
Forest for a Cost Participation Agreement with R. G. Moore Building
Corporation (See Item II-L.1 of the Consent Agenda). Councilwoman Creech
advised she will VERBALLY ABSTAIN on this item.
Councilwoman Oberndorf also referenced this item and requested Staff
provide information as to the amount of area actually covered in this
Ordinance.
Item II-D.2
CONSENT AGENDA ITEM # 24417
The City Clerk referenced an Ordinance appointing Viewers in the petition
of Gordon Rudolph for the closure of a portion of Pennsylvania Avenue (See
Item II-L.3 of the Consent Agenda).
The City Council will instruct the City Clerk to SCHEDULE the Change of
Zoning application and the Street Closure Petition in behalf of GORDON
RUDOLPH for November 18, 1985.
October 28, 1985
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MAYOR/COUNCIL - DISCUSSION OF PERTINENT MATTERS
Item II-E.1 ITEM // 24418
Mayor Heischober referenced the Resolution to adopt the 1986 LEGISLATIVE
PACKAGE will be RESCHEDULED. (See Item II-J under RESOLUTIONS).
October 28, 1985
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Item II-F.1
PRESENTATIONS ITEM 1/ 24419
Mayor Heischober PROCLAIMED the month of November 1985 as:
HOSPICE MONTH
The following ACCEPTED this PROCLAMATION:
Members of the Board of Directors:
Vincent J. Speckhart, M.D. , President
Donald A. Dahlman, Vice President
Ruth H. Smith, Secretary-Treasurer
Jeanne Riddle, Administrator-Consultant
Naomi Warder
Frances S. Elrod
This PROCLAMATION recognized and supported HOSPICE care as a humane
response to the needs of ther terminally ill and as a viable component of
the health care system in our community.
October 28, 1985
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Item II-F.2
PRESENTATIONS ITEM 124420
Vice Mayor McClanan presented a RESOLUTION IN RECOGNITION to:
THERESA NORTHROP
This Resolution recognized an unselfish, tireless and dedicated public
servant whose vision has expanded our horizons and whose efforts will unite
families in our City as well as throughout America.
October 28, 1985
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Item II-F.3
PRESENTATIONS ITEM // 24421
Gene Luke, Publicity Chairman of the Bowling Association, presented the
TIDEWATER MAYOR'S BOWLING TROPHY to Councilman J. Henry McCoy, Jr. , D.D.S.
on behalf of the City of Virginia Beach.
October 28, 1985
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Item II-F.4
ANNOUNCEMENT ITEM II 24422
Councilwoman Henley recognized the Birthday of Mrs. Effie Munden on
Wednesday, October 30, 1985.
Mrs. Munden is 103 years old.
The City Council extended their Best Wishes and appreciation for her
contributions and life-long residency in Princess Anne County and Virginia
Beach. She is still an active and contributing citizen to the City.
October 28, 1985
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Item II-H.1
MINUTES ITEM II 24423
Upon motion by Councilman Fentress, seconded by Councilman Baum, City
Council APPROVED the Minutes of October 21, 1985.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Mayor Harold Heischober,
Barbara M. Henley, H. Jack Jennings, Jr. , Robert G. Jones, Vice
Mayor Reba S. McClanan, J. Henry McCoy, Jr. , D.D.S. , and Meyera
E. Oberndorf
Council Members Voting Nay:
None
Council Members Abstaining:
Nancy A. Creech
Council Members Absent:
Louis R. Jones
October 28, 1985
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Item II-I.1
PLANNING ITEM # 24424
Attorney Grover Wright represented the application
Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City
Council APPROVED, subject to FINAL APPROVAL in 180 days, an Ordinance upon
application of DEFORD, LTD. for the discontinuance, closure and abandonment
of the eastern portion of South Kentucky Avenue.
Application of DeFord, Limited for the
discontinuance, closure and abandonment of the
eastern portion of South Kentucky Avenue
beginning at the northern boundary of Bonney Road
and running in a northerly direction a distance
of 290.28 feet. Said parcel is variable in width
and contains 12,632.4 square feet. KEMPSVILLE
BOROUGH.
The following conditions shall be required:
1. The ultimate disposition of this right-of-way shall be by
purchase rather than direct conveyance, subject to determination
by the City Attorney's Office.
2. Dedication of a variable width utility easement over the portion
of the 10-inch sewer force main located in the area proposed for
closure.
4. Resubdivision of the property to incorporate the closed area into
adjoining parcels to insure that all lots have access to a public
street.
5. Closure of this right-of-way shall be contingent upon the
compliance with the above stated conditions within 180 days of
the approval by City Council.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr. , Robert G.
Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr. , D.D.S. ,
and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Louis R. Jones
October 28, 1985
CITY OF VIRGINIA BEACH, VIRGINIA
TO (ORDINANCE OF VACATION
DeFORD, LIMITED
AN ORDINANCE VACATING AND DISCONTINUING A
PORTION OF SOUTH KENTUCKY AVENUE, IN KEMPSVILLE
BOROUGH, IN THE CITY OF VIRGINIA BEACH, VIRGINIA
WHEREAS, proper notice of the intended application
of the applicant, DeFord, Limited, to be presented to the
City Council of the City of Virginia Beach, Virginia, on the
day of , 1985 , for the vacation of the
hereinafter described public street in the City of Virginia
Beach, Virginia, was on the 28th day of July , 1985 ,
and on the 6th day of August , 1985 , duly published
twice with six days elapsing between the two publications in
a newspaper published or having general circulation in the
City of Virginia Beach, Virginia, specifying the time and
place of hearing at which affected persons might appear and
present their views , in conformity with the manner
prescribed by Code of Virginia, Section 15 .1-364 , for the
institution of proceedings for the vacation of a public
street; and
WHEREAS, said application was made to the City
Council of the City of Virginia Beach, Virginia, on the
day of , 1985, and in conformity with the
manner prescribed by Code of Virginia, Section 15.1-364 , for
the conduct of such proceedings , the City Council of the
City of Virginia Beach, Virginia, on the 19th day of August,
GROVER C. WRIGHT, JR.
ATTORNEY AND COUNSELLOR AT LAW, P.C.
SUIT■11011 UEACH TOMEN UUII.UINO
I II1110 PACIFIC AVENUE
VIRGINIA BEACH, VIKOINIA 81146H
2. A certified copy of this ordinance of vacation
shall be recorded as deeds are recorded and indexed in the
name of the City of Virginia Beach, Virginia, as grantor,
and in the name of DeFord, Limited, as grantee, in the
Clerk 's Office of the Circuit Court of the City of Virginia
Beach, Virginia, at the expense of the applicant.
Certified to be a true and exact copy of an
ordinance adopted by the City Council of the City of
Virginia Beach, Virginia, at its regular meeting held on the
day of , 1985 .
TESTE : RUTH SMITH, CITY CLERK
By
City Clerk
1985 , appointed
and , as viewers to view such street
and report in writing whether in their opinion any, and if
any, what inconvenience would result from discontinuing the
same , and said viewers have made such report to the City
Council of the City of Virginia Beach, Virginia; and
WHEREAS, from such report and other evidence, and
after notice to the land proprietors affected thereby, along
the street proposed to be vacated, it is the judgment of the
City Council of the City of Virginia Beach, Virginia, that
these proceedings have been instituted, conducted and
concluded in the manner prescribed by Code of Virginia,
Section 15 .1-364 , that no inconvenience would result from
vacating and discontinuing the portion of said street , and
that the portion of said street should be vacated and
discontinued;
NOW, THEREFORE, BE IT ORDAINED by the Council of
the City of Virginia Beach, Virginia :
1. That the following portion of South Kentucky
Avenue in the Borough of Kempsville, in the City of Virginia
Beach, Virginia, be and the same is hereby vacated and
discontinued:
All that certain piece or parcel of land,
situate, lying and being in the City of
Virginia Beach, State of Virginia, being
that part of South Kentucky Avenue adjoining
Lots 12 through 21, inclusive, and designated
as "0 .290 Acre" , as shown on plat entitled
"Plat Showing A Portion of South Kentucky
Avenue to be Closed for DeFord Limited,
Kempsville Borough, Virginia Beach, Virginia" ,
made by John E. Sirine and Associates, Ltd. ,
dated June, 1985.
G ROV 1;12 ('. 1(.11'I', .1 R.
ATTORNEY AND COUNSELLOR AT LAN', p,C.
HI'ITI: :108 DI'A('II TOWER III'I I.I)IN0
3880 PACIFIC AVENI'1:
IR(:INIA BEA('}I.VIRGINIA 2:3458
POST OPPI('E SOX 61
July 16, 1985 AREA ('ODE 004 42"-3t741
CERTIFICATE OF VESTING OF TITLE
I , Grover C. Wright, Jr. , attorney for DeFord,
Limited, do hereby certify that:
1 . I am an attorney at law and represent DeFord,
Limited, the petitioner.
2. If the property described below is dis-
continued, closed and vacated by the Council of the City of
Virginia Beach, Virginia, then title to said property will
vest in the adjacent landowners, respectively.
The said property referred to herein is hereby
described as follows :
All that certain piece or parcel of land
situate, lying and being in the City of
Virginia Beach, State of Virginia, being
that part of South Kentucky Avenue adjoining
Lots 12 through 21, inclusive, and designated
as "0. 290 Acre" , as shown on plat entitled
"Plat Showing A Portion of South Kentucky
Avenue to Be Closed for DeFord, Limited,
Kempsville Borough, Virginia Beach, Virginia" ,
made by John E. Sirine and Associates , Ltd. ,
dated June, 1985, which plat is attached to
the ordinance of vacation from the City of
Virginia Beach, Virginia, to DeFord, Limited,
and is to be recorded therewith in the Clerk ' s
Office of the Circuit Court of the City of
Virginia Beach, Virgin '
Grover C. Wr t ,
r_
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Item II-I.2
PLANNING ITEM // 24425
Attorney Robert Kinser represented the applicant
Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City
Council APPROVED, subject to FINAL APPROVAL in 180 days, an Ordinance upon
application of PROVIDENCE MENNONITE CHURCH for the discontinuance, closure
and abandonment of a portion of Old Providence Road.
Application of Providence Mennonite Church for
the discontinuance, closure and abandonment of a
portion of Old Providence Road beginning at the
western boundary of Gale Drive and running in a
westerly direction a distance of 300 feet more or
less. Said parel contains 15,202 square feet.
Plats with more detailed information are
available in the Department of Planning.
KEMPSVILLE BOROUGH.
The following conditions shall be required:
1. Retention of a portion of the area proposed for closure,
approximately 3,875 square feet located between the proposed
45-foot permanent utility easement and Providene Road, for use
with a proposed landscaping program.
2. The ultimate disposition of this right-of-way shall be by
purchase rather than direct conveyance, subject to determination
by the City Attorney's Office.
3. 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.
4. Dedication of a 45-foot wide utility easement over existing
facilities as determined by the Department of Public Utilities.
5. Closure of this right-of-way shall be contingent upon the
compliance with the above stated conditions within 180 days of
the approval by City Council.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr. , Robert G.
Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr. , D.D.S. ,
and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Louis R. Jones
October 28, 1985
ORDINANCE NO.
IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING
A PORTION OF THAT CERTAIN STREET KNOWN AS THE INTER-
SECTION OF OLD PROVIDENCE ROAD AND PROVIDENCE ROAD
AS SHOWN UPON THAT CERTAIN PLAT ENTITLED "STREET CLOSURE
OF THE SOUTHEAST CORNER OF PROVIDENCE ROAD AND OLD
PROVIDENCE ROAD INTERSECTION HEREBY CONVEYED FROM THE
CITY OF VIRGINIA BEACH, VIRGINIA TO PROVIDENCE MENNONITE
CHURCH, KEMPSVILLE BOROUGH, VIRGINIA BEACH, VIRGINA" ,
WHICH PLAT IS RECORDED IN THE CLERK'S OFFICE OF THE
CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH, VIRGINIA,
IN MAP BOOK , AT PAGE
WHEREAS, it appearing by affidavit that property
notice has been given by Providence Mennonite Church, that it
would make application to the Council of the City of Virginia
Beach, Virginia, on , 1985, to have the
hereinafter described street discontinued, closed, and vacated;
and
WHEREAS it is the judgment of the Council that said
street be discontinued, closed, and vacated;
NOW, THEREOFRE,
SECTION I
BE IT ORDAINED by the Council of the City of Virginia
Beach, Virginia, that the hereinafter described street be
discontinued, closed, and vacated:
ALL THAT certain lot, portion or parcel of land designated
as 0.349 acre as shown on that certain plat entitled
"Street Closure of the Southeast Corner of Providence Road
and Old Providence Road Intersection Hereby Conveyed From
the City of Virginia Beach, Virginia to Providence
Mennonite Church, Kempsville Borough, Virginia Beach,
Virginia" , made by George W. Midgette, Jr. , Land Surveyor,
Virginia and North Carolina, dated February 7, 1985, and
BASNIGHT,CREEKMORE, recorded in the Clerk 's Office of the Circuit Court of the
WRIGHT.JONES
AND KINSER City of Virginia Beach, Virginia in Map Book , at
ATTORNEYS AT LAW page , and more particularly described as follows:
752 CEDAR ROAD
CHESAPEAKE,VA.23320
547-9191
BEGINNING at a point located at the Northeast corner of the
Providence Mennonite Church property and the Northwest
corner of Lot 1 , Block A, Chatham Hall, Phase 7, Sutton
Place; thence S. 83 degrees 04 ' 37" W. 163.28 feet to a
point, being the Northwest corner of the Providence
Mennonite Church; thence S. 82 degrees 54 ' 40" W. 13.93
feet to a point on a curve and on the southern right of way
of Old Providence Road; thence along the eastern right of
way of Old Providence Road around a curve to the left
having a radius of 95.00 feet and an arc distance of 79.29
feet to a point of tangent; thence continuing along Old
Providence Road N. 05 degrees 55 ' 04" E 17.00 feet to a
point; thence around a curve to the right having a radius
of 10.00 feet and an arc distance of 15.90 feet to a point
on the southern side of Providence Road; thence along the
southern side of Providence Road and along a curve to the
right having a radius of 2, 188. 29 feet an arc distance of
228 .84 feet to a point; thence continuing along the
southern side of Providence Road S. 77 degrees 02 ' 17" E.
38.44 feet to a point; thence S. 02 degrees 40 ' 41" W.
18. 78 feet to a point; thence N. 87 degrees 19 ' 19" W.
63 .44 feet to a point; thence S. 84 degrees 25 ' 08" W.
74. 16 feet to the point of beginning, said parcel
containing 15, 210 square feet.
Said parcel of land being a portion of Old Providence Road and a
portion of Providence Road as indicated on that certain plat of
property to be vacated along existing Providence Road for
Providence Mennonite Church, which plat is recorded in the
Clerk 's Office of the Circuit Court of the City of Virginia
Beach, Virginia, in Map Book , at page , and
which is made a part hereof by reference.
SECTION II
A certified copy of this Ordinance shall be filed in
the Office of the Circuit Court of the City of Virginia Beach,
indexed in the name of the City of Virginia Beach, as grantor.
BASNIGHT,CREEKMORE,
WRIGHT,JONES
AND KINSER
ATTORNEYS AT LAW
752 CEDAR ROAD
CHESAPEAKE,VA.23320
547-9191
-2-
2asnl9A/, Ore eAm ore, brlgAl, Jones and 2ns er
2.irfe.r.riona/Corpora/ion
2//orneyr andCoun.relorr a/Law
Carve!!D. 73ainiyA/ 7.52 Cedar .7?oad
greater/el JI Creelmore J O. Dreamer
✓/mo/4 y cs. Z&rryh/
rRo6er/ 2). gone, CAesapeaie, Virginia 23320-00/7 .547-9/9/
.rRo6er/ ./`�'. 'Omer
.'Area Code 404
cS/ep1 en J 7e/eyan April 17, 1935
cS/epAen D. �e'n/,
CERTIFICATE OF VESTING OF TITLE
I, Robert R. Kinser
.attorney for Providence Mennonite Church
do hereby certify that:
• 1 . I am an attorney at law and represent Providence Mennonite Church,
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 Providence Mennonite Church
the adjacent landowners; in N/A
the holder of the underlying fee in said property; in N/A
the assignee of N/A
the adjacent property owner or holder of the underlying fee
in said property.
The said property referred to herein is hereby described as follows:
0.349 Acres at the Southeast corner of Providence Road and Old
Providence Road, at the Northeast corner of Providence Mennonite Church,
Knpsville Burrough, Virginia Beach, Va.
Section III
(CITY ATTORNEY WILL FILL THIS SECTION IN AT A LATER DATE) .
BASNIGHT,CREEKMORE,
WRIGHT,JONES
AND KINSER
ATTORNEYS AT LAW
752 CEDAR ROAD
CHESAPEAKE,VA.23320
547-9191 -3-
- 13 -
Item II-1.3
PLANNING ITM # 24426
Attorney Robert Cromwell represented the applicant
Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City
Council APPROVED, subject to FINAL APPROVAL in 180 days, an Ordinance upon
application of MAUREEN M. MOTTOLESE for the discontinuance, closure and
abandonment of a portion of Old Norfolk-Virginia Beach Road.
Application of Maureen M. Mottolese for the
discontinuance, closure and abandonment of a
portion of Old Norfolk-Virginia Beach Road
beginning on the west side of Little Neck Road
and running in a westerly direction a distance of
236.87 feet. Said parcel varies in width from
41.93 feet to 30 feet and contains 10,410.84
square feet. LYNNHAVEN BOROUGH.
The following conditions shall be required:
1. The ultimate disposition of this right-of-way shall be by
purchase rather than direct conveyance, subject to determination
by the City Attorney's Office.
2. Dedication of a 30-foot utility easement over the area proposed
for closure.
3. Resubdivision of the property to incorporate the closed area into
the adjoining parcel and to insure that all lots have access to a
public street.
4. Closure of this right-of-way shall be contingent upon the
compliance with the above stated conditions within 180 days of
the approval by City Council.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr. , Robert G.
Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr. , D.D.S. ,
and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Louis R. Jones
October 28, 1985
ORDINANCE NO.
IN THE MATTER OF CLOSING, VACATING AND
DISCONTINUING A PORTION OF THAT CERTAIN PAPER
STREET OF VARIABLE WIDTH, KNOWN AS OLD
NORFOLK-VIRGINIA BEACH ROAD, AS SHOWN UPON
THAT CERTAIN PLAT ENTITLED, "PLAT SHOWING A
PORTION OF OLD NORFOLK-VIRGINIA BEACH ROAD
TO BE CLOSED FOR MAUREEN M. ABRAHAM,
LYNNHAVEN BOROUGH, VIRGINIA BEACH, VIRGINIA" ,
WHICH PLAT IS ATTACHED HERETO.
WHEREAS, it appearing by affidavit that proper
notice has been given by Maureen Mottolese, ( formerly known as
Maureen M. Abraham) , that she would make application to the Council
of the City of Virginia Beach, Virginia, on
1985 , to have the hereinafter described street discontinued,
closed, and vacated; and
WHEREAS, it is the judgment of the Council that
said street 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 street
be discontinued, closed, and vacated:
That certain portion Old Norfolk-Virginia
Beach Road, containing approximately 0 .239
acres, beginning at a point on the SouthWest
corner of the intersection of Little Neck
Road and Old Norfolk-Virginia Beach Road as
established, thence from said point of
beginning S 84°-04 ' -38" W 236 . 87 feet to a
pin; thence along the south side of Old
Norfolk-Virginia Beach Road along the arc of
a curve with a radius of 593 .67 feet, an arc
distance of 121 . 92 feet to a point; thence N
17°-41 ' -22" W 30 feet to a pin on the northeast
corner of the intersection of Old
Norfolk-Virginia Beach Road and now or
formerly Harrison Street; thence along the
north side of Old Norfolk-Virginia Beach Road
along the arc of a curve with a radius of
623 .67 feet, an arc distance of 128 . 08 feet
to a pin; thence N84°-04 ' -38" E 207 . 57 feet
to a point on the Northwest corner of the
intersection of Old Norfolk-Virginia Beach
Road and Little Neck Road; thence S 50°-14 ' -
GUY,CROMWELL,BETZ 47" E 41. 93 feet to the point of beginning
&LusTIG,a.c as shown on that certain plat entitled "PLAT
ATTORNEvs ATLAW
SHOWING A PORTION OF OLD NORFOLK-VIRGINIA
BEACH ROAD TO BE CLOSED FOR MAUREEN M. ABRAHAM
(Now known as MAUREEN MOTTOLESE) LYNNHAVEN
BOROUGH, VIRGINIA BEACH, VIRGINIA. "
- 1 -
Said parcel of land being a portion of Old Norfolk-Virginia Beach
Road as indicated on that certain plat of property to be vacated
West of Little Neck Road for Catherine Mottolese, which plat is
recorded in the Clerk' s Office of the Circuit Court of the City
of Virginia Beach, Virginia, in Map Book
at page
, and which is made a part hereof by reference.
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, and indexed in the name of the City of Virginia Beach
as Grantor.
SECTION III
This Ordinance shall be effective sixty (60 ) days
from the date of its adoption.
GUY,CROMWELL,BETZ
&LUSTIG,P.C.
ATTORNEYS AT LAW
reb
- 2 -
Guy, ('xuz1w,;i.L, 13iirv, ti Li tiric:, I'. C.
ATTORNEYS AND COUNSELORS AT LAW
RICHARD D. Guy
M•AYNE LVeTIO
I�Y.N NN/,R Y. ()prierIAA NY TELEPHONE 44f)-119
ROHERT B. CYOMWEtL,JR. AREA CODE HO 1
F'r.wlfRl,ltt Orsr-Stint own
THowAI, P. BETz,JR.
HOWARD R.sY[Ee,JR. VIROINIA BEACH, VEWWO1N1A 11:)442-1298<) TELEX 6')-6.1Do
JErrREY B. HAWBAKER
JUDITH M COr1ELD
THONA8 S.CARNI s
R.EDWARD BOIRDON,JR.
June 18, 1985
I , R. Edward Bourdon, Jr . , attorney for Maureen Mottolese,
do hereby certify that :
1 . I am an attorney at law and represent Maureen Mottolese
( formerly Maureen M . Abraham) .
2. That based upon my examination of title, it is my
opinion that if the portion of the street sought to be closed is
discontinued , closed and vacated by the Council of the City of
Virginia Beach, Virginia , then title to said street will vest in the
owners of the fee in all adjacent property.
3 . The portion of street to be closed, referred to herein ,
is described as follows :
That certain portion Old Norfolk-Virginia Beach
Road , containing approximately 0 . 239 acres,
beginning at a point on the SouthWest corner of
the intersection of Little Neck Road and Old
Norfolk-Virginia Beach Road as established ,
thence from said point of beginning S 84°-04 ' -
38" W 236. 87 feet to a pin ; thence along the
south side of Old Norfolk-Virginia Beach Road
along the arc of a curve with a radius of 593 . 67
feet , an arc distance of 121 . 92 feet to a point;
thence N 17°-41 ' -22" W 30 feet to a pin on the
northeast corner of the intersection of Old
Norfolk-Virginia Beach Road and now or formerly
Harrison Street ; thence along the north side of
Old Norfolk-Virginia Beach Road along the arc of
a curve with a radius of 623 . 67 feet, an arc
distance of 128 . 08 feet to a pin ; thence N84 °-
04 ' -38" E 207 . 57 feet to a point on the Northwest
corner of the intersection of Old
Norfolk-Virginia Beach Road and Little Neck Road;
thence S 50°-14 ' -47" F 41 .93 feet to the point
r-
Guy, CROMWELL,BETZ & LusTI(:, P. C.
Page 2
June 18, 1985
of beginning as shown on that certain plat
entitled "PLAT SHOWING A PORTION OF OLD
NORFOLK-VIRGINIA BEACH ROAD TO BE CLOSED FOR
MAUREEN M. ABRAHAM (Now known as MAUREEN
MOTTOLESE) LYNNHAVEN BOROUGH, VIRGINIA BEACH,
VIRGINIA . "
GUY, CROMWELL, BETZ & LUSTIG, P.C.
I
By: ' •
R. Edward Bourdon, Jr.
reb
- 14 -
Item II-I.4
PLANNING ITEM # 24427
Charles Twine, General Partner of Quality Investments, represented the
applicant
Upon motion by Councilman Fentress, seconded by Councilman Baum, City
Council ADOPTED an Ordinance upon application of QUALITY INVESTMENTS, A
VIRGINIA GENERAL PARTNERSHIP for a Change of Zoning as per the following:
ORDINANCE UPON APPLICATION OF QUALITY
INVESTMENTS, A VIRGINIA GENERAL PARTNERSHIP FOR A
CHANGE OF ZONING DISTRIT CLASSIFICATION FROM A-4
TO B-4 ZO10851026
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA
Ordinance upon application of Quality
Investments, a Virginia General Partnership, for
a Change of Zoning District Classification from
A-4 Apartment District to B-4 Resort-Commercial
District on the northeast corner of 15th Street
and Arctic Avenue. Said parcels are located at
317 and 319 15th Street and 1502 Arctic Avenue
and contain 14,000 square feet. VIRGINIA BEACH
BOROUGH.
condition shall be
The following required:
1. The applicant has voluntarily agreed to restrict the use of this
parcel to lodging units only and no other commercial purpose.
The applicant has submitted an agreement restricting the use of this
property to lodging units only (Said agreement is hereby made a part of the
record.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr. , Robert G.
Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr. , D.D.S. ,
and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Louis R. Jones
0
October 28, 1985
0
Item II-1.5 - 15 -
PLANNING ITEM l6 24428
Attorney Grover Wright reprsented the applicant
Opposition:
Jo Ryan, President of Princess Anne Plaza Civic League
Theresa Northrup, resident of Princess Anne Plaza, presented photographs of
flooding in Brookwood and Plaza Elementary Schools, as well as Bow Creek
Boulevard and off streets depicting high water.
Steve Dudley, resident of the Brookwood Section of Princess Anne Plaza
Joanne L. Goyette, resident of Clubhouse Circle
The City Clerk referenced Opposition from LCDR Petrie and letter dated
September 9, 1985, from Captain L. F. Norton stating proposed application
lies within the AICUZ area. (Said letter is hereby made a part of the
record).
A MOTION was made by Councilman Jennings, seconded by Councilman Baum, to
ADOPT Ordinances upon application of HORIZON INVESTMENT COMPANY for Changes
of Zoning on the east side of South Lynnhaven Road, south of Silina Drive
from B-1 Business-Residential District to A-2 Apartment District on a
9.54-acre parcel and from B-2 Community-Business District to A-2 Apartment
District on a 33,976.8-square foot parcel (Lynnhaven Borough).
A SUBSTITUTE MOTION was made by Vice Mayor McClanan seconded by
Councilwoman Henley, to DENY Ordinances upon application of HORIZON
INVESTMENT COMPANY for Changes of Zoning on the east side of South
Lynnhaven Road, south of Silina Drive from B-1 Business-Residential
District to A-2 Apartment District on a 9.54-acre parcel; AND, from B-2
Community-Business District to A-2 Apartment District on a 33,976.8-square
foot parcel.
Voting: 3-6(SUBSTITUTE MOTION FAILS)
Council Members Voting Aye:
Barbara M. Henley, Vice Mayor Reba S. McClanan and Meyera E.
Oberndorf
Council Members Voting Nay:
John A. Baum, Robert E. Fer: r2ss, Mayor Harold Heischober, H.
Jack Jennings, Jr. , Robert G. Jones and J. Henry McCoy, Jr. ,
D.D.S.
Council Members Absent:
Louis R. Jones
Council Members Abstaining:
Nancy A. Creech
October 28, 1985
- 16 -
Item II-I.5
PLANNING ITEM # 24428 (Continued)
Upon motion by Councilman Jennings, seconded by Councilman Baum, City
Council ADOPTED Ordinances upon application of HORIZON INVESTMENT COMPANY
for Changes of Zoning as per the following:
ORDINANCE UPON APPLICATION OF HORIZON INVESTMENT
COMPANY FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM B-1 TO A-2 Z010851027
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA
Ordinance upon application of Horizon Investment
Co. , for a Change of Zoning District
Classification from B-1 Business Residential
District to A-2 Apartment District on certain
property located on the east side of South
Lynnhaven Road beginning at a point 830 feet more
or less south of Silina Drive. Said parcel
contains 9.54 acres. Plats with more detailed
information are available in the Department of
Planning. LYNNHAVEN BOROUGH.
A N D,
ORDINANCE UPON APPLICATION OF HORIZON INVESTMENT
COMPANY FOR A CHANGE OF ZONING DISTRICT
CLASIFICATION FROM B-2 TO A-2 Z010851028
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA
Ordinance upon application of Horizon Investment
Company for a Change of Zoning District
Classification from B-2 Community-Business
District to A-2 Apartment District on certain
property located on the east side of South
Lynnhaven Road beginning at a point 1150 feet
more or less south of Silina Drive. Said parcel
contains 33,976.8 square feet. Plats with more
detailed information are available in the
Department of Planning. LYNNHAVEN BOROUGH.
The following conditions shall be required:
1. Dedication of right-of-way along South Lynnhaven Road to provide
for an ultimate 94-foot right-of-way as per the Master Street and
Highway Plan and the Virginia Beach Bikeway Plan.
2. Dedication of a 150-foot drainage easement along London Bridge
Road and dedication of Flood Way portion in fee simple.
3. Noise Disclosure statements shall be required.
4. Voluntary Agreement encompassing covenants and conditions that at
least 40% of the apartment units constructed would be three-story
buildings shall be recorded in the Clerk's Office of the Virginia
Beach Circuit Court.
October 28, 1985
- 17 -
Item II-I.5
PLANNING ITEM // 24428 (Continued)
These Ordinances shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Twenty-eighth day of October, Nineteen Hundred and Eighty-five.
Voting: 6-3
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Mayor Harold Heischober, H.
Jack Jennings, Jr. , Robert G. Jones and J. Henry McCoy, Jr. ,
D.D.S.
Council Members Voting Nay:
Barbara M. Henley, Vice Mayor Reba S. McClanan and Meyera E.
Oberndorf
Council Members Abstaining:
Nancy A. Creech
Council Members Absent:
Louis R. Jones
October 28, 1985
- 18 -
Item 11-I.6
PLANNING ITEM # 24429
Attorney Donald Rhodes represented the applicant
Upon motion by Councilman Jennings, seconded by Councilman Fentress, City
Council ADOPTED an Ordinance upon application of ROBERT A. AND MARIE T.
SMITH for a Change of Zoning as per the following:
ORDINANCE UPON APPLICATION OF ROBERT A. AND MARIE
T. SMITH FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FORM R-8 TO 0-1 Z010851029
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA
Ordinance upon application of Robert A. and Marie
T. Smith for a Change of Zoning District
Classification from R-8 Residential District to
0-1 Office District on the east side of Morrison
Avenue, 200 feet south of Ansol Lane. Said
parcels are located at 127 South Lynnhaven Road
and 156 Morrison Avenue and contain 22,500 square
feet. Plats with more detailed information are
available in the Department of Planning.
LYNNHAVEN BOROUGH.
The following conditions shall be required:
1. A 5-foot dedication of right-of-way along the frontage on Gator
Street to provide for an ultimate 50-foot standard right-of-way.
2. A 5-foot deication of right-of-way along the frontage on Morrison
Avenue to provide for an ultimate 50-foot standard right-of-way.
3. A variable width right-of-way dedication along the frontage on
North Lynnhaven Road.
Every effort shall be made to combine the curb cuts of the three adjacent
property owners at the site plan review level.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Twenty-eighth day of October, Nineteen Hundred and Eighty-five.
Voting: 6-3
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, H. Jack Jennings, Jr. , and Robert G. Jones
Council Members Voting Nay:
Barbara M. Henley, Vice Mayor Reba S. McClanan and Meyera E.
Oberndorf
Council Members Absent:
Louis R. Jones and J. Henry McCoy, Jr. , D.D.S.
October 28, 1985
- 19 -
Item II-I.7
PLANNING ITEM �� 24430
Attorney Robert Cromwell represented the applicant, advised the sign was
posted indicating this Change of Zoning and presented a site plan showing
appropriate parking and location of boat slips.
Sam Houston spoke concerning this application and advised no sign had been
posted on this property.
Upon motion by Councilman Fentress, seconded by Councilman Jennings, City
Council ADOPTED an Ordinance upon application of JAMES R. AND OLIVE G.
BROWNING for a Conditional Use Permit as per the following:
ORDINANCE UPON APPLICATION OF JAMES R. AND OLIVE
G. BROWNING FOR A CONDITIONAL USE PERMIT FOR A
MARINA, INCLUDING FACILITIES FOR STORAGE AND
REPAIR OF BOATS AND SALE OF BOATING SUPPLIES
R01085790
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA
Ordinance upon application of James R. and Olive
G. Browning for a Conditional Use Permit for a
marina, including facilities for storage and
repair of boats and sale of boating supplies and
fuel on certain property located on the north
side of Laskin Raod, 640 feet more or less west
of Holly Road on Parcels A and C, Property of
Virginia Beach Marine Sales. Said parcels
contain 27,292 square feet more or less. Plats
with more detailed information area available in
the Department of Planning. VIRGINIA BEACH
BOROUGH.
The following conditions shall be required:
1. A 9-foot right-of-way dedication along the frontage on Laskin
Road at the easternmost extremity of Parcel A in accordance with
the Master Street and Highway Plan.
2. Submittal of a site plan showing appropriate parking and
appropriate location of boat slips.
Councilman Jennings referenced a Task Force had been established within the
City consisting of appropriate Department Heads dealing with regulations
concerning "WAKE ZONES", pier construction, bulkhead construction and
enforcement.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Twenty-eighth day of October, Nineteen Hundred and Eighty-five.
October 28, 1985
- 20 -
Item 11-1.7
PLANNING ITEM # 24430 (Continued)
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr. , Robert G.
Jones, Vice Mayor Reba S. McClanan, and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Louis R. Jones and J. Henry McCoy, Jr. , D.D.S.
October 28, 1985
- 21 -
Item I1-I.8
PLANNING ITEM # 24431
The following spoke in support of the Ordinance to amend and reordain
Article 1, Section 111 of the Comprehensive Zoning Ordinance pertaining to
the definition of family:
Naomi R. Warder, Chairman of the State Board of Social Services and
resident of Cavendish Drive
Flo Haynie, Chairman of Virginia
Beach Ecumenical Housing
Judy Schorr, Social Minister of the Church of the Ascension of Virginia
Beach, and resident of Eastwind Road
Reverend Iris Slocombe, resident of Laskin Road
Walt Credle, representing Department of Social Services
Samuel Beiler, represented "Operation Blessing" of the CHRISTIAN
BROADCASTING NETWORK.
A MOTION was made by Councilman Baum, seconded by Councilman Jennings, to
ADOPT an Ordinance to amend and reordain Article 1, Section 111 of the
Comprehensive Zoning Ordinance pertaining to the definition of family.
A SUBSTITUTE MOTION was made by Vice Mayor McClanan, seconded by Councilman
Robert Jones to DENY an Ordinance to amend and reordain Article 1, Section
111 of the Comprehensive Zoning Ordinance pertaining to definition of
family.
BOTH MOTIONS WERE WITHDRAWN
Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City
Council DEFERRED for additional study by City Staff the following
Ordinance:
Ordinance to amend and reordain Article 1,
Section 111 of the Comprehensive Zoning Ordinance
pertaining to definition of family.
This DEFERRAL will enable further study by the
Planning Department and the City Attorney's
Office.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr. , Robert G.
Jones, Vice Mayor Reba S. McClanan, and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Louis R. Jones and J. Henry McCoy, Jr. , D.D.S.
October 28, 1985
- 22 -
Item II-I.9
PLANNING ITEM II 24432
Upon motion by Councilwoman Henley, seconded by Councilwoman Oberndorf,
City Council DEFRRED until the City Council Meeting of November 4, 1985,
the following:
Ordinance to amend and Reordain Article 2,
Section 203 of the Comprehensive Zoning Ordinance
pertaining to off-street parking requirements.
As per Councilwoman Henley's request, City Staff will provide information
concerning this Ordinance.
This Ordinance was DEFERRED to coincide with the PUBLIC HEARING on November
4, 1985 of the Ordinance to amend and reordain Ordinance Number 486, Site
Plan Ordinance, by ADDING thereto Section 5A pertaining to parking lot
landscaping.
Voting: 8-0
Council Members Voting Aye:
Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober,
Barbara M. Henley, H. Jack Jennings, Jr. , Robert G. Jones, Vice
Mayor Reba S. McClanan, and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum, Louis R. Jones and J. Henry McCoy, Jr. , D.D.S.
October 28, 1985
- 23 -
Item II-J.1
RESOLUTION ITEM # 24433
BY CONSENSUS, City Council RESCHEDULED The Resolution to ADOPT THE 1986
LEGISLATIVE PACKAGE
October 28, 1985
- 24 -
Item J-2
RESOLUTION ITEM # 24434
Upon motion by Councilwoman Oberndorf, seconded by Councilman Fentress, City
Council ADOPTED the following RESOLUTION
RESOLUTION REQUESTING THE GENERAL ASSEMBLY TO
ADOPT A PERMANENT BAN ON URANIUM MINING AND
MILLING IN THE STATE OF VIRGINIA
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert Fentress, Mayor Harold
Heischober, Barbara Henley, H. Jack Jennings, Jr., Robert G.
Jones, Vice-Mayor Reba S. McClanan and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Louis R. Jones and J. Henry McCoy, Jr. , D.D.S.
October 28, 1985
Requested by: Councilmember Meyera Oberndorf
RESOLUTION REQUESTING THE GENERAL ASSEMBLY
TO ADOPT A PERMANENT BAN
ON URANIUM MINING AND MILLING
IN THE STATE OF VIRGINIA
WHEREAS, the State, through various agencies and
commissions, has been studying the feasibility of mining and
milling of uranium in Virginia for several years, and
WHEREAS, even this extensive investigation into
the short and long term effects of mining and milling of uranium
in the state has not produced conclusive evidence that it could
be done without harm to the environment of the state, and
WHEREAS, there is no dire need or emergency for
additional uranium mining in the United States, and
WHEREAS, the City Council of Virginia Beach is
concerned over the effects of uranium mining and milling on
the environment and the resources of the Commonwealth.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF
THE CITY OF VIRGINIA BEACH:
That the General Assembly of the State of Virginia
legislate a permanent ban on mining and milling of uranium in
Virginia because of the unanswered questions on the serious
health and environmental problems that uranium mining and milling
would produce.
Adopted by the Council of the City of Virginia Beach
on the 28 day of October , 1985 .
- 25 -
Item II-K
ITEM # 24435
ORDINANCE
Upon motion by Councilman Baum, and seconded by Councilman Fentress, City
Council ADOPTED, the following Ordinance:
Ordinance to Amend and Reordain Section 23-47
of the Code of Virginia Beach, Virginia
pertaining to Loud, Disturbing and
Unnecessary Noise
Council requested Staff to secure copies of the NOISE ORDINANCE enforced by
Ocean City, Maryland. In connection with the enforcement of this Ordinance,
the City Manager will advise "WARNINGS" are to be given before a summons is
issued.
Voting: 8-1
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Robert G.
Jones, and Meyera E. Oberndorf,
Council Members Voting Nay:
Vice-Mayor Reba S. McClanan
Council Members Absent:
Louis R. Jones and J. Henry McCoy, Jr. , D.D.S.,
October 28, 1985
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 23-47 OF THE CODE OF THE
CITY OF VIRGINIA BEACH, VIRGINIA,
PERTAINING TO LOUD, DISTURBING
AND UNNECESSARY NOISE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 23-47 of the Code of the City of Virginia
Beach, Virginia, pertaining to loud, disturbing and unnecessary
noise is hereby amended and reordained to read as follows:
Sec. 23-47 . Loud, disturbing and unnecessary noise.
(a) It shall be unlawful for any person to create, or
allow to be created en-any-gremises-in-his-gessess}en-ee-eentrelT
any unreasonably loud, disturbing and unnecessary noise in the
city or any noise of such character, intensity and duration as to
be detrimental to the life or health of any person or persons or
to unreasonably to disturb or annoy the quiet, comfort or repose
of any person or persons. The following acts, among others, are
declared to be loud, disturbing and unnecessary noise in
violation of this section, but such enumeration shall not be
deemed to be exclusive:
( 1 ) The playing of any television set , radio,
tape player, phonograph or any musical instrument in such a
manner or with such volume as to annoy or disturb the quiet ,
comfort or repose of any person or persons ln-any-dwellingT-betel
er-ether-type-a€-resldenee.
(2) The keeping of any animal which, by causing
frequent or long-continued noise, shall disturb the quiet,
comfort and or repose of any person in the vicinity to such an
extent as to constitute a nuisance.
(3) The creation of any excessive noise on any
street adjacent to any school, institution of learning or court ,
while the same is in session, or adjacent to any building used as
a place of public worship, while being so used, or adjacent to
any hospital, which unreasonably interferes with the workings of
- 26 -
Item II-L
CONSENT AGENDA ITEM # 24436
Upon motion by Councilman Robert Jones, seconded by Councilman Fentress, City
Council APPROVED in ONE MOTION Items a, 1, 2, 3, 4, and 5.
Item a. was an ADD-ON to the Consent Agenda: RESOLUTION IN RECOGNITION OF
THERESA NORTHROP. This RESOLUTION was presented to Theresa Northrop in
recognition of her unselfish dedication on behalf of missing children.
Councilwoman Nancy A. Creech VERBALLY ABSTAINED on Item 1.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Robert G.
Jones, Vice-Mayor Reba S. McClanan, and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Louis R. Jones, J. Henry McCoy, D.D.S.
October 28, 1985
- 27 -
Item-Il-L.a
CONSENT AGENDA ITEM 46 24437
Upon motion by Councilman Robert Jones, seconded by Councilman Fentress, City
Council ADOPTED the following Resolution:
RESOLUTION IN RECOGNITION
THERESA NORTHROP
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Robert
G. Jones, Vice Mayor Reba S. McClanan, and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Louis R. Jones and J. Henry McCoy, Jr. , D.D.S.
0
October 28, 1985
RESOLUTION IN RECOGNITION
TO
THERESA NORTHROP
WHEREAS: The history of America is one of a nation of people
helping people — joining together to build a better society —
individual initiative, intense pride;
WHEREAS: There are many citizens whose unselfish qualities are
worthy of recognition, yet there are few who render such notable
services placing more value on the comfort and well being of others as
does
THERESA NORTHROP
WHEREAS: Mrs. Northrop, mother of five children ranging in age
from seven to twenty-one years, is a Volunteer who got involved in the
community almost immediately upon her move here eighteen years ago.
She has championed new causes almost every year while loyal and
supportive of previous endeavors. She is a master at time management.
Her modest attitude about her own accomplishments is a direct contrast
to her ability to quickly recognize success and praise others; and,
WHEREAS: Through her concern for others, her imagination and
power of persuasion, Theresa Northrop contacted the Virginia Beach
Police Department, met with the Hampton Roads Missing Children
Association, solicited local businesses and collaborated with school
officials to aid in the achievement of discovering the whereabouts of
missing children in the United States. The first business to cooperate
was Domino's Pizza which printed flyers with a photo and description of
each missing child. Others joined this effort and then the Cities of
Virginia Beach, Norfolk, Chesapeake, Portsmouth, Newport News, Hampton
and Poquoson joined hands to celebrate the BEACON OF HOPE at Mount
Trashmore August 31, 1985.
NOW, THEREFORE, BE IT RESOLVED: The Virginia Beach City Council
pauses in its deliberations to pay tribute to this unselfish, tireless,
dedicated public servant whose vision has expanded our horizons and
whose efforts will unite families in our City as well as throughout
America. The numerous civic contributions of Mrs. Northrop are
recognized with deepest gratitude in spreading this Resolution upon
these official legislative proceedings this Twenty-Eighth day of
October, Nineteen Hundred Eighty-Five.
Given under my hand and seal,
Mayor
October 28, 1985
- 28 -
Item II-L-1
CONSENT AGENDA ITEM # 24438
Upon motion by Councilman Jones, seconded by Councilman Fentress,
City Council ADOPTED the following Ordinance:
Ordinance to transfer $75,751 of Capital
Project Funds to establish a water project
for Lynnhaven Parkway/Rosemont Forest for a
Cost Participation Agreement with R. G. Moore
Building Corporation.
Voting: 8-0
Council Members Voting Aye:
John A. Baum, Robert Fentress, Mayor Harold Heischober,
Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones,
Vice Mayor Reba S. McClanan, and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Abstaining:
Nancy A. Creech *
Council Members Absent:
Louis R. Jones, and J. Henry McCoy, Jr., D.D.S.
*Councilwoman Creech VERBALLY ABSTAINED
October 28, 1985
H I r1 1
Z
W
ri
vAN ORDINANCE TO TRANSFER $75,751
' E- 'o_ OF CAPITAL PROJECTS FUNDS TO ESTABLISH
Q -) c H �. 2
i- '-; ; < A WATER PROJECT FOR
<> LYNNHAVEN PARKWAY/ROSEMONT FOREST
n c ;• �`" FOR A COST PARTICIPATION AGREEMENT WITH
, a ,tom
b R. G. MOORE BUILDING CORPORATION
re . r1
WHEREAS, R. G. Moore Building Corporation is desirous of developing
land located in the Lynnhaven Parkway/Rosemont Forest Subdivision in the
Kempsville Borough in accordance with the terms and conditions of the city
ordinances, and
WHEREAS, the city desires to enter into a cost participation agree-
ment requesting the developer to engage in construction greater in scope than
is necessary for the project in order to provide water services to customers
outside the project limits, and
WHEREAS, the city's share of costs is estimated at $75,751 for water
improvements with such costs to be charged to a new water capital project and
with funds to be transferred from project #5-304 Small Line Improvements, and
WHEREAS, such construction at this time will provide for future
needs and prevent the city from having to incur additional operating and
maintenance costs at a later date.
NOW. THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA that project #5-995 Lynnhaven Parkway/Rosemont Forest Water
is hereby established as a capital project and that $75,751 is transferred
from project #5-304 Small Line Improvements to cover the city's share of the
cost participation agreement.
BE IT FURTHER ORDAINED that the City Manager is hereby authorized and
directed to execute the cost participation agreement with R. G. Moore Building
Corporation for construction of water facilities. Said proposed agreement is
hereby attached.
This ordinance shall be effective from the date of its adoption.
Adopted by the Council of the City of Virginia Beach on the 28 __
October 85
day of — -- -- --— 19 -
•
PWC 2/rosemont
October 28, 1985
- 29 -
Item II- L-2
CONSENT AGENDA ITEM # 24439
Upon motion by Councilman Robert Jones, seconded by Councilman Fentress, City
Council ADOPTED an Ordinance appointing Viewers in the petition of David
Hillquist for the closure of a portion of an alley between 4th and 5th
Streets.
The Viewers are:
Robert J. Scott - Director of Planning
David Grochmal - Director of General Service
C. Oral Lambert, Jr. - Director of Public Works
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr. , Robert
G. Jones, Vice Mayor Reba S. McClanan, and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Louis R. Jones, and J. Henry McCoy, Jr. , D.D.S.
October 28, 1985
ORDINANCE APPOINTING VIEWERS
WHEREAS, David K. Hillquist has given due and proper
notice, in accordance with the statutes for such cases made and
provided that they will on the 28th day of October , 1985,
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 of variable width, and has filed such
application with said Council .
NOW, THEREFORE, be it ORDAINED by the Council of the
City of Virginia Beach, Virginia:
THAT Robert J. Scott
I David M. Grochmal
and
C. Oral Lambert, Jr. are hereby
appointed to view the below described property and report in
writing to the Council on or before , 1985 ,
whether in their opinion, any, and if any, what inconvenience
would result in the discontinuing and vacating of a portion of
that certain street of variable width located in the City of
Virginia Beach, Virginia, and more particularly described as
follows:
THAT CERTAIN portion of an Alley 15 feet in width, lying
West of Atlantic Avenue in Block 8 as shown on the "PLAT
OF THE OCEAN LOT INVESTMENT COMPANY, VIRGINIA BEACH,
VIRGINIA, between 4th Street to the South and 5th Street
to the North, beginning at a pin located at the
intersection of the Western right-of-way line of
Atlantic Avenue and the Northern right-of-way line of
the 15 ' Alley, thence from said point of beginning N
83° 10 ' 00" E a distance of 244 .42 feet along the
northern right-of-way line of the 15 ' Alley to a pin
at the southwestern corner of Lot 5 , in Block 8 ; thence
N 06° 50 ' 00" W a distance of 15 feet to a pin at the
northwestern corner of Lot 11 , in Block 8 ; thence S 83°
10 ' 00" W a distance of 241. 68 feet along the southern
right-of-way line of the 15 ' Alley to a pin at the point
GUY,CROMWELL,BETZ of intersection with the western right-of-way line of
&LUSTIG,PC.
ATTORNEYS AT LAW Atlantic Avenue; thence along the western right-of-way
line of Atlantic Avenue along the arc of a curve with
a radius of 1106 . 00 feet, an arc distance of 15 . 25 feet
to the point of beginning as shown on that Plat entitled
"PLAT SHOWING 15 ' ALLEY TO BE CLOSED IN BLOCK 8 OCEAN
LOT INVESTMENT COMPANY, VIRGINIA BEACH BOROUGH, VIRGINIA
BEACH, VIRGINIA. "
- 1 -
October 28, 1985
All of the above as shown upon that certain plat entitled,
"Plat Showing a 15 ' ALLEY TO BE CLOSED IN BLOCK 8 OCEAN LOT
INVESTMENT COMPANY, VIRGINIA BEACH BOROUGH, VIRGINIA BEACH,
VIRGINIA" , which plat is attached hereto and made a part hereof
and intended to be recorded with the Ordinance closing the
aforedescribed street.
GUY,CROMWELL,BETZ
&LUSTIG,P.C.
ATTORNEYS AT LAW
eb
- 2 -
October 28, 1985
GUY, CROMWELL, 13ETZ 8c LUSTIG, P. C.
ATTORNEYS AND COUNSELORS AT LAW
TELEPHONE 499-0971
RICHAED D. dIJY PrMUIIOYK Orr,cI 1'AR1[
WAYNE LURTIO AREA CODE 004
ROnEET B.CroxwELL,JR. P8,4826N1 ONr-SuIrr 126
THOMAS F. BETz,JE. TELEX 59-5460
BOWLED R.SYxzn,JE. VIROINIA BEACH,VIROINIA 2346Q-2909
JETYREY B. Rwxx AMER
JODITH M.Cormz D
THOMAE S.CARNER
R.EDwwED BouEDON,JR. October 7 , 1985
I , R. Edward Bourdon, Jr. , attorney for David K. Hillquist,
do hereby certify that :
1. I am an attorney at law and represent David K.
Hillquist.
2. That based upon my examination of title, it is my
opinion that if the portion of the street sought to be closed is
discontinued, closed and vacated by the Council of the City of
Virginia Beach, Virginia, then title to said street will vest in the
adjoining property owners.
3 . The portion of street to be closed, referred to herein,
is described as follows:
THAT CERTAIN portion of an Alley 15 feet in
width, lying West of Atlantic Avenue in Block 8
as shown on the "PLAT OF THE OCEAN LOT INVESTMENT
COMPANY, VIRGINIA BEACH, VIRGINIA, between 4th
Street to the South and 5th Street to the North,
beginning at a pin located at the intersection
of the Western right-of-way line of Atlantic
Avenue and the Northern right-of-way line of the
15' Alley, thence from said point of beginning
N 83° 10 ' 00" E a distance of 244 .42 feet along
the northern right-of-way line of the 15 ' Alley
to a pin at the southwestern corner of Lot 5,
in Block 8 ; thence N 06° 50' 00" W a distance of
15 feet to a pin at the northwestern corner of
Lot 11, in Block 8 ; thence S 83° 10 ' 00" W a
distance of 241.68 feet along the southern
right-of-way line of the 15 ' Alley to a pin at
the point of intersection with the western
right-of-way line of Atlantic Avenue; thence
along the western right-of-way line of Atlantic
Avenue along the arc of a curve with a radius
of 1106.00 feet, an arc distance of 15. 25 feet
October 28, 1985
GUY, CROMWELL,BETZ & LUSTIG, P. C.
Page 2
October 7 , 1985
to the point of beginning as shown on that Plat
entitled "PLAT SHOWING 15' ALLEY TO BE CLOSED
IN BLOCK 8 OCEAN LOT INVESTMENT COMPANY, VIRGINIA
BEACH BOROUGH, VIRGINIA BEACH, VIRGINIA."
GUY, CROMWELL, BETZ & LUSTIG, P.C.
By: '.`�_�.. ,�,�? ; :4'�.`. , ra( -•. ., /
R. Edward Bourdon, Jr.
r eb
October 28, 1985
IN THE MATTER OF CLOSING, VACATING AND
DISCONTINUING A PORTION OF THAT CERTAIN
FIFTEEN FOOT WIDE ALLEY, LYING WEST OF
ATLANTIC AVENUE BETWEEN 4TH STREET AND
5TH STREET, AS SHOWN UPON THAT CERTAIN
PLAT ENTITLED, "PLAT SHOWING 15' ALLEY
TO BE CLOSED IN BLOCK 8 OCEAN LOT
INVESTMENT COMPANY, VIRGINIA BEACH BOROUGH,
VIRGINIA BEACH, VIRGINIA" , WHICH PLAT IS
ATTACHED HERETO.
PETITION
TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA
Your petitioner, David K. Hillquist, respectfully
represents as follows:
1. That pursuant to the provisions of Section 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 certain street, which is more specifically described as
follows :
THAT CERTAIN portion of an Alley 15 feet in
width, lying West of Atlantic Avenue in Block
8 as shown on the "PLAT OF THE OCEAN LOT
INVESTMENT COMPANY, VIRGINIA BEACH, VIRGINIA,
between 4th Street to the South and 5th Street
to the North, beginning at a pin located at
the intersection of the Western right-of-way
line of Atlantic Avenue and the Northern
right-of-way line of the 15 ' Alley, thence
from said point of beginning N 83° 10 ' 00" E
a distance of 244 .42 feet along the northern
right-of-way line of the 15' Alley to a pin
at the southwestern corner of Lot 5 , in Block
8 ; thence N 06° 50 ' 00" W a distance of 15
feet to a pin at the northwestern corner of
Lot 11 , in Block 8 ; thence S 83° 10 ' 00" W a
distance of 241.68 feet along the southern
right-of-way line of the 15 ' Alley to a pin
at the point of intersection with the western
right-of-way line of Atlantic Avenue; thence
along the western right-of-way line of
Atlantic Avenue along the arc of a curve with
a radius of 1106 . 00 feet, an arc distance of
15 . 25 feet to the point of beginning as shown
on that Plat entitled "PLAT SHOWING 15 ' ALLEY
TO BE CLOSED IN BLOCK 8 OCEAN LOT INVESTMENT
COMPANY, VIRGINIA BEACH BOROUGH, VIRGINIA
BEACH, VIRGINIA. "
GUY,CROMWELL,BETZ
&LUSTIG,P.C.
ATTORNEYSATLAW Said parcel of land being a portion of a 15 foot Wide
Alley as indicated on that certain plat entitled, "Plat Showing
- 1 -
October 28, 1985
15 ' Alley to be closed in Block 8 OCEAN LOT INVESTMENT COMPANY,
VIRGINIA BEACH BOROUGH, VIRGINIA BEACH, VIRGINIA" , which plat is
attached hereto and made a part hereof and intended to be recorded
with the Ordinance 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 , 1985 , 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 4th day of October , 1985 ,
Notice of the presenting of this Application was posted at the
Courthouse of the Circuit Court of the City of Virginia Beach,
Virginia, on the premises to be closed, and at the City Hall
Annex, 19th Street and Arctic Avenue, Virginia Beach, Virginia,
as evidenced by the Affidavit attached hereto, and a copy of said
Notice.
4 . That the Petitioner is fee simple owner of all
land along and adjacent to the northern line of said portion of
the platted street to be closed.
Respectfully submitted,
DAVID K. HILLQUIST
2aitBykl -)C-V\anstrCi1/4AcC1),-
Of Counsel
Robert B. Cromwell, Jr. , Esquire
R. Edward Bourdon, Jr. , Esquire
GUY, CROMWELL, BETZ & LUSTIG, P.C.
Pembroke Office Park
Pembroke One, Suite 525
Virginia Beach, Virginia 23462-2989
GUY,CROMWELL,BETZ ( 804 ) 499-8971
&LUSTIG,P.C.
ATTORNEYS AT LAW
reb
- 2 -
October 28, 1985
- 30 -
Item II-L-3
CONSENT AGENDA ITEM II 24440
Upon motion by Councilman Jones, and seconded by Councilman Fentress,
City Council ADOPTED an Ordinance appointing Viewers in the petition
of Gordon Rudolph for the closure of a portion of Pennsylvania Avenue.
The Viewers are:
Robert J. Scott - Director of Planning
David Grochmal - Director of General Services
C. Oral Lambert, Jr. - Director of Public Works
The City Council instructed the City Clerk to SCHEDULE the Change of Zoning
Application and this Street Closure Petition in behalf of GORDON RUDOLPH for
November 18, 1985.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings Jr. , Robert
G. Jones, Vice Mayor Reba S. McClanan, and Meyera E. Oberndorf
Council Members Voting Nay:
None
4
Council Members Absent:
Louis R. Jones and J. Henry McCoy, Jr., D.D.S
I
October 28, 1985
- 30a-
ORDINANCE APPOINTING VIEWERS
WHEREAS, Gordon Rudolph has given due and proper notice , in
accordance with Section 15. 1-364 of the Code of Virginia, 1950,
as amended, that he will on the 28 th day of October , 1985, apply
to the City Council of the City of Virginia, 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, and has filed such application with said Council.
NOW, THEREFORE, be it ORDAINED by the Council of the City of
Virginia Beach, Virginia:
THAT Robert J. Scott
David M. Grochmal
and C. Oral Lambert, Jr. 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 from
the discontinuing and vacating of a portion of that certain
street located in the City of Virginia Beach, Virginia, and more
particularly described as follows:
ALL THAT portion of Pennsylvania Avenue
lying north of the northern right-of-way
line of Broad Street and south of the
southern right-of-way line of Douglas
Street as shown on that certain plat
entitled, "Plat of Euclid Place" recorded
in the office of the Clerk of the Circuit
Court of the City of Virginia Beach,
Virginia, in Map Book 4 , at page 62.
October 28, 1985
29b
IN THE MATTER OF CLOSING, VACATING AND
DISCONTINUING A PORTION OF THAT CERTAIN
STREET, KNOWN AS PENNSYLVANIA AVENUE, AS
SHOWN UPON THAT CERTAIN PLAT ENTITLED,
"PLAT OF EUCLID PLACE" , RECORDED IN THE
OFFICE OF THE CLERK OF THE CIRCUIT COURT OF
THE CITY OF VIRGINIA BEACH, VIRGINIA, IN
MAP BOOK 4, AT PAGE 62.
PETITION
TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA
Your Petitioner , Gordon Rudolph, respectfully represents as
follows :
1 . That pursuant to the provisions of Section 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
certain street , which is more specifically described as follows :
ALL THAT portion of Pennsylvania Avenue
lying north of the northern right-of-way
line of Broad Street and south of the
southern right-of-way line of Douglas
Street as shown on the certain plat
entitled "Plat of Euclid Place" recorded in
the Office of the Clerk of the Circuit
Court of the City of Virginia Beach,
Virginia in Map Book 4, at page 62.
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
as soon as practicable as to whether in the opinion of said
October 28, 1985 €
_ 3Cc -
Viewers, what inconvenience, if any, would result from the
discontinuance and the closing of this portion of said street,
as herein described .
3 . That on the 19th day of October, 1985, and on the
26th day of October , 1985 , notice of the presenting of this
application was published in the Virginian-Pilot, a newspaper
of general circulation 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 the Estate of R. E. Townsend , Marvin C. Overcash,
Administrator , 880 Winwood Drive, Virginia Beach, Virginia ;
Nancy H. Sublett, and Ina W. Harris , Jr . , 6921 Cherry Lane,
Annondale , Virginia; Ethel P. Anthony and Julia Fay P. Linker
c/o Donald Hacker, Route 2, Mount Pleasant, Pennsylvania; Hugh
P. Thrasher , Jr . , 7056 Silver Lake Drive, Rockford, Michigan;
and Bruce B. Mills , 4145 Virginia Beach Boulevard, Virginia
Beach, Virginia .
Respectfully submitted ,
GORDON RUDOLPH
By: �� F� f�/
Gi Of Counsel
Charles M. Salle
PENDER & COWARD
Greenwich Centre
4th Floor , 192 Ballard Court
[At Greenwich Road]
Virginia Beach, VA 23462
(804) 490-3000
-2-
October 28, 1985
rt
- 31 -
Item II-L-4
CONSENT AGENDA ITEM /1 24441
Upon motion by Councilman Robert Jones, seconded by Councilman Fentress, City
Council APPROVED the following RAFFLE PERMITS:
Joy Fund Charity Bowl
Princess Anne High School ROTC
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr. Robert
G. Jones, Vice Mayor Reba S. McClanan, and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Louis R. Jones and J. Henry McCoy, Jr. , D.D.S.
October 28, 1985
- 32 -
Item II-L-5
CONSENT AGENDA ITEM # 24442
Upon motion by Councilman Robert Jones, seconded by Councilman Fentress, City
Council ADOPTED the Ordinance authorizing tax refunds in the amount of
($542.84) upon application of certain persons and upon certification of the
City Treasurer for payment.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Robert
G. Jones, Vice Mayor Reba S. McClanan, and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Louis R. Jones and J. Henry McCoy, Jr., D.D.S.
October 28, 1985
rORM NO. C.A. 7 /
- 32a - 10/11/85 EMC
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for tax refunds upon certification of the Treasurer are hereby approved:
NAME Y ar Type Ticket Exonera- Date Penalty Int. Total
of Tax Number • tion No. Paid
Lynn A Regna 85 PP 130853-0 8/16/85 15.65
Michael Regna 85 PP 130854-9 8/16/85 12.51
William B & Bernice Wiley 85 RE(2/2) 95508-5 9/13/85 46.36
L W & Gladys I Carroll 85 RE(2/2) 15065-8 9/11/85 21 . 36
Randolph N Harrison et ux 83 RE(1/2) 34840-3 10/20/82 6.00
Randolph N Harrison et ux 83 RE(2/2) 34840-3 10/20/82 6.00
Randolph N Harrison et ux 84 RE(1/2) 36659-7 10/25/83 6.00
Randolph N Harrison et ux 84 RE(2/2) 36659-7 10/25/83 6.00
Earl P & Lucy Yates 83 RE(1/2) 90077-9 11/1/82 89.07
Earl P & Lucy Yates 83 RE(2/2) 90077-9 5/26/83 89.07
Earl P & Lucy Yates 84 RE(1/2) 95304-2 10/5/83 103.91
Earl P & Lucy Yates 84 RE(2/2) 95304-2 5/11/84 103.91
J J Fulton 85 Dog V21874 9/30/85 7.00
Patrick H Moore N/A Pkng 75370 9/24/85 30.00
•
,...•... _. .•..� Total 542.84
•
.`•1•'',4 i + i I .t .1
[ . . ..... .
This ordinance shall be effective from date of adoption.
The above abatement(s) totaling Certified as to payment;
1542.84 were approved by
the Council of the City of Virginia 1. 7:-- c/.60C
Beach on the 28 day of October, , 1985 � /�
John T. Atkinson, Treasurer' = 1
_—____ Approved as to form:
Ruth Hodges Smith 41 /
City Clerk .fp___ 54/q) id445"
J Da e Bimson, Ci y Attorney
October 28, 1985
- 33 -
Item II-M.1/2/3/4/5
APPOINTMENTS ITEM # 24443
BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS:
BOARD OF BUILDING CODE APPEALS
HAMPTON ROADS AIR POLLUTION CONTROL DISTRICT COMMISSION
HISTORICAL REVIEW BOARD
HOUSING BOARD OF APPEALS
TRANSPORTATION SAFETY COMMISSION
October 28, 1985
- 34 -
Item II-N.1
UNFINISHED BUSINESS ITEM II 24444
ADD-ON
The City Clerk referenced letter from Van H. Lefcoe concerning BETH SHOLOM
HOUSING CORPORATION, THE RUSSELL HOUSE, INC., AND ZION PLACE, INC. t/a
LUTHER MANOR. Mr. Lefcoe requested to appear before Council on November 4,
1985, for the purpose of requesting Council to conduct a PUBLIC HEARING on
the issue of exemption of the above referenced entities from real estate
taxes in the City of Virginia Beach.
The City Manager's letter accompanying the 1986 LEGISLATIVE PROPOSALS will
reference an addition to the LEGISLATIVE PACKAGE of items that do not meet
the criteria of either State or Local importance. BETH SHOLOM's request
for tax-exemption status for their Housing project is referenced. This will
allow the General Assembly to be alerted to these issues and address same.
BY CONSENSUS, City Council DEFERRED discussion pending report of City
Manager.
October 28, 1985
- 35 -
Item II-0.1
NEW BUSINESS ITEM # 24445
Aubrey Watts, Deputy City Manager, introduced Michael J. Barrett, Director
of the RESORT AREA ADVISORY COMMISSION, who presented a BRIEFING on OPEN
AIR CAFE REGULATIONS.
Mr. Barrett distributed copies of his MEMORANDUM of September Twenty-fourth
to City Council (Copy of said information is hereby made a part of the
record).
The regulations concerning OPEN AIR CAFES have been developed by the City
Staff with input from a Subcommittee of RESORT AREA ADVISORY COMMISSION
Members. Preliminary drafts have been reviewed by staff from City agencies
including the Law Department, Planning, Public Works, Police, General
Services, Permits and Inspections, and the Fire Department. Their comments
have, in most cases, been incorporated in the proposed regulations. The
RESORT AREA ADVISORY COMMISSION reviewed this final draft and APPROVED it
at their meeting on Thursday, September 19, 1985.
These REGULATIONS would authorize OPEN AIR CAFES along the boardwalk and
the stub street parks, and are designed to implement the proposal made by
the Urban Land Institute. These regulations provide for CAFES which would
be adjacent to existing hotels or restaurants which would be in accord with
the theme of making the Boardwalk a more attractive day and evening
experience as well as an improved environment.
A CAFE GUIDELINES SKETCH and a CHART reflecting the ADMINISTRATIVE AND
LEGISLATIVE PROCEDURES to be followed upon application of an OPEN AIR CAFE
wre included in Mr. Barrett's presentation. Mr. Barrett depicted the basic
relationship of the CAFE to the existing Boardwalk and Bike Path. The
proposed CAFES on the Boardwalk would be located on the Green Space between
the Bike Path and the right-of-way line of the existing hotel. A ten-foot
clear path from any obstruction would be maintained. There is also a
perimeter fence which would be required to screen the customers from public
view. A canopy would also be required for the BOARDWALK CAFES, but it would
be optional for the SIDEWALK CAFES. The overall size of the resort OPEN
AIR/BOARDWALK CAFE is not to exceed 800 square feet gross per restaurant.
There shall be a Franchise fee of $1.00 per square foot, per year, payable
to the City of Virginia Beach. A security deposit/bond will be required as
determined by the Public Works Department.
A SURVEY has been conducted and the RAAC believes that approximately
twenty-five potential sites would qualify for this operation.
THE RAAC wishes to ensure the Pedestrian Access would be through one
entrance, preferably off an existing walkway that goes from an existing
hotel to the Boardwalk itself.
In order to authorize the concept of OPEN AIR CAFES for the Summer of 1986,
these procedures must be followed:
1. City Council would AUTHORIZE the City Manager to promulgate the
regulations for the OPEN AIR CAFES.
2. A sample FRANCHISE AGREEMENT should be drafted by the City
Attorney.
3. The City Council must AUTHORIZE each INDIVIDUAL FRANCHISE
AGREEMENT.
BY CONSENSUS, the Virginia Beach Resort Area Advisory Commission will
proceed to establish franchise criteria. The Mayor asked that a Public
Hearing be Scheduled.
October 28, 1985
- 36 -
Item II-P.1
ADJOURNMENT ITEM # 24446
Upon motion by Councilman Baum, and BY ACCLAMATION, City Council ADJOURNED
the meeting at 10:58 P.M.
0j-vo4 y9/
BevenTY 0. Hooks
Chief Deputy City Clerk
•
( 4-‘-t< L-gtdd-v
uth Hodges mith, CMC ayor Harold Heischober
City Clerk
City of Virginia Beach,
Virginia
/bh
Octobe 28, 1985