NOVEMBER 14, 1988
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"WORLD'S LARGEST RESORT CITY"
CrrY COLTNCIL
MAYOR M@E@ E OM-W-, @@ U,,
VICE MAYOR ROMRI E l@--,
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JOHN A.
@'@HOBER. 1. @ll,
J.@N D M@,
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10- L -1, ,-
Wi@- l@, Al 281 CHY HALL BUILDING
MUNICIPAL CENTER
1-Y I --, JR,, CITY COUNCIL AGENDA VIRGINIA BEACH, VIRGINIA 23456-002
j D@ -.1, .,, A,@ (8N) 427-4303
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NOVEMBER 14, 1988
ITEM 1. CITY MANAGER'S BRIEFING - Conference Room - 11:30 AM
A. LEGISLATIVE PACKAGE WORKSHOP
Robert R. Matthias, Intergovernmental Relations
ITEM 11. COUNCIL CONFERENCE SESSION - Conference Room - 12:30 PM
A. CITY COUNCIL CONCERNS
ITEM Ill. INFORMAL SESSION - Conference Room - 1:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF COUNCIL
C. RECESS TO EXECUTIVE SESSION
ITEM IV. FORMAL SESSION - Council Chamber - 2:00 PM
A. FNVOCATION: Reverend Charles A. Vinson
Piney Grove Baptist Church
B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
C. ELECTRONIC ROLL CALL OF CITY COUNCIL
D. MINUTES
1. INFORMAL & FORMAL Sessions - November 7, 1988
E. CEREP40NIAL PRESENTATIONS
1. PROCLAMATION
a. ALCOHOL AND DRUG AWARENESS MONTHS
November and December 1988
F. PUBLIC HEARING
1. PLANNING
a. RECONSIDERATION:
1. Application of DOMINION BUILDING CORPORATION for the
discontinuance, closure and abandonment of a portion of
Dwyer Road 455.5 feet Southwest of the intersection wl-rh
Dam Neck Road, running In a Westerly direction 2782.7 feet,
containing 2.553 acres (PRINCESS ANNE BOROUGH). APPROVED,
subject to compliance of conditions on March 9, 1987
Approved additional 180 days for compliance September 14,
1987, and deferred due to a tie vote October 24, 1988.
2. Resolution to RESCIND AND REPEAL a Chanqe of Zoning
District Classification from R-6 Reside@tial District to
A-2 Apartment District tor property owned by VIVIAN
DOUMMAR, located on the South side of 23rd Street, 195 feet
East of Barberton Drive, consisting of lots 13 thru 20,
Block 11, Woodland, containing 34,063.9 square feet
(LYNNHAVEN BOROUGH) APPROVED by City Council on May 5,
1986,
Reconsideration scheduled October 17, 1988
b. Application of FILIPINO APOSTOLATE-ROMAN CATHOLIC DIOCESE OF
RICHMOND, VIRGINIA for a Conditional Use Permit for a
church/spiritual center on the East side ot Indian River Road,
500 feet more or less South of Stumpy Lake Lane, located at
4556 Indian River Road, containing 6 acres (KEMPSVILLE
BOROUGH).
Recommendation: APPROVAL
c. Application of BERNARD A. WALKER for a Conditional Use Permit
for a single family residence in the AG-f A-gricultural District
located on the South side of Indian River Road, 600 feet more
or less West of New Bridge Road, containing 10.729 acres (PUNGO
BOROUGH).
Recommendation: APPROVAL
d. Application of RICHARD A. AND CAROLYN J. GENDRON for a
Conditional Use Permit for a home for the elderly on the West
side of Salem Road, 381.14 Fe-et South of Salem Woods Road,
located at 1453 Salem Road, containing 2 acres (KEMPSVILLE
BOROUGH).
Recommendation: APPROVAL
e. Application of KEHILLIAT BET HAMIDRASH, KEMPSVILLE CONSERVATIVE
SYNAGOGUE for a Conditional Use Permit for a church (synagoguey
on the South sije of Providence Road, 730 feet more or less
West of Luke Drive, located at 4937 Providence Road, containing
4.69 acres (KEMPSVILLE BOROUGH).
Recommendation: APPROVAL
f Appl ication of ROWE PROPERTIES for a Conditional Use Pennit for
an eating and drinking establishment at the Southeast corner of
Grayson Road and Corporate Woods Drive, located at 5041
Corporate Woods Drive, containing 800 square feet (KEMPSVILLE
BOROUGH).
Recommendation: APPROVAL
g. Appl ication of MICHAEL MADDOX t/a MATTY'S AUTO WORKS for a
Conditional Use Permit for an automobile repair and body work
establishment on the East side of South Military Highway, 1000
feet North of Alexandria Avenue, located at 736 South Military
Highway, containing 20,038 square feet (KEMPSVILLE BOROUGH).
Recommendation: APPROVAL
h. Ordinance to AMEND and REORDAIN the STORMWATER MANAGEMENT
ORDINANCE.
Recommendation: APPROVAL
i. Ordinance appointing viewers in the petition of PASQUALE F.
DIVITO for the closure of a portion of Page Avenue (LYNNHAVEN
BOROUGH).
Recommendation: APPROVAL
G. ORDINANCES
1. Ordinances authorizing ACQUISITION OF PROPERTY for right-of-way tor
the Lake Gaston Water Pipeline and the ACQUISITION OF TEMPORARY AND
PERMANENT EASEMENTS OF right-of-way, either by agreement or
condemnation:
a. Windsor District, Isle of Wight County, Virginia Parcels 141
through 158.
b. Windsor District, Isle of Wight County, Virginia Parcel 159.
c. Windsor District, Isle of Wight County, Virginia Parcel
159-A.
d. Windsor District, Isle of Wight County, Virginia Parcels
160-A and 163-A.
e. Drewryvi lle District, Southampton County, Virginia Parcel
140-A.
f. Nottoway District, Greensville County, Virginia Parcels 080,
084 and 086.
g. Nottoway District, Greensville County, Virginia Parcels 087
and 088.
@h. Nottoway District, Greensville County, Virginia Parcels 090
through 093, 096, 097, and 099 through 103.
i. Nottoway District, Greensville County, Virginia Parcels 114
and 115.
j. Nottoway District, Greensville County, Virginia Parcels 123
through 135.
k. Belfield District, Greensville County, Virginia Parcels 068
through 074.
1. Sturgeon District, Brunswick County, Virginia -- Parcel 065.
m. Sturgeon District, Brunswick County, Virginia Parcels 066
through 068.
n. Poweilton District, Brunswick County, Virginia Parcels 001
through 010.
o. Poweliton District, Brunswick County, Virginia Parcels 012,
014 through 018, 021, 023 through 037, 039, 042 through 045,
048 and 049.
P. Powellton District, Brunswick County, Virginia -- Parcel 064.
H. UNFINISHED BUSINESS
1. NEW BUSINESS
1. VIRGINIA BEACH CAPITAL IMPROVEMENT PROGRAM
Presentation: E. D. Block, Assistant City Manager for
Analysis and Evaluation
J. ADJOURNMENT.
CITY COUNCIL SESSIONS
RESCHEDULED
DECEMBER 26, 1988 2:00 PM
CANCELLED
"CHRISTMAS DAY HOLIDAYtt
JANUARY 17, 1989 2:00 PM
RESCHEDULE OF JANUARY 16
"LEE-JACKSON-KING DAY,,
JANUARY 30, 1989 2:00 PM
RESCHEDULE OF JANUARY 2
"NEW YEAR'S DAY HOLIDAY"
All other Sessions will be
in accordance with the City Code
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virglnla
November 14, 1988
The CITY MANAGER'S BRIEFING to the VIRGINIA BEACH CITY COUNCIL was called to
order by Vice Mayor Robert E. Fentress in the Conference Room, City tiall
Building, on Monday, November 14, 1988, at 11:30 P.M.
Council Members Present:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Nancy K. Parker and
William D. Sessoms, Jr.
Council Members Absent:
Mayor Meyera E. Oberndorf (ENTERED: 11:35 A.M.)
Being Interviewed by Leslie Boney,
Raleigh Reporter relative Lake
Gaston
John L. Perry (ENTERED: 11:40 A.M.)
- 2 -
C I T Y M A N A G E R ' S B R I E F I M G
1989 LEGISLATIVE PROPOSALS
11:30 A.M.
ITEM # 30332
Robert Matthias, Intergovernmental Relations Coordinator, reiterated the 1989
LEGISLATIVE PROPOSALS as previously introduced at the City Council Meeting of
November 7, 1988:
CRARTER CHANGES
1. Amortization of Non-Conforming Signs
2. Fire Prevention and Protection
3. Non-Tidal Wetlands
4. Resort Area Retail Sales Tax
OTHER ISSUES
5. Advertisement for Voter Registration Sites.
6. Alternates to Board of Zoning Appeals
7. Assumption of Tourist Establishment Tnspections
8. Back Bay Restoration
9. Civil Penalties for Violations of Zoning Ordinances
10. Commission on Transportation in the 21st Century.
11. Direct Election of School Board
12. Funding of Education
13. Health and Related Insurance for City Employees
14. Increase in Court Fees
15. Indigent Health Care
16. Merchants Capital Tax
17. Pendleton Child Service Center
18. Runaways and Secure Detention
19. Tax Exemption for Water Works Equipment
20. Tree Protection
21. VSRS for Council Members
AGRICULTURAL ISSUES
1. Farmers Wholesale Markets
2. State Registration for New Pesticides
3. Cleanup of Back Bay and North Landing Watersheds
4. Non-Tidal Wetlands
5. Land Use Assessment
6. Transfer of Development Rights
The Charter Change to Amortization of Non-conforming Signs is a repeat from
last year's Legislative Package. The General Assembly is requested to amend the
Charter of the City of Virginia Beach by amending Section 2.02, adding
Subsection (f) pertaining to the amortization of non-conforming signs and
billboards. This new language will read:
(f) Amortization of Non-conforming Signs and
Billboards. To make reasonable provision for
the amortization of non-conforming signs and
billboards.
The Charter Change on Fire Prevention and Protection has been separated into
two separate questions. The first would be to allow Virginia Beach to have
stricter fire prevention regulations and building requirements than are allowed
under Uniform Statewide Building Code. The second section would require hotels
and motels, previously constructed or converted, to have automatic sprinkler
systems within ten (10) years.
- 3 -
C I T Y M A N A G E R ' S B R I E F I N G
1989 LEGISLATIVE PROPOSALS
ITEM # 30332 (Continued)
Relative the Charter Change for the Resort Area Retail Sales Tax, the General
Assembly is requested to amend the Charter of the City of Virginia Beach to
allow a special one-half percent sales tax to be assessed on all retail
merchandise sales within the resort area special tax district. These funds
could only be used for resort area improvements and the special tax would
sunset upon completion of the resort area beautification.
Robert Matthias advised Tuesday, November 22, 1988, a PUBLIC HEARING is
Scheduled by Senator Clive L. DuVal of Northern Virginia concerning Non-Tidal
Wetlands Bill, House Bill 1037. Fifty (50%) percent of the land in Virginia
Beach does not drain into the Chesapeake Bay but drains south into North
Carolina and the Atlantic Ocean. The City is requesting the impact of House
Bill 1037 be examined carefully especially within the Agri-Business community
and the Legislation shall be AMENDED to exclude areas not draining into the
Chesapeake Bay Basin.
Dr. Marlene Hager, Voter Registrar, will provide additional information
regarding Advertisement for Voter Registration Sites. The General Assembly is
requesting to amend the Code of Virginia to allow cities the option of meeting
the requirement to advertise voter registration sites through either a
newspaper of general circulation or through the medium of television. It was
suggested that both mediums be utilized with a proper balance.
Relative the Local Option Gas Tax contained within revenue enhancements in the
Commission on Transportation in the 21st Century, Councilman Moss advised he
was not OPPOSED to tax but was opposed to a Regional Authority dispersing the
revenues. Robert Matthias advised the Regional Authority Gas Tax can be kept
simple.
Relative the Funding of Education, Councilman Moss referenced the Resolution
requesting the State Board of Education to NOT Reduce the Expenditure
Categories currently used for Education Funds and to Adopt the Proposed
Expansion of Categories as proposed by the Virginia Municipal League. The
Administration, Assessment and Finance Committee of the State Board of
Education had recommended the 13 categories be reduced to 5. The School Board
never responded when requested to join the City Council and support a more
accountable system than the 5 categories. Councilman Moss requested the
Legislative Package include a restatement of this Resolution in support of
VML's 19 categories versus 5. This item will be discussed in the JOINT CIP
WORKSHOP of the School Board and City Council on November 16, 1988.
Regarding Health and Related Insurance for City Employees, as per Councilman
Heischober's suggestion, the verbiage shall be changed to reflect House Bill
1051, patroned by Delegate Moss of Norfolk, would allow City and School system
employees, by way of the City Municipal Government, to enroll in the State's
Health Care Program. The measure was carried over for study by the 1988
General Assembly. Passage of this bill would accomplish the City's request.
Regarding the Merchants Capital Tax, the City supports the recommendation of
the Tax Force on short term rental equipment. Their recommendation is that a
special rental tax or fee be established payable by the renter that would be in
lieu of the short term rental equipment tax now collected. This tax or rental
fee would be structured so that it would be revenue neutral for the City. The
City Council will express their concerns in writing. Robert Vaughan,
Commissioner of the Revenue, will present information relative this item at the
next WORKSHOP on the Legislative Package.
Relative the VSRS for City Council Members, more language will be drafted.
Another BRIEFING is SCHEDULED for November 28, 1988, relative Transfer of
Development Rights. Information relative proposed ordinances and legislation
will be prepared. If Council wishes after November Twenty-eighth to pursue TDR
by way of a Charter Change, a Public Hearing must be SCHEDNED. The Tidewater
Board of Relators submitted a list of 105 questions relative Transfer of
Development Rights to which the City Manager is responding.
- 4 -
C I T Y M A N A G E R ' S B R I E F I N G
1989 LEGISLATIVE PROPOSALS
ITEM # 30332 (Continued)
Relative consideration of the proposal of a twenty-five year retirement for law
enforcement officers and Fire Fighters, the officer, after twenty-five years of
service, could retire with full benefits without regard to his or her age.
Robert Matthias advised he had rechecked with the VSRS, they had considered the
impact of same on various localities, Virginia among them. It would be .56 of
the Gross Payroll or approximately $980,000 Biennium.
- 5 -
C 0 N C E R N S 0 F T H E M A Y 0 R
ITEM # 30333
Mayor Oberndorf expressed appreciation to Phyllis Maness, Coordinat6r, as well
as the Representatives and Team Captains, for the magnificent UNITED WAY
campaign. One hundred twenty-five thousand ($125,000) dollars was PLEDGED from
City Employees.
- 6 -
C I T Y C 0 U N C I L C 0 N C E R N S
ITEld #1 Q,0334
Councilman Moss inquired relative the length of time irldividuals can h,,ive
posted bonds for developments even after completion and still not have paved
the street until as riuch as two years later. I'his has become a grievous
situation in a nufber of developatents.
ITEM # 30335
Councilinan Moss also advised tlie Internal Revenue Service is rial<ing available
to Cities of more than 250,000, ite,.nized tax iiformation which migltt provide
insight into an economic development strategy.
ITF@N@' # 30336
Vice Mayor Fentress distributed a proposal to AMEND City Code Section 2-20
relative Regular V@,eetings of City Council. Vice Mayor Feiitress suggested the
time of the rieeting for the FOURTH MONDAY be 4:00 P.@i. with the Formal Session
couir.iencing at 6:00 P.M.
ITaM # 30337
Councilwonan Henley referenced a telephone conversation Sunday, liovember 13,
1988, regarding a gentleman who represents the Baptist Ca@mp Ground called The
Anchor just below the Virginia line. The Anchor has areas available for storage
of recreational vehicles at $10.00 per r@ionth which could assist in our
citizen's storage problef!ls.
ITEM@ # 30338
Councilwor,an flenley referenced tlie area on Indian River Road, the Glenwood
subdivision across from Stumpy Lake. The fence being erected along Indian River
Road seeris to be connected to the back of the building. There i.s no setback
from the rear yard. The condition of tlie Vir-.inia Power substation also
contributes to nake this section of Indian River Road horrendous. The City
Staff will investi.@ate.
ITF14 # 30339
Vice I'layor Fentress inquired relative "etters rece-'@ved concerning "Save the
Seashore Park". V4,ce Mayor Fentress was unsure of the basis of these concerns.
The City Manager advised of an article in a Pichriond newspaper relative
concertis by a group about Seashore State Park. This issue is being studied as
a part of Joint Funded Study by the City and tlie Corinonwealth. l,iayor Oberndorf
advised these letters were encouraged by the Clean Water Action Committee who
had been informed the City would allow the land to be used for high rise
development. It !-s not the idea of any member of City Council to turn over any
of the land to local development interests.
ITDI # 30340
Councilman Baum referenced two rural precincts voting against the LAKE GASTON
Referendum Bonds. Rural residents could be adversely affected. it is iriportant
to know the difference in the two types Df bond finnacing.
- 7 -
C IT Y C 0 UN C I L C ON C E R N S
IT@l # 30341
Councilman Perry distributed photographs of a home where the front porch is now
3 inches from the house and has pulled all the brick down from the window and
door. This was relative his concern of November Seventh and a specific
contractor who is building houses for Community Development and Housing. A
report will be provided by the City Manager.
ITEM # 30342
Councilman Moss distributed information relative the northernmost eastern
Corridor Alternative for the Southeastern Expressway which goes through almost
every neighborhood in Kempsville. The Chesapeake City Council has expressed
their dissatisfaction with this proposal. This item will be SCHEDULED for the
City Cuncil Agenda ot November 21, 1988.
A BRIEFING has been also SCHEDULED by representatives of the State relative the
SOUTHEASTERN EXPRESSWAY.
- 8 -
ITEM # 30343
The INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order by
Mayor Meyera E. Oberndorf in the Conference Room, City Hall Building, on
Monday, November 14, 1988 at 1:08 P.M.
Council Members Present:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Absent:
None
- 9 -
ITFI,l # 30344
Mayor Meyera E. Oberndorf entertained a motion to permit City Council to
conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of
Virginia, as amended, for the following purposes:
1. PERSONNEL MATRERS: Discussion or consideration of employment, assignment,
appOintment, promotion, performance, demotion, salaries, disciplining or
resignation of public officers, appointees or employees.
2. PUBLICLY HELJ) 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 effect the value of property owned or desirable
for ownership by such institution.
3. LEGAL MATTERS: Consultation with legal counsel or briefings by staff
members, consultants or attorneys, pertaining to actual or potential
litigation, or other legal matters within the jurisdiction of the public
body.
Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City
Council voted to proceed into EXECUTIVE SESSION.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 10 -
F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
November 14, 1988
2:00 P.M.
Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA
BEACH CITY COUNCIL in the Council Chambers, City Hall Building, on Monday,
November 14, 1988, at 2:00 P.M.
Council Members Present:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Absent:
None
INVOCATION: Reverend Charles A. Vinson
Piney Grove Baptist Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Item IV-D. I
MINUTES ITEM # 30345
Upon motion by Councilwoman Henley, seconded by Councilman Heischober, City
Council APPROVED the MINUTES of the INFORMAL & FORMAL SESSIONS of November 7,
1988:
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
*Verbal Aye
- 12 -
Item IV-E. I
CEREMONIAL PRESENTATIONS ITEM # 30346
Mayor Oberndorf PROCLATMED the MONTHS of NOVEMBER and DECEMBER as:
ALCOHOL AND DRUG AWARENESS MONTHS
E. W. Timmons, Chairman, Alcohol and Drug Abuse Committee of the Tidewater
Automobile Association of Virginia, ACCEPTED the PROCLAMATION.
This Proclamation advised every 23 minutes someone in the United States is
killed by a drunk driver; and 418 alcohol-related fatalities occurred in 1987
in Virginia. Mayor Oberndorf urged all citizens of Virginia Beach to
participate in the Designate a Driver Program.
- 13 -
Item 1V-F.l.
PUBLIC HEARING ITEM # 30347
Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on:
PLANNING
1. PLANNING
(a) RECONSIDERATION
1. DOMINION BUILDING CORPORATION STREET CLOSURE
2. VIVIAN DOUMMAR RESCIND AND REPEAL COZ
(b) FILIPINO APOSTOLATE-ROMAN CATHOLIC CONDITIONAL USE PERMIT
DIOCESE OF RICHMOND, VIRGINIA
(c) BERNARD A. WALKER CHANGE OF ZONING
(d) RICHARD A. AND CAROLYN J. GENDRON CONDITIONAL USE PERMIT
(e) KEHILLIAT BET HAMIDRASH, KEMPSVILLE CONDITIONAL USE PERMIT
CONSERVATIVE SYNAGOGUE
(f) ROWE PROPERTIES CONDITIONAL USE PERMIT
(g) MICHAEL MADDOX t/a MATTY'S AUTO WORKS CONDITIONAL USE PERMIT
(h) STORMWATER MANAGWYT ORDINANCE AMENDMENT
(i) PASQUALE F. DIVITO APPOINTMENT OF VIEWERS
- 14 -
Item IV-F.l.a.1
PUBLTC HEARING
PLANNING ITFIII # 30348
Attorney Robert Cromwell, Pembroke One, Phone: 499-8971, represented the
applicant
Rod W. Hooper, 713 Boblink Drive, Phone: 422-6608, represented the applicant
but WAIVED the right to speak
Upon motion by Councilman Baum, seconded by Councilman Perry, City Council
WAIVED CONDITION NO. 1 in the application of DOMINION BUILDING CORPORATION for
the discontinuance, closure and abandonment of a portion of Dwyer Road.
(APPROVED, subject to compliance of conditions on March 9, 1987 and on
September 26, 1988, City Council APPROVED an additional one year DEFERRAL for
compliance until the City Council Meeting of September 25, 1989).
Application of Dominion Building Corporation for
the discontinuance, closure and abandonment of a
portion of Dwyer Road beginning at a point 455.5
feet southwest of the intersection with Dam Neck
Road and running in a westerly direction a distance
of 2782.7 feet. Said street is 40 feet in width and
contains 2.553 acres. PRINCESS ANNE BOROUGH.
The developer is dedicating and constructing an alternative right-of-way.
Condition No. 1. is WAIVED:
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.
Voting: 6-5
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, John L. Perry and
William D. Sessoms, Jr.
Council Members Voting Nay:
Barbara M. Henley, Reba S. McClanan, John D. Moss,
Mayor Meyera E. Oberndorf and Nancy K. Parker
Council Members Absent:
None
ORDT@IANCE NO.
IN THE YLATTER OF CLOSING, VAC@TING, AND DISCONTINUING A PORTION
OF TIIAT CERTAII; STREET KNOWN AS DWYER ROAD, LOCATLD -@N THE
KEMPSVILLE BOROUGH OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AS
SHOViN ON THAT CERTAIM PLAT EMTITLED, "PLAT OF A PORTION OF DWYER
ROAD TO BE CLOSED", PRINCE,QF ANNE BORCUGH - VIRGINIA BEACH,
VIRGINIA, MADE BY JOIIN E. SIRINE AND ASSOCIA@'ES, LTD., SUFVEYORS
- LNGINEERS - L@LANNERS, DATED JUNE, l@386, WHTCH PI,AT IS RECCRDI-',D
IN TIIE OFFICE OF THE CI)@Cljlj' COURT OF TIIE CITY OF
V@RGINIA BEACII, VIRGINIA, !N i%!AP BOOK AT PAGE
WHEREAS, it appearing by affidavit that proper liotice
has been giveii bv Dominion Building Corporation, that it woul-d
make appi.ication to the Council of the City o@. Virginia Beach,
198L to have -,he
V'.tgin-'.a, on
hereinafter described street discontinued, closed and vacated;
and
WHEREAS, it j.-- the judgment of the Council that said
street be discontinued, closed and vacated;
NOW, TIIEREFORE,
SECTION I
BE '-T ORDAINED by the Cotincil of the City of Virginizi
Beach, Virginia, that the hereinafter de.,@cribed street be
discontinued, closed and vacated:
BEGINNING at a poi.rit on the Northern Right-of-Way line
of Dwycr Road 455.511 ciest of the South Wcstern corner
of the intersection of Dam Neck Road and Dwyer Road,
whicli point is hcreby known as the point of beginning;
thencc running S 06 0 031 04" W 22.131 to a point,
thence continuing S 230 131 15" E 20.061 to a point on
tlie Southern Right-of-Way line of Dwyer Road; thence
runriing in a Southerly direction along tlie Southern
Right-of-Way line of Dwyer Roir-I along a curve
A=121.7'.', R=696.411 to a point; thence continuing S
810 01' 02" W 77.871 to a point; thence continuing
along a curve A=232.74', R=1449.58' to a point; t--henc;e
continuing N 89 0 47' 01" W 563.80' to a point; thence
continuing xlong a curve A=223.271 R=412.26' to a
point; thence continuing S 59 0 111 09" W 277.47' to a
1)oint; thence continuing along the curve A=204.05',
R=790.541 to a point; thence continuing S 730 581 3011 W
197.63' to a point; therice continuing along the curve
A=474.59" R=529.451 to a point; thence coiitiriuing N
54 0 39' 57" W 340.54' to a point; thence continuing
along the curve A@69.98', R=96.33' thence turning and
running N 060 171 27" W 40.001 to a point on th('
Nortliern Right-of-Way line of Dwycr Road; thence
turning and running along thc@ curve.A=99.04', R=136.33'
to a poiiit; thence continuing S 54 0 391 57" E 340.54'
to a point; thence running along the curve A=438.741,
R=489.451 to a point; thence continuing N 730 58' 30" E
197.63' to a point; tlieiice- continuing along the curve
A=193.73', R=750.541 to a point; thence continuiilg N
59 0 111 09" E 277.47' to a point; thence coritinuing
along the curve 0A=244.94', F,=452.26 to a point; thence
continuing S 89 47' 01." E 563.80' to a point; thence-
continuing along the curve A@'Z'-16.32', R=1409.58' to a
point; thence contiiiuing 14 81 0 01' 02" E 77.871 to a
point; thence continuing along the curve A=122.621,
R=656.41 to the point of b-oginning. The foregoing
property is more particularly described ort @i certain
plat shc)wing a portion of Dwyer Road to be closed.
Said parcel of .1-and being a porticn of Dwver Road as indicate(I ori
certain pl-at of property to be vacated along existing Dwver Road
for Dominion Building Corporation, which plit is recorded in the
Clerk's Office of the Circuit Court of the City of Virginia
r,each, Virginia, in Plap rook at Page and
which is made a part hereof by reference.
SECTION II
A certified copy of this Ordiriance shall be. fil(.-cl i,n
the Office of the Circuit Court of the City of Virgiiiia Beach,
indexed in the name of the City of Virgiriia Beach, @is grantoi7.
SECTION III
Adopted:
This ordinance shall be effective sixty (60) days from the
date of its adoption.
- 15 -
Item IV-F.I.a.2
PUBLIC HEARING
PLANNING I'I'Fll # 30349
Jonathan Dobbs, advised he has since purchase the property and wished the
property to be the way originally zoned. The conditions of the rezoning have
never been met. Jonathan Dobbs wishes to build single-family houses on the
property rather than condos.
Upon motion by Vice Mayor Fentress, seconded by Councilman Balko, City Council
ADOPTED:
Resolution to RESCIND Zoning Approved May 5, 1986,
for a Change of Zoning District Ciassitication from
R-6 Residential District to A-2 Apartment District
for property owned by VIVIAN DOUMMAR, located on
the South side of 23rd Street, 195 feet East of
Barberton Drive, consisting of lots 13 thru 20,
Block 11, Woodland, containing 34,063.9 square feet
(LYNNHAVEN BOROUGH)
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
@'entress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
1 RESOLUTION TO RESCIND AND REPEAL A CHANGE OF
2 ZONING DISTRICT CLASSIFICATION FROM R-6
3 RESIDENTIAL DISTRICT TO A-2 APARTMENT
4 DISTRICT FOR PROPERTY OWNED BY VIVIAN
5 DOUMMAR, LOCATED ON THE SOUTH SIDE OF 23RD
6 STREET, 195 FEET EAST OF BARBERTON DRIVE,
7 CONSISTING OF LOTS 13 THRU 20, BLOCK 11,
8 WOODLAND, IN THE LYNNHAVEN BOROUGH
9
10
11 WHEREAS, on May 5, 1986, the Council of the City of Virginia
12 Beach approved the rezoning application of Vivian Doummar from
13 R-6 to A-2 on Lots 13 thru 20, Block 11, Woodland, in the
14 Lynnhaven Borough, and
15 WHEREAS, the rezoning of the aforestated property was
16 conditioned upon the resubdivision of the property for the
17 purpose of eliminating interior lot lines, and
18 WHEREAS, the zoning map has not been changed to reflect the
19 A-2 zoning classification because of the failure to satisfy the
20 condition concerning resubdivision, and
21 WHEREAS, the owner of the aforestated property has requested
22 the City Council to rescind and repeal its earlier action in
23 approving the rezoning request and to permit development of the
24 property as zoned R-6 (now R-7.5).
25 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
26 VIRGINIA BEACH, VIRGINIA
27 That the ordinance approving the rezoning application of
28 Vivian Doummar from R-6 to A-2, granted on May 5, 1986, for
29 property described as Lots 13 thru 20, Block 11, Woodland, in the
30 Lynnhaven Borough, is hereby rescinded and repealed.
31
32 Adopted by the Council of the city of virginia Beach,
3 3 Virginia, on the 14 day of November 1988.
34
35 GLF/ds
36 Date: October 18, 1988
37 November 9, 1988
38 CA- 2984
- 16 -
Item IV-F.l.b.
PUBLIC HEARING
PLANNING ITEM # 30350
Father Leo 0. Manalo, 5405 Homeward Drive, represented the applicant
Upon motion by Councilman Moss, seconded by Councilman Balko, City Council
ADOPTED an Ordinance upon application of FILIPINO APOSTOLATE-ROMAN CATHOLIC
DIOCESE OF RICHMOND, VIRGINIA for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF FILIPINO APOSTOLATE-
ROMAN CATHOLIC DIOCESE OF RICHMOND, VIRGINIA, FOR A
CONDITIONAL USE PERMIT FOR A CHURCH/SPTRITUAL
CENTER R011881179
BE TT HEREBY ORDATNED BY THE COUNCIL OF THE CTTY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Filipino Apostolate-
Roman Catholic Diocese of Richmond, Virginia, for a
Conditional Use Permit for a church/spiritual
center on the east side of Indian River Road, 500
feet more or less south of Stumpy Lake Lane. Said
parcel is located at 4556 Indian River Road and
contains 6 acres. Plats with more detailed
information are available in the Department of
Planning. KEMPSVILLE BOROUGH.
The following conditions shall be required:
1. The utilization of Best Management Practices for
controlling stormwater runoff which are reasonably
applicable to the development of the site and in
keeping with the recommendations for the proposed
Back Bay/North Landing River Management District.
2. In accordance with the City's Master Street and
Highway Plan, a right-of-way dedication of
approximately ten feet (10') will be required along
the entire frontage along Indian River Road. The
exact right-of-way dedication will be determined
during detailed site plan review.
3. Outdoor activities shall cease by 10:00 P.M.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Fourteenth day of November, Nineteen Hundred and Eighty-eight.
- 17 -
Item IV-F.l.b.
PUBLIC HEARING
PLANNING ITEM # 30350 (Continued)
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Ploss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 18 -
Item IV-F.I.c.
PUBLIC HEARING
PLANNING ITEM # 30351
Bernard Walker, the applicant, represented himself
Upon motion by Councilwoman Henley, seconded by Councilwoman Parker, City
Council ADOPTED an Ordinance upon application of BERNARD A. WALKER for a
Conditional Use Permit:
ORDINANCE UPON APPLICATION OF BERNARD A. WALKER FOR
A CONDTTIONAL USE PERMIT FOR A STNGLE FAMILY
RESIDENCE IN THE AG-1 AGRICULTURAL DISTRICT
R011881180
BE TT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Bernard A. Walker for
a Conditional Use Permit for a single family
residence in the AG-1 Agricultural District on
certain property located on the south side of
Indian River Road, 600 feet more or less west of
New Bridge Road. Said parcel contains 10.729 acres.
Plats with more detailed information are available
in the Department of Planning. PUNGO BOROUGH
The following conditions shall be required:
1. This site will require the necessary approval from
the Health Department for the installation of a
well, septic tank and drainfield.
2. In accordance with the City's Master Street and
Highway Plan, a right-of-way reservation is
required along the entire Indian River Road
frontage to provide for an ultimate four lane (4),
divided arterial. Approximately thirty-one feet
(31') of reservation will be required.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Fourteenth day of November, Nineteen Hundred and Eighty-eight.
- 19 -
Item IV-F.I.c.
PUBLIC HEARING
PLANNING ITEM # 30351 (Continued)
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 20 -
Item IV-F.l.d.
PUBLIC HEARING
PLANNING ITEM # 30352
Carolyn J. Gendron, the applicant, represented herself
Upon motion by Councilman Moss, seconded by Vice Mayor Fentress, City Council
ADOPTED an Ordinance upon application of RICHARD A. AND CAROLYN J. GENDRON for
a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF RICHARD A. AND
CAROLYN J. GENDRON @'OR A CONDITIONAL USE PEPJIIT FOR
A HO@IE FOR THE ELDERLY R011881181
BE ii' HEREBY ORDAINED BY THE COUNCIL O@' 'rHE CI'I'Y O@' VIRGINIA BEACH, VTRGINIA
Ordinance upon application of Richard A. and
Carolyn J. Gendron for a Conditional Use Permit for
a home for the elderly on the west side of Salem
Road, 381.14 feet south of Salem Woods Road. Said
parcel is located at 1453 Salem Road and contains 2
acres Plats with more detailed intormation are
available in the Department of Planning. KEMPSVILLE
BOROUGH.
The following conditions shall be required:
1. Van transportation service shall be provided to
residents.
2. There shall be no more than twenty-five (25)
residents permitted.
3. In accordance with the City's Master Street and
Highway Plan and the Salem Road preliminary
alignment on file, a variable width dedication is
required along the entire Salem Road frontage to
provide for an ultimate six lane (6), divided
arterial with a bikeway. Approximately forty-two
and one-half feet (42.5') of right-of-way
dedication will be required.
4. The utilization of Best Management Practices for
controlling stormwater runoff which are reasonably
applicable to the development of the site and in
keeping with the recommendations for the proposed
Back Bay/North Landing River Management District.
5. No median cuts will be allowed for this site when
Salem Road is built to four lanes (4).
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Fourteenth day of November, Nineteen Hundred and Eighty-eight.
- 21 -
item IV-@'.I.d.
PUBLIC HEARING
PLANNING ITEM # 30352 (Continued)
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Playor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 22 -
Item IV-F.2.e.
PUBLIC HEARING
PLANNING ITEM # 30353
Leslie R. Watson, One Columbus Center, represented the applicant
Upon motion by Councilman Moss, seconded by Councilman Sessoms, City Council
ADOPTED an Ordinance upon application of KEHILLIAT BET HAMIDRASH, KEMPSVILLE
CONSERVATIVE SYNAGOGUE for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF KEHILLIAT BET
HAMIDRASH, KEMPSVILLE CONSERVATION SYNAGOGUE FOR A
CONDITIONAL USE PERMIT FOR A SYNAGOGUE R011881182
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGTNIA BEACH, VIRGINIA
Ordinance upon application of Kehilliat Bet
Hamidrash, Kempsville Conservative Synagogue for a
Conditional Use Permit for a church (synagogue) on
the south side of Providence Road, 730 feet more or
less west of Luke Drive. Said parcel is located at
4937 Providence Road and contains 4.69 acres. Plats
with more detailed information are available in the
Department of Planning. KEMPSVTLLE BOROUGH.
The following Conditions shall be required:
1. The utilization of Best Management Practices for
controlling stormwater runoff which are reasonably
applicable to the development of the site
2. In accordance with the Master Street and Highway
Plan a right-of-way reservation of approximately
sixteen feet (16') is required along the entire
frontage of this site on Providence Road.
Additionally, an eight foot (8') right-of-way
reservation is required along the entire parcel
adjoining the proposed extension of Indian Lakes
Boulevard.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Fourteenth day of November, Nineteen Hundred and Eighty-eight.
- 23 -
Item IV-F.2.e.
PUBLIC HEARING
PLANNING ITEM # 30353 (Continued)
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 24 -
Item IV-F.I.f.
PUBLIC HEARING
PLANNING ITEM # 30354
Attorney R. J. Nutter, II, 2809 South Lynnhaven Road, Site 230, Phone: 431-3100
Upon motion by Councilman Moss, seconded by Councilwoman Parker, City Council
ADOPTED an Ordinance upon application of ROWE PROPERTIES for a Conditional Use
Permit:
ORDINANCE UPON APPLICATION OF ROWE PROPERTIES FOR A
CONDITIONAL USE PERMTT FOR AN EATING AND DRTNKING
ESTABLlSHMENT R011881183
BE I'f HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Rowe Properties -
Corporate Woods, L.P., for a Conditional Use Permit
for an eating and drinking establishment at the
southeast corner of Grayson Road and Corporate
Woods Drive. Said parcel is located at 5041
Corporate Woods Drive and contains 800 square feet.
Plats with more detailed information are available
in the Department of Planning. KEMSPVILLE BOROUGH.
The following conditions shall be required:
1. The restaurant shall not exceed @ eight hundred
and ten (810) square feet in size.
2. The establishment is to be located entirely within
the office building with no separate outside
entrance.
3. Operation of this facility shall be limited to
normal working hours Monday thru Saturday.
4. The applicant shall not apply for an ABC license.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Fourteenth day of November, Nineteen Hundred and Eighty-eight.
- 25 -
Item IV-F.2.f.
PUBLIC HEARING
PLANNING ITE@L # 30354 (Continued)
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 26 -
item I .1. -
PUBLIC HEARING
PLANNING ITF24 # 30355
Johnathan S. Guion, 4000 World Trade Center East, Norfolk, Phone: 640-7515
Upon motion by Councilman Moss, seconded by Councilwoman Parker, City Council
DEFERRED until the City Council Meeting of November 28, 1988, an Ordinance upon
application of MI[CHAEL 14ADDOX t/a MATIY'S AUTO WORKS for a Conditional Use
Permit:
ORDINANCE UPON APPLICATION OF MTCHAEL MADDOX t/a
MATTY'S AUTO WORKS FOR A CONDITTONAL USE PERMIT FOR
AN AUTOMOBTLE REPATR AND BODY WORK ESTABLISMAENT
Ordinance upon application of Michael Maddox T/A
Matty's Auto Works for a Conditional Use Permit for
an automobile repair and body work establishment on
the east side of South Military Highway, 1000 feet
north of Alexandria Avenue. Said parcel is located
at 736 South Military Highway and contains 20,038
square feet. Plats with more detailed information
are available in the Department of Planning.
KE@IPSVILLE BOROUGH.
This DEFERRAL will enable presentation of an artist's rendering depicting the
Conditional Use Permit and a better description of the applicants intention.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker and John L. Perry
Council Members Voting Nay:
None
Council Members Abstaining:
William D. Sessoms, Jr."
Council Members Absent:
None
*Councilman Sessoms ABSTAINED as he does business with the owner of the
property.
- 27 -
Item IV-F.I.h.
PUBLIC HEARING
PLANNING ITEM # 30356
The City Manager advised the staff requires additional time to complete the
review of the proposed amendment to the Stormwater Management Ordinance in
order to fully evaluate budget and staffing impacts. The amendments to the
Stormwater Management Ordinance need to be reviewed with the Stormwater
Management Plan which City Council received a BRIEFING on October 24, 1988.
Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City
Council DEFERRED INDEFINITELY:
Ordinance to AMEND and REORDAIN the STORMWATER
MANAGEMENT ORDINANCE.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 28 -
Item IV-F.l.i.
PUBLIC HEARING
PLANNING ITEM # 30357
Attorney Glenn Croshaw, Tenth Floor One Columbus Center, represented the
applicant
Upon motion by Councilman Balko, seconded by Vice Mayor Fentress, City Council
ADOPTED:
Ordinance appointing viewers in the petition of
PASQUALE F. DIVITO for the closure of a portion of
Page Avenue (LYNNHAVEN BOROUGH).
The Viewers are:
David Grochmal Director of General Services
C. Oral Lambert, Jr. Director of Public Works
Robert J. Scott Director of Planning
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
ORDINANCE APPOINTING VIEWERS
WHEREAS, Pasquale F. DiVito, has given due and proper notice,
in accordance with the statutes for such cases made and provided that
they will on the 14th day of November, 1988, 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 protion of that certain Stre,t of variable width, and has
filed such application with said Council.
NOW, THEREFORE, be it ORDAINED by the Council of the City of
Virginia Beach, Virginia:
That C. Oral Lambert, ir.
Robert J. Scott
and David Grochmal and hereby
appoint tO view the below describe'd 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 street of variable width located
in the City of Virginia Beach, Virginia, and more particularly described
as follows:
Beginning at a point where the northerly right-of-way
line Of Page Avenue intersects the westerly right-of-
way line of Jade Street, the point of beginning;
thence proceeding North 27 degrees 08 minutes 10
seconds West, 60.01 feet to a point; thence turning
and proceedinff along a curve to the right having a
radius of 187@.07 feet, an arc distance of 334.60
feet and a chord of North 67 degrees 04 minutes 03
seconds East, 334.16 feet to a point; thence turning
and proceeding South 17 degrees 48 minutes 44 seconds
East, 60.00 feet to a point; thence turning and
proceeding along a cuive to the left, having a radius
of 1812.07 feet, an arc distance of 324.84 feet and a
chord of South 67 degrees 03 minutes 08 seconds West,
324.41 feet to the point of beginning. Said parcel
conLains 19,783 square feet or 0.4542 acres.
All of the above, as shown upon that certain plat and
physical survey entitled plat of street closure of a portion of Page
Avenue as shown on plat of Lynnhaven Shores (map Book 7, page 167),
Lynnhaven Borough, Virginia Beach, Virginia, made by W. P. Large, Inc.,
dated September 29, 1988.
PATT/8274.6.C
November 14, 1988
Adopted:
@IUIV Of Vir@ifila
City of Norfolk AFFIDAVIT
This day
appeared before me ond ofter being duly s,orn made oath that: personolly
(1) (He) (She) is affidavit clerk of Virginian Pilot Ledge, Star
a ne-spoper published by Landmark Communications, inc., in the cities of Norfolk, Portsmouth,
Chesapeake, Suffolk and Virginia Beach, State of Virginia;
(2) Thcit the ad,,ertisement hereto annexed of street closing
newspaper on the following dates: hos been published in said
7t] 88
Subscribed ond sworn to before me in my city and state aforesaid this Affiant
M ZIa; of mber 19 @8
@Y COMM"- ExpirlS Aiay 2 1991 19 2
Notory Public
WNICE
TAKE
d-
mi
ow.
31.
Al UW ii- ~W
AtWIM
@c.
LYLE, SIEGEL, CROSHAW & BEALE
R. I . . @ I . . 11 @.@ @. Al
ATTORNEYS AT LAW
ICSEIH L. LYLE, l@. ONE COLUMBUS CENTER DAVID S. RUDIGER
L-RE@CE R. IEGEL BETTY .. MICHELSON
GLENN .. ...5HA. POST OFFICE BOX 6:888 @ILLIA. C. 815..Ol@
RI@AR. .. EA@. VIRGINIA BEACH, VA, 23462 STEVEN J HARWOOD
DA@D @. RE DA SUSAN C. ALPER
.AR. S. S.ITH IEL@COPIER (80.) .90-2167 STEPHEN J. EC.@ES
JONATHAN L. AU5ER
.AYN. G..OUZA TELEX 887417
JA.ES C. LEWIS -
LESLIE R. WATSO@ TELEPHONE (804) 490-6000 OWEN B. PICKETT
- EDWARD 5. GARCIA. JR.
DIRECT DIAL 490-63
CERTIFICATE OF VESTING TITLE
1, William C. Bischoff, attorney for Pasquale F. DiVito, do
hereby certify that:
1. I am an attorney at law and represent Pasquale F. Divito,
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 Island Motel Incorporated, with the
leasehold interest in Pasquale F. DiVito.
The said property referred to herein is hereby described as
follows:
Beginning at a point where the northerly right-of-way
line of Page Avenue intersects the westerly right-of-
way line of Jade Street, the point of beginning;
thence proceeding North 27 degrees 08 minutes 10
seconds West, 60.01 feet to a point; thence turning
and proceeding along a curve to the right having a
radius of 1872.07 feet, an arc distance of 334.60
feet and a chord of North 67 degrees 04 minutes 03
seconds East, 334.16 feet to a point; thence turning
and proceeding South 17 degrees 48 minutes 44 seconds
East, 60.00 feet to a point; thence turning and
proceeding along a curve to the left, having a radius
of 1812.07 feet, an arc distance of 324.84 feet and a
chord of South 67 degrees 03 minutes 08 seconds West,
324.41 feet to the point of beginning. Said parcel
contains 19,783 square feet or 0.4542 acres.
LYLE, SIEGEL, CROSHAW & BEALE
All of the above, as shown upon that certain plat and physical
survey entitled plat of street closure of a portion of Page Avenue as
shown on plat of Lynnhaven Shores (Map Book 7, page 167), Lynnhaven
Borough, Virginia Beach, Virginia, made by W. P. Large, Inc., dated
September 29, 1988.
William C. Bischoff, Atto ey for
Pasquale F. DiVito
GRC/8295.2.C
-2-
NOTICE
PLEASE TAKE NOTICE, that at the meeting of the City Council
of the City of Virginia Beach, Virginia, to be held on the 14th day of
November, 1988, at 2:00 p.m., at the City Hall of the City of Virginia
Beach, Princess Anne Station, the undersigned will petition the Council
for the appointment of Viewers to view the below-described portion of
that certain street and report to the City Council whether in the
opinion of the Viewers, what, if any inconvenience would result from the
vacating, closing and discontinuance of same, the said portion of said
street being described as follows:
Beginning at a point where the northerly right-of-way
line of Page Avenue intersects the westerly right-of-
way line of Jade Street, the point of beginning;
thence proceeding North 27 degrees 08 minutes 10
seconds West, 60.01 feet to a point; thence turning
and proceeding along a curve to the right having a
radius of 1872.07 feet, an arc distance of 334.60
feet and a chord of North 67 degrees 04 minutes 03
seconds East, 334.16 feet to a point; thence turning
and proceeding South 17 degrees 48 minutes 44 seconds
East, 60.00 feet to a point; thence turning and
proceeding along a curve to the left, having a radius
of 1812.07 feet, an are distance of 324.84 feet and a
chord of South 67 degrees 03 minutes 08 seconds West,
324.41 feet to the point of beginning. Said parcel
contains 19,783 square feet or 0.4542 acres.
All of the above, as shown upon that certain plat and
physical survey entitled plat of street closure of a portion of Page
Avenue as shown on plat of Lynnhaven Shores (Map Book 7, page 167),
Lynnhaven Bcrougi,, Virginia Beach, Virginia, made by W. P. Large, Inc.,
dated September 29, 1988.
At that time, anyone affected may appear and present his
-1-
views.
After the report of the Viewers is received, at the next
regular meeting of the City Council, or as soon thereafter as the matter
may be placed on the agenda, the undersigned will petition the City
Council to vacate, close and discontinue that portion of Page Avenue in
the City of Vir@a Beach, Virginia, described above.
(a@uale F. DiVito
Of,-CouiTsel
William C. Bischoff, Esquire
Lyle, Siegel, Croshaw St Beale, P.C.
Tenth Floor
One Columbus Center
Virginia Beach, Virginia 23462
(804) 490-6000
PATT/8274.2.C
-2-
IN THE MATTER OF THE CLOSING, VACATING
AND DISCONTINUING A PORTION OF THAT
CERTAIN STREET KNOWN AS PAGE AVENUE,
AS SHOWN ON THAT CERTAIN PLAT ENTITLED
"PLAT OF STREET CLOSURE OF A PORTION OF
PAGE AVENUE, AS SHOWN ON PLAT OF
LYNNHAVEN SHORES (MAP BOOK 7, PAGE
167) LYNNHAVEN BOROUGH, VIRGINIA
BEACH, VIRGINIA, WHICH PLAT Is
ATTACHED HERETO.
PETITION
TO: THE MAYOR AND THE MEMBERS OF THE CITY COUNCIL OF
THE CITY OF VIRGINIA BEACH, VIRGINIA
Your Petitioner, Pasquale F. DiVito, 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:
Beginning at a point where the northerly right-of-way
line of Page Avenue intersects the westerly right-of-
way line of Jade Street, the point of beginning;
thence proceeding North 27 degrees 08 minutes 10
seconds West, 60.01 feet to a point; thence turning
and proceeding along a curve to the right having a
radius of 1872.07 feet, an arc distance of 334.60
feet and a chord of North 67 degrees 04 minutes 03
seconds East, 334.16 feet to a point; thence turning
and proceeding South 17 degrees 48 minutes 44 seconds
East, 60.00 feet to a point; thence turning and
proceeding along a curve to the left, having a radius
of 1812.07 feet, an arc distance of 324.84 feet and a
chord of South 67 degrees 03 minutes 08 seconds West,
324.41 feet to the point of beginning. Said parcel
contains 19,783 square feet or 0.4542 acres.
All of the above, as shown upon that certain plat and
physical survey entitled plat of street closure of a portion of Page
-1-
Avenue as shown on plat of Lynnhaven Shores (Map Book 7, page 167).
Lynnhaven Borough, Virginia Beach, Virginia, made by W. P. Large, Inc.,
dated September 29, 1988. 1
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 Co@cil on or before the 14th day of November, 1988,
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 27th day of October, 1988, and on the 3rd day
of November, 1988, notice of the presenting of this application was
published in the Beacon, a newspaper of general circulation in the City
of Virginia Beach, Virginia.
4. That there are no fee simple owners of all land along and
adjacent to and affected by said portion,of the platted street.
PASQUALE F. DIVITO ,
Bv @4,iLx@
01 Couns
William C. Bischoff, Esquire
Lyle, Siegel, Croshaw & Beale, P.C.
Tenth Floor
One Columbus Center
Virginia Beach, Virginia 23462
(804) 490-6000
PATT/8274.5.C
-2-
ORDINANCE NO.
IN THE MATTER
AND DISCONTINI VACATING
CERTAIN STREEI OF THAT
AS @HOWN ON Tfb AVENUE.
"PLAT OF STREI ENTITLEli
OF PORTION
LYN PLAT OF
167' 7. PAGE
BOROUGE
BEA VIRGINIA
ATT WlilCH PLAT is
WHEREAS, appearing bY affidavit that proper notice has
been give, by Pasquale F. DiVito that it I'lluld ake aPPlication to the
COUncil of the C'ty Of Virginia B@ach, Virginia, on the 14th day f
NOvember, 1988, to have the hereinafter described street discontinued,
closed, -d vacated; and
IVHEREAS, it i' the judgment of the COuncil that said street
be dis continued, -1-.ed, -d vacated;
NOW, THEREFORE,
SECTION I
-BE IT ORDAINED by the Council Of the C'ty Of Virginia
]3each, Virginia, that the hereinafter described street be discontinued,
closed, -d vacated:
Beginning at a Plint where th
line of Page A -
way line Of yenue interseci
,ade Street, t f-
thellee Procee 1.
aing North 27 ginning;
tes 10
turning
aving a
334.60
m nutes 03
p turning
Seconds
turning and
proceeding along a curve to the left, having a radius
of 1812.07 feet, an arc distance of 324.84 feet and a
chord of South 67 degrees 03 minutes 08 seconds West,
324.41 feet to the point of beginning. Said parcel
contains 19,783 square feet or 0.4542 acres.
All of the above, as shown upon that certain plat and
physical survey entitled plat of street closure of a portion of Page
Avenue as shown on plat of Lynnhaven Shores (Map Book 7, page 167),
Lynnhaven Borough, Virginia Beach, Virginia, made by W. P. Large, Inc.,
dated September 29, 1988.
SECTION 11
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
GRC/8274.7.C
-2-
B40CK 3
4 YNi IHA VIRN SHORES
140. S. 29,- Pa 32)
2 3 - 4
@N67@@4 @ o@ ,e
R91872-07'
PAGE' Is
.-Ialo 117
CH=
it POR
4 A VEA
C40 /9, 783 SO. F:
0. 4542 AC@
cy
SHORE (/00) DRIVE
PE R
HEN Y'l
TOWERS.
VEN
I OCA 7'ION IWA,-
[SCALE:l,,z2ooo,
GRAPHIC SCALC
/00 0 /00,
300
PLA7'
OF
5 7REE 7' CL OSURE
OF
A POR7'ION OF PAGE AVENUE
AS SHOWN O/V
PLA7'OF
I-.YNNHA VEN SHORES (,Y. 8.7, PG. 167)
L YNNHA VEN 8oROUGH- VIRGINIA 8EACH, VIRGINIA
SCAI E / ,Z/oo, W. P. LAAGE. INC. sepr 29,1-988
.111.IA ....l
LEGAL DESCRIPTION
Beginning at a point where the northerly right-of-way
line of Page Avenue intersects the westerly right-of-
way line of Jade Street, the point of beginning;
thence proceeding North 27 degrees 08 minutes 10
seconds West, 60.01 feet to a point; thence turning
and proceeding along a curve to the right having a
radius of 1872.07 feet, an arc distance of 334.60
feet and a chord of North 67 degrees 04 minutes 03
seconds East, 334.16 feet to a point; thence turning
and proceeding South 17 degrees 48 minutes 44 seconds
East, 60.00 feet to a point; thence turning and
proceeding along a curve to the left, having a radius
of 1812.07 feet, an arc distance of 324.84 feet and a
chord of South 67 degrees 03 minutes 08 seconds West,
324.41 feui to the point of beginning. Said parcel
contains 19,783 square feet or 0.4542 acres.
All of the above, as shown upon that certain plat and
physical survey entitled plat of street closure of a portion of Page
Avenue as shown on plat of Lynnhaven Shores (Map Book 7, page 167),
Lynnhaven Borough, Virginia Beach, Virginia, made by W. P. Large, Inc.,
dated September 29, 1988.
PASQUALE F. DIVITO
Street Closure - Page Avenue
Lynnhaven Borough
- 29 -
Item IV-G.I.a-p.
ORDINANCES ITEM # 30358
Upon motion by Councilman Heischober, seconded by Vice Mayor Fentress, City
Council ADOPTED:
Ordinances authorizing ACQUTSITION OF PROPERTY for
right-of-way for the Lake Gaston Water Pipeline and
the ACQUISITION OF TEMPORARY AND PERMANENT
EASEMENTS OF right-of-way, either by agreement or
condemnation:
Windsor District, Isle of Wight County, Virginia
-- Parcels 141 through 158.
Windsor District, Isle of Wight County, Virginia
-- Parcel 159.
Windsor District, Isle of Wight County, Virginia
-- Parcel 159-A.
Windsor District, Isle of Wight County, Virginia
-- Parcels 160-A and 163-A.
Windsor District, Isle of Wight County, Virginia
-- Parcels 164 through 170.
Drewryville District, Southampton County,
Virginia -- Parcel 140-A.
Nottoway District, Greensville County, Virginia
-- Parcels 080, 084 and 086.
Nottoway District, Greensville County, Virginia
-- Parcels 087 and 088.
Nottoway District, Greensville County, Virginia
-- Parcels 090 through 093, 096, 097, and 099
through 103.
Nottoway District, Greensville County, Virginia
-- Parcels 114 and 115.
Nottoway District, Greensville County, Virginia
-- Parcels 123 through 135.
Belfield District, Greensville County, Virginia
-- Parcels 068 through 074.
Sturgeon District, Brunswick County, Virginia
Parcel 065.
Sturgeon District, Brunswick County, Virginia
Parcels 066 through 068.
Powellton District, Brunswick County, Virginia
Parcels 001 through 010.
Powellton District, Brunswick County, Virginia
Parcels 012, 014 through 018, 021, 023 through
037, 039, 042 through 045, 048 and 049.
Powellton District, Brunswick County, Virginia --
Parcel 064.
- 30 -
Item IV-G.I.a-p.
PUBLIC HEARING ITEM # 30358 (Continued)
PLANNING
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
1 AN ORDINANCE TO AUTHORIZE ACQUISITION OF
2 PROPERTY FOR RIGHT OF WAY FOR THE LAKE GASTON
3 WATER PIPELINE AND THE ACQUISITION OF
4 TEMPORARY AND PERMANENT EASEMENTS OF RIGHT OF
5 WAY, EITHER BY AGREEMENT OR CONDEMNATION
6 WHEREAS, in the opinion of the Council of the City of
7 Virginia Beach, Virginia, a public necessity exists for the
8 construction of this important water pipeline to provide a source
9 of raw water supply to the City and for other public purposes for
10 the preservation of the safety, health, peace, good order,
11 comfort, convenience, and for the welfare of the people in the
12 City of Virginia Beach:
13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
14 VIRGINIA BEACH, VIRGINIA:
15 Section 1. That the City Attorney, or his designee, is
16 hereby authorized and directed to acquire by purchase or
17 condemnation pursuant to Sections 15.1-292, et seq., 15.1-898,
18 15.1-899, 25-46.1, et seq., 25-232, et seq., and 33.1-119, et
19 seq., Code of Virginia of 1950, as amended, all that certain real
20 property, including temporary and permanent easements of right of
21 way as shown on the plats entitled "Plats showing Acquisition for
22 Lake Gaston Water Supply Project (CIP 5-964), Windsor District,
23 Isle of Wight County, Virginia, prepared by Rouse-Sirine
24 Associates Ltd., December 1986, Parcels 141 through 158," these
25 plats being on file in the Department of Public Utilities, Water
26 Resource Division Office, Virginia Beach, Virginia.
27 Section 2. That the City Attorney, or his designee, is
28 hereby authorized to make or cause to be made on behalf of the
29 City of Virginia Beach, to the extent that funds are available, a
30 reasonable offer to the owners or persons having an interest in
31 said lands. If refused, the City Attorney, or his designee, is
32 hereby authorized to institute proceedings to condemn said
33 property.
3 5 That an emergency is hereby declared to exist and this
36 ordinance shall be in force and effect from the date of its
37 adoption.
38 Adopted by the Council of the City of Virginia Beach,
39 Virginia, on the 14 day of November 1 19 88 -
40 Gastonl4.ord
41 CA-88-3003
42 KJC/dhh
10/24/88
1 AN ORDINANCE TO AUTHORIZE ACQUISITION OF
2 PROPERTY IN FEE SIMPLE FOR RIGHT OF WAY FOR
3 THE LAKE GASTON WATER PIPELINE AND THE
4 ACQUISITION OF TEMPORARY AND PERMANENT
5 EASEMENTS OF RIGHT OF WAY, EITHER BY
6 AGREEMENT OR CONDEMNATION
7 WHEREAS, in the opinion of the Council of the City of
8 Virginia Beach, Virginia, a public necessity exists for the
9 construction of this important water pipeline to provide a source
10 of raw water supply to the City and for other public purposes for
11 the preservation of the safety, health, peace, good order,
12 comfort, convenience, and for the welfare of the people in the
13 City of Virginia Beach:
14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
15 VIRGINIA BEACH, VIRGINIA:
16 Section 1. That the City Attorney, or his designee, is
17 hereby authorized and directed to acquire by purchase or
18 condemnation pursuant to Sections 15.1-292, et seq., 15.1-898,
19 15.1-899, 25-46.1, et seq., 25-232, et seq., and 33.1-119, et
20 seq., Code of Virginia of 1950, as amended, all that certain real
21 property in fee simple, including temporary and permanent
22 easements of right of way as shown on the plats entitled "Plats
23 showing Acquisition for Lake Gaston Water Supply Project (CIP 5-
24 964), Windsor District, Isle of Wight County, Virginia, prepared
25 by Rouse-Sirine Associates Ltd., July 7, 1987, Parcel 159,11
26 these plats being on file in the Department of Public Utilities,
27 Water Resource Division Office, Virginia Beach, Virginia.
28 Section 2. That the City Attorney, or his designee, is
29 hereby authorized to make or cause to be made on behalf of the
30 City of Virginia Beach, to the extent that funds are available, a
31 reasonable offer to the owners or persons having an interest in
32 said lands. If refused, the City Attorney, or his designee, is
33 hereby authorized to institute proceedings to condemn said
34 property.
3 5 That an emergency is hereby declared to exist and this
36 ordinance shall be in force and effect from the date of its
37 adoption.
38 Adopted by the Council of the City of Virginia Beach,
14 November 88
39 Virginia, on the day of 19
40 Gastonl5.ord
41 CA-88-3004
42 KJC/dhh
10/24/88
1 AN ORDINANCE TO AUTHORIZE ACQUISITION OF
2 PROPERTY IN FOR RIGHT OF WAY FOR THE LAKE
3 GASTON WATER PIPELINE AND THE ACQUISITION OF
4 TEMPORARY AND PERMANENT EASEMENTS OF RIGHT OF
5 WAY, EITHER BY AGREEMENT OR CONDEMNATION
6 WHEREAS, in the opinion of the Council of the City of
7 Virginia Beach, Virginia, a public necessity exists for the
8 construction of this important water pipeline to provide a source
9 of raw water supply to the City and for other public purposes for
10 the preservation of the safety, health, peace, good order,
11 comfort, convenience, and for the welfare of the people in the
12 City of Virginia Beach:
13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
14 VIRGINIA BEACH, VIRGINIA:
15 Section 1. That the City Attorney, or his designee, is
16 hereby authorized and directed to acquire by purchase or
17 condemnation pursuant to Sections 15.1-292, et seq., 15.1-898,
18 15.1-899, 25-46.1, et seq., 25-232, et seq., and 33.1-119, et
19 seq., Code of Virginia of 1950, as amended, all that certain real
20 property, including temporary and permanent easements of right of
21 way as shown on the plats entitled "Plats showing Acquisition for
22 Lake Gaston Water Supply Project (CIP 5-964), Windsor District,
23 Isle of Wight County, Virginia, prepared by Rouse-Sirine
24 Associates Ltd., July 7, 1987, Parcel 159-A," these plats being
25 on file in the Department of Public Utilities, Water Resource
26 Division Office, Virginia Beach, Virginia.
27 Section 2. That the City Attorney, or his designee, is
28 hereby authorized to make or cause to be made on behalf of the
29 City of Virginia Beach, to the extent that funds are available, a
30 reasonable offer to the owners or persons having an interest in
31 said lands. If refused, the City Attorney, or his designee, is
32 hereby authorized to institute proceedings to condemn said
33 property.
3 5 That an emergency is hereby declared to exist and this
36 ordinance shall be in force and effect from the date of its
37 adoption.
38 Adopted by the Council of the City of Virginia Beach,
14 November 88
39 Virginia, on the day of 19
40 Gastonl6.ord
41 CA-88-3005
42 KJC/dhh
10/25/88
1 AN ORDINANCE TO AUTHORIZE ACQUISITION OF
2 PROPERTY FOR RIGHT OF WAY FOR THE LAKE GASTON
3 WATER PIPELINE AND THE ACQUISITION OP
4 TEMPORARY AND PERMANENT EASEMENTS OF RIGHT OP
5 WAY, EITHER BY AGREEMENT OR CONDEMNATION
6 WHEREAS, in the opinion of the Council of the City of
7 Virginia Beach, Virginia, a public necessity exists for the
8 construction of this important water pipeline to provide a source
9 of raw water supply to the City and for other public purposes for
10 the preservation of the safety, health, peace, good order,
11 comfort, convenience, and for the welfare of the people in the
12 City of Virginia Beach:
13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
14 VIRGINIA BEACH, VIRGINIA:
15 Section 1. That the City Attorney, or his designee, is
16 hereby authorized and directed to acquire by purchase or
17 condemnation pursuant to Sections 15.1-292, et seq., 15.1-898,
18 15.1-899, 25-46.1, et seq., 25-232, et seq., and 33.1-119, et
19 seq., Code of Virginia of 1950, as amended, all that certain real
20 property, including temporary and permanent easements of right of
21 way as shown on the plats entitled "Plats showing Acquisition for
22 Lake Gaston Water Supply Project (CIP 5-964), Windsor District,
23 Isle of Wight County, Virginia, prepared by Rouse-Sirine
24 Associates Ltd., April 1988, Parcels 160-A and 163-A," these
25 plats being on file in the Department of Public Utilities, Water
26 Resource Division Office, Virginia Beach, Virginia.
27 Section 2. That the City Attorney, or his designee, is
28 hereby authorized to make or cause to be made on behalf of the
29 City of Virginia Beach, to the extent that funds are available, a
30 reasonable offer to the owners or persons having an interest in
31 said lands. If refused, the City Attorney, or his designee, is
32 hereby authorized to institute proceedings to condemn said
33 property.
35 That an emergency is hereby declared to exist and this
36 ordinance shall be in force and effect from the date of its
37 adoption.
38 Adopted by the Council of the City of Virginia Beach,
39 Virginia, on the 14 day of November , 19 88
40 Gastonl7.ord
41 CA-88-3006
42 KJC/dhh
10/25/88
1 AN ORDINANCE TO AUTHORIZE ACQUISITION OF
2 PROPERTY FOR RIGHT OF WAY FOR THE LAKE GASTON
3 WATER PIPELINE AND THE ACQUISITION OF
4 TEMPORARY AND PERMANENT EASEMENTS OF RIGHT OF
5 WAY, EITHER BY AGREEMENT OR CONDEMNATION
6 WHEREAS, in the opinion of the Council of the City of
7 Virginia Beach, Virginia, a public necessity exists for the
8 construction of this important water pipeline to provide a source
9 of raw water supply to the City and for other public purposes for
10 the preservation of the safety, health, peace, good order,
11 comfort, convenience, and for the welfare of the people in the
12 City of Virginia Beach;
13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
14 VIRGINIA BEACH, VIRGINIA:
15 Section 1. That the City Attorney, or his designee, is
16 hereby authorized and directed to acquire by purchase or
17 condemnation pursuant to Sections 15.1-292, et seq., 15.1-898,
18 15.1-899, 25-46.1, et seq., 25-232, et seq., and 33.1-119, et
19 seq., Code of Virginia of 1950, as amended, all that certain real
20 property, including temporary and permanent easements of right of
21 way as shown on the plats entitled "Plats showing Acquisition for
22 Lake Gaston Water Supply Project (CIP 5-964), Windsor District,
23 Isle of Wight County, Virginia, prepared by Rouse-Sirine
24 Associates Ltd., December 1986, Parcels 164 through 170,11 these
25 plats being on file in the Department of Public Utilities, Water
26 Resource Division Office, Virginia Beach, Virginia.
27 Section 2. That the City Attorney, or his designee, is
28 hereby authorized to make or cause to be made on behalf of the
29 City of Virginia Beach, to the extent that funds are available, a
30 reasonable offer to the owners or persons having an interest in
31 said lands. If refused, the City Attorney, or his designee, is
32 hereby authorized to institute proceedings to condemn said
33 property.
3 5 That an emergency is hereby declared to exist and this
36 ordinance shall be in force and effect from the date of its
37 adoption.
38 Adopted by the Council of the City of Virginia Beach,
39 Virginia, on the 14 day of November 19 88
40 Gastonl8.ord
41 CA-88-3007
42 KJC/dhh
10/25/88
1 AN ORDINANCE TO AUTHORIZE ACQUISITION OF
2 PROPERTY IN FEE SIMPLE FOR RIGHT OF WAY FOR
3 THE LAKE GASTON WATER PIPELINE AND THE
4 ACQUISITION OF TEMPORARY AND PERMANENT
5 EASEMENTS OF RIGHT OF WAY, EITHER BY
6 AGREEMENT OR CONDEMNATION
7 WHEREAS, in the opinion of the Council of the City of
8 Virginia Beach, Virginia, a public necessity exists for the
9 construction of this important water pipeline to provide a source
10 of raw water supply to the City and for other public purposes for
11 the preservation of the safety, health, peace, good order,
12 comeort, convenience, and for the welfare of the people in the
13 City of Virginia Beach:
14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
15 VIRGINIA BEACH, VIRGINIA:
16 Section 1. That the City Attorney, or his designee, is
17 hereby authorized and directed to acquire by purchase or
18 condemnation pursuant to Sections 15.1-292, et seq., 15.1-898,
19 15.1-899, 25-46.1, et seq., 25-232, et seq., and 33.1-119, et
20 seq., Code of Virginia of 1950, as amended, all that certain real
21 property in fee simple, including temporary and permanent
22 easements of right of way as shown on the plats entitled "Plats
23 showing Acquisition for Lake Gaston Water Supply Project (CIP 5-
24 964), Drewryvill, District, Southampton County, Virginia,
25 prepared by Rouse-Sirine Associates Ltd., July 7, 1987, Parcel
26 140-A," these plats being on file in the Department of Public
27 Utilities, Water Resource Division Office, Virginia Beach,
28 Virginia.
29 Section 2. That the City Attorney, or his designee, is
30 hereby authorized to make or cause to be made on behalf of the
31 City of Virginia Beach, to the extent that funds are available, a
32 reasonable offer to the owners or persons having an interest in
33 said lands. If refused, the City Attorney, or his designee, is
34 hereby authorized to institute proceedings to condemn said
35 property.
36 That an emergency is hereby declared to exist and this
37 ordinance shall be in force and effect from the date of its
38 adoption.
39 Adopted by the Council of the City of Virginia Beach,
14 November 88
40 Virginia, on the day of 19
41 Gastonl3.ord
42 CA-88-3002
43 KJC/dhh
10/24/88
1 AN ORDINANCE TO AUTHORIZE ACQUISITION OF
2 PROPERTY FOR RIGHT OF WAY FOR THE LAKE GASTON
3 WATER PIPELINE AND THE ACQUISITION OF
4 TEMPORARY AND PERMANENT EASEMENTS OF RIGHT OF
5 WAY, EITHER BY AGREEMENT OR CONDEMNATION
6 WHEREAS, in the opinion of the Council of the City of
7 Virginia Beach, Virginia, a public necessity exists for the
8 construction of this important water pipeline to provide a source
9 of raw water supply to the City and for other public purposes for
10 the preservation of the safety, health, peace, good order,
11 comfort, convenience, and for the welfare of the people in the
12 City of Virginia Beach:
13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
14 VIRGINIA BEACH, VIRGINIA:
15 Section 1. That the City Attorney, or his designee, is
16 hereby authorized and directed to acquire by purchase or
17 condemnation pursuant to Sections 15.1-292, et seq., 15.1-898,
18 15.1-899, 25-46.1, et seq., 25-232, et seq., and 33.1-119, et
19 seq., Code of Virginia of 1950, as amended, all that certain real
20 property, including temporary and permanent easements of right of
21 way as shown on the plats entitled "Plats showing Acquisition for
22 Lake Gaston Water Supply Project (CIP 5-964), Nottoway District,
23 Greensville County, Virginia, prepared by Rouse-Sirine Associates
24 Ltd., October 9, 1986, Parcels 080, 084 and 086," these plats
25 being on file in the Department of Public Utilities, Water
26 Resource Division Office, Virginia Beach, Virginia.
27 Section 2. That the City Attorney, or his designee, is
28 hereby authorized to make or cause to be made on behalf of the
29 City of Virginia Beach, to the extent that funds are available, a
30 reasonable offer to the owners or persons having an interest in
31 said lands. If refused, the City Attorney, or his designee, is
32 hereby authorized to institute proceedings to condemn said
33 property.
3 4 That an emergency is hereby declared to exist and this
35 ordinance shall be in force and effect from the date of its
36 adoption.
37 Adopted by the Council of the City of Virginia Beach,
November 88
38 virginia, on the 14 day of 19
39 Gaston7.ord
40 CA-88-2997
41 KJC/dhh
10/24/88
1 AN ORDINANCE TO AUTHORIZE ACQUISITION OF
2 PROPERTY FOR RIGHT OF WAY FOR THE LAKE GASTON
3 WATER PIPELINE AND THE ACQUISITION OF
4 TEMPORARY AND PERMANENT EASEMENTS OF RIGHT OF
5 WAY, EITHER BY AGREEMENT OR CONDEMNATION
6 WHEREAS, in the opinion of the Council of the City of
7 Virginia Beach, Virginia, a public necessity exists for the
8 construction of this important water pipeline to provide a source
9 of raw water supply to the City and for other public purposes for
10 the preservation of the safety, health, peace, good order,
11 comfort, convenience, and for the welfare of the people in the
12 City of Virginia Beach:
13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
14 VIRGINIA BEACH, VIRGINIA:
15 Section 1. That the City Attorney, or his designee, is
16 hereby authorized and directed to acquire by purchase or
17 condemnation pursuant to Sections 15.1-292, et seq., 15.1-898,
18 15.1-899, 25-46.1, et seq., 25-232, et seq., and 33.1-119, et
19 seq., Code of Virginia of 1950, as amended, all that certain real
20 property, including temporary and permanent easements of right of
21 way as shown on the plats entitled "Plats showing Acquisition for
22 Lake Gaston Water Supply Project (CIP 5-964), Nottoway District,
23 Greensville County, Virginia, prepared by Rouse-Sirine Associates
24 Ltd., August 31, 1987, Parcels 087-088,11 these plats being on
25 file in the Department of Public Utilities, Water Resource
26 Division Office, Virginia Beach, Virginia.
27 Section 2. That the City Attorney, or his designee, is
28 hereby authorized to make or cause to be made on behalf of the
29 City of Virginia Beach, to the extent that funds are available, a
30 reasonable offer to the owners or persons having an interest in
31 said lands. If refused, the City Attorney, or his designee, is
32 hereby authorized to institute proceedings to condemn said
33 property.
3 4 That an emergency is hereby declared to exist and this
35 ordinance shall be in force and effect from the date of its
36 adoption.
37 Adopted by the Council of the City of Virginia Beach,
38 Virginia, on the 14 day of November 19 88
39 GastonB.ord
40 CA-88-2998
41 KJC/dhh
10/24/88
1 AN ORDINANCE TO AUTHORIZE ACQUISITION OF
2 PROPERTY FOR RIGHT OF WAY FOR THE LAKE GASTON
3 WATER PIPELINE AND THE ACQUISITION OF
4 TEMPORARY AND PERMANENT EASEMENTS OF RIGHT OF
5 WAY, EITHER BY AGREEMENT OR CONDEMNATION
6 WHEREAS, in the opinion of the Council of the City of
7 Virginia Beach, Virginia, a public necessity exists for the
8 construction of this important water pipeline to provide a source
9 of raw water supply to the City and for other public purposes for
10 the preservation of the safety, health, peace, good order,
11 comfort, convenience, and for the welfare of the people in the
12 City of Virginia Beach:
13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
14 VIRGINIA BEACH, VIRGINIA:
15 Section 1. That the City Attorney, or his designee, is
16 hereby authorized and directed to acquire by purchase or
17 condemnation pursuant to Sections 15.1-292, et seq., 15.1-898,
18 15.1-899, 25-46.1, et seq., 25-232, et seq., and 33.1-119, et
19 seq., Code of Virginia of 1950, as amended, all that certain real
20 property, including temporary and permanent easements of right of
21 way as shown on the plats entitled "Plats showing Acquisition for
22 Lake Gaston Water Supply Project (CIP 5-964), Nottoway District,
23 Greensville County, Virginia, prepared by Rouse-Sirine Associates
24 Ltd., July 1988 and October 9, 1986, Parcels 090 through 093,
25 096, 097, and 099 through 103," these plats being on file in the
26 Department of Public Utilities, Water Resource Division Office,
27 Virginia Beach, Virginia.
28 Section 2. That the City Attorney, or his designee, is
29 hereby authorized to make or cause to be made on behalf of the
30 City of Virginia Beach, to the extent that funds are available, a
31 reasonable offer to the owners or persons having an interest in
32 said lands. If refused, the City Attorney, or his des'
ignee, is
33 hereby authorized to institute proceedings to condemn said
34 property.
35 That an emergency is hereby declared to exist and this
36 ordinance shall be in force and effect from the date of its
37 adoption.
38 Adopted by the Council of the City of Virginia Beach,
39 Virginia, on the 14 day of November 19 88
40 Gaston9.ord
41 CA-88-2999
42 KJC/dhh
10/24/88
1 AN ORDINANCE TO AUTHORIZE ACQUISITION OF
2 PROPERTY IN FEE SIMPLE FOR RIGHT OF WAY FOR
3 THE LAKE GASTON WATER PIPELINE AND THE
4 ACQUISITION OF TEMPORARY AND PERMANENT
5 EASEMENTS OF RIGHT OF WAY, EITHER BY
6 AGREEMENT OR CONDEMNATION
7 WHEREAS, in the opinion of the Council of the City of
8 Virginia Beach, virginia, a public necessity exists for the
9 construction of this important water pipeline to provide a source
10 of raw water supply to the City and for other public purposes for
11 the preservation of the safety, health, peace, good order,
12 comfort, convenience, and for the welfare of the people in the
13 City of Virginia Beach:
14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
15 VIRGINIA BEACH, VIRGINIA:
16 Section 1. That the City Attorney, or his designee, is
17 hereby authorized and directed to acquire by purchase or
18 condemnation pursuant to Sections 15.1-292, et seq., 15.1-898,
19 15.1-899, 25-46.1, et seq., 25-232, et seq., and 33.1-119, et
20 seq., Code of Virginia of 1950, as amended, all that certain real
21 property in fee simple, including temporary and permanent
22 easements of right of way as shown on the plats entitled "Plats
23 showing Acquisition for Lake Gaston Water Supply Project (CIP 5-
24 964), Nottoway District, Greensville County, Virginia, prepared
25 by Rouse-Sirine Associates Ltd., July 25, 1988, Parcels 114 and
26 115,1' these plats being on file in the Department of Public
27 Utilities, Water Resource Division Office, Virginia Beach,
28 Virginia.
29 Section 2. That the City Attorney, or his designee, is
30 hereby authorized to make or cause to be made on behalf of the
31 City of Virginia Beach, to the extent that funds are available, a
32 reasonable offer to the owners or persons having an interest in
33 said lands. If refused, the City Attorney, or his designee, is
3 4 hereby authorized to institute proceedings to condemn said
35 property.
36 That an emergency is hereby declared to exist and this
37 ordinance shall be in force and effect from the date of its
38 adoption.
39 Adopted by the Council of the City of Virginia Beach,
40 Virginia, on the 14 day of NoVemb'Or 19 88
41 GastonlO.ord
42 CA-88-3000
43 KJC/dhh
10/24/88
1 AN ORDINANCE TO AUTHORIZE ACQUISITION OF
2 PROPERTY FOR RIGHT OF WAY FOR THE LAKE GASTON
3 WATER PIPELINE AND THE ACQUISITION OF
4 TEMPORARY AND PER14ANENT EASEMENTS OF RIGHT OF
5 WAY, EITHER BY AGREEMENT OR CONDEMNATION
6 WHEREAS, in the opinion of the Council of the City of
7 Virginia Beach, Virginia, a public necessity exists for the
8 construction of this important water pipeline to provide a source
9 of raw water supply to the City and for other public purposes for
10 the preservation of the safety, health, peace, good order,
11 comfort, convenience, and for the welfare of the people in the
12 City of Virginia Beach:
13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
14 VIRGINIA BEACH, VIRGINIA:
15 Section 1. That the City Attorney, or his designee, is
16 hereby authorized and directed to acquire by purchase or
17 condemnation pursuant to Sections 15.1-292, et seq., 15.1-898,
18 15.1-899, 25-46.1, et seq., 25-232, et seq., and 33.1-119, et
19 seq., Code of Virginia of 1950, as amended, all that certain real
20 property, including temporary and permanent easements of right of
21 way as shown on the plats entitled "Plats showing Acquisition for
22 Lake Gaston Water Supply Project (CIP 5-964), Nottoway District,
23 Greensville County, Virginia, prepared by Rouse-Sirine Associates
24 Ltd., October 9, 1986, Parcels 123 through 135," these plats
25 being on file in the Department of Public Utilities, Water
26 Resource Division Office, Virginia Beach, Virginia.
27 Section 2. That the City Attorney, or his designee, is
28 hereby authorized to make or cause to be made on behalf of the
29 City of Virginia Beach, to the extent that funds are available, a
30 reasonable offer to the owners or persons having an interest in
31 said lands. If refused, the City Attorney, or his designee, is
32 hereby authorized to institute proceedings to condemn said
33 property.
3 5 That an emergency is hereby declared to exist and this
36 ordinance shall be in force and effect from the date of itS
37 adoption.
38 Adopted by the Council of the City of Virginia Beach,
14 November 88
39 Virginia, on the_ day of 19
40 Gastonll.ord
41 CA-88-3001
42 KJC/dhh
10/24/88
1 AN ORDINANCE TO AUTHORIZE ACQUISITION OF
2 PROPERTY FOR RIGHT OF WAY FOR THE LAKE GASTON
3 WATER PIPELINE AND THE ACQUISITION OF
4 TEMPORARY AND PERMANENT EASEMENTS OF RIGHT OF
5 WAY, EITHER BY AGREEMENT OR CONDEMNATION
6 WHEREAS, in the opinion of the Council of the City of
7 Virginia Beach, Virginia, a public necessity exists for the
8 construction of this important water pipeline to provide a source
9 of raw water supply to the City and for other public purposes for
10 the preservation of the safety, health, peace, good order,
11 comfort, convenience, and for the welfare of the people in the
12 City of Virginia Beach:
13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
14 VIRGINIA BEACH, VIRGINIA:
15 Section 1. That the City Attorney, or his designee, is
16 hereby authorized and directed to acquire by purchase or
17 condemnation pursuant to Sections 15.1-292, et seq., 15.1-898,
18 15.1-899, 25-46.1, et seq., 25-232, et seq., and 33.1-119, et
19 seq., Code of Virginia of 1950, as amended, all that certain real
20 property, including temporary and permanent easements of right of
21 way as shown on the plats entitled "Plats showing Acquisition for
22 Lake Gaston Water Supply Project (CIP 5-964), Belfield District,
23 Greensville County, virginia, prepared by Rouse-Sirine Associates
24 Ltd., October 9, 1986, Parcel 068 through 074," these plats being
25 on file in the Department of Public Utilities, Water Resource
26 Division Office, Virginia Beach, Virginia.
27 Section 2. That the City Attorney, or his designee, is
28 hereby authorized to make or cause to be made on behalf of the
29 City of Virginia Beach, to the extent that funds are available, a
30 reasonable offer to the owners or persons having an interest in
31 said lands. If refused, the City Attorney, or his designee, is
32 hereby authorized to institute proceedings to condemn said
33 property.
3 4 That an emergency is hereby declared to exist and this
35 ordinance shall be in force and effect from the date of its
36 adoption.
37 Adopted by the Council of the City of Virginia Beach,
14 November 88
38 Virginia, on the day of 19
39 Gaston6.ord
40 CA-88-2996
41 KJC/dhh
10/24/88
1 AN ORDINANCE TO AUTHORIZE ACQUISITION OF
2 PROPERTY FOR RIGHT OF WAY FOR THE LAKE GASTON
3 WATER PIPELINE AND THE ACQUISITION OF
4 TEMPORARY AND PERMANENT EASEMENTS OF RIGHT OF
5 WAY, EITHER BY AGREEMENT OR CONDEMNATION
6 WHEREAS, in the opinion of the Council of the City of
7 Virginia Beach, Virginia, a public necessity exists for the
8 construction of this important water pipeline to provide a source
9 of raw water supply to the City and for other public purposes for
10 the preservation of the safety, health, peace, good order,
11 comfort, convenience, and for the welfare of the people in the
12 City of Virginia Beach:
13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
14 VIRGINIA BEACH, VIRGINIA:
15 Section 1. That the City Attorney, or his designee, is
16 hereby authorized and directed to acquire by purchase or
17 condemnation pursuant to Sections 15.1-292, et seq., 15.1-898,
18 15.1-899, 25-46.1, et seq., 25-232, et seq., and 33.1-119, et
19 seq., Code of Virginia of 1950, as amended, all that certain real
20 property, including temporary and permanent easements of right of
21 way as shown on the plats entitled "Plats showing Acquisition for
22 Lake Gaston Water Supply Project (CIP 5-964), Sturgeon District,
23 Brunswick County, Virginia, prepared by Rouse-Sirine Associates
24 Ltd., April 18, 1988, Parcel 065," these plats being on file in
25 the Department of Public Utilities, Water Resource Division
26 Office, Virginia Beach, Virginia.
27 Section 2. That the City Attorney, or his designee, is
28 hereby authorized to make or cause to be made on behalf of the
29 City of Virginia Beach, to the extent that funds are available, a
30 reasonable offer to the owners or persons having an interest in
31 said lands. If refused, the City Attorney, or his designee, is
32 hereby authorized to institute proceedings to condemn said
33 property.