AUGUST 18, 1986 MINUTES
(2it@ <-Df
"WORLD'S LARGEST RESORT CITY"
(@t'ry COUN(,IL
klAYOR ROBERT G. JONES, A, L.,g,
VICE MAYOR MEYERA E. OBERNDORF, A, L,,@
Al-BERT W. BALKO, Ly@@h.-@ P-.,h
JOHN A. BAUM, BI.,k.@l, @@.gh
ROBERT E. FENTRESS, Vi@gi@i@ B,@,h @@@gh
HAROLD HEISCHOBER, A, "@g,
BARBA@ M HENLEY, P.@g. @@@gh
REBA S M,CLANAN, A... @@gh
JOHN L). MOSS, K,.,-ill, @@.,h
NANCY K PARKER, A, @,g,
JOHN 1. PERRY. B.,,,.d, @@@,h 281 CITY HALL BUILDING
MUNICIPAL CENTER
RUTIf HOIX3ES SMITH CMC, Ci,, Cik CITY COUNCIL AGENDA VIRGINIA BEACH, VIRGINIA 23@56 9002
(804) @27-4303
August 18, 1986
VIRGINIA BEACH CITY COUNCIL
ITEM I. INFOPM&L SESSION: VIRGINIA BEACH CITY COUNCIL Conference Room - 12 NOON
A. CALL TO ORDER - Mayor Robert G. Jones
B. ROLL CALL OF CITY COUNCIL
C. CONCERNS OF CITY COUNCIL
D. CITY MANAGER'S INFORMAL ITEMS
E. MOTION TO RECESS INTO EXECUTIVE SESSION
ITEM II. FOR14AL SESSION: VIRGINIA BEACH CITY COUNCIL - Council Chambers - 2:00 PM
A. INVOCATION: Reverend J. D. Seward
Brook Baptist Church
B. PLEDGE OF ALLEGIANCE TO THE FLAG OF TIIE UNITED STATES OF
AMERICA
C. ELECTRONIC ROLL CALL OF CITY COUNCIL
D. ADOPTION OF ITEMS FOR THE FORMAL AGENDA
E. MINUTES
1. Approval of City Council Minutes of August 11, 1986.
F. PUBLIC REARING
1. PLANNING ITEMS
a. Application of Claudine S. Camper for a Conditional Use
Permit for an automobile repair cent@ at 1724 Laskin
Road, containing 19,115 square feet (Lynnhaven
Borough).
Deferred by City Council on August 11, 1986
Recommendation; DENIAL
b. REQUEST FOR RECONSIDERATION No. CC-004: Application of
Great Neck Associates, Inc., for reconsideration of
conditions placed upon a Change of Zoning from R-8
Residential District to PD-H2 Planned Unit Development
District on property located on the east side of Salem
Road, 1,400 feet north of Elbow Road (Kempsville and
Princess Anne Boroughs).
Recommendation: APPROVAL
c. Application of Edward B. Snyder, Trustee of Snyder
Family Trust for a Conditional Use Permit for motor
vehicle sales and service on property located at the
southeast corner of Virginia Beach Boulevard and Kings
Grant Road, containing 4.9 acres (Lynnhaven Borough).
Recommendation: APPROVAL
d. Application of ESG Enterprises on property located 600
feet northwest of General Booth Boulevard, 2,332.30
feet northeast of London Bridge Road:
For a Change of Zoni2l @rom AG-1 Agricultural District
to B-2 Community-Business District;
AND,
For a Change of Zonina from AG-2 Agricultural District
to B-2 Community-Business District.
Recommendation: WITHDRAWAL
e. Application of VM Associates on property located at
southeast corner of General Booth Boulevard and
proposed Ferrell Parkway, containing LO acres (Princess
Anne Borough);
For a Change of Zoning from R-3 Residential District to
AG-2 Agricultural District.
AND,
For a Conditional Use Permit for retail sales of
plants, garden supplies, equipment @ind material as a
subsidiary use to a plant nursery;
Recommendation: APPROVAL
f . Application of MIDAS Realty Corporation on property
located at the northeast corner of Holland Road and
Hayes Avenue on Lots 1-5 and 11-15, Block 3, Pecan
Gardens, containing 25,265 square feet (Princess Anne
Borough):
For a Change of Zoning from A-1 Apai:tment District to
B-2 Community-Business.
AND,
For a Conditional Use Permit for an automotive repair
facility;
Recommendation: DENIAL
g. Application of RML Corporation for a Change of Zoning
from R-6 Residential District to B-1 Business-
Residential District located at the northeast
intersection of 844 First Colonial Road and Laurel
Lane, containing 2.702 acres (Lynnhaven Borough)
Deferred by City Council on June 16, July 7, and
August 4, 1986.
Recommendation: DENIAL
h. Application of the City of Virginia Beach for amend
and reordain Article 1, Section 111 of the
Comprehensive Zoning Ordinance pertaining to definition
of Day Care Center.
Recommendation: DENIAL
i. Ordinance to AMEND the Master Street and Highway Plan
in accordance with consultant studies by Harland
Bartholomew and Associates.
Deferred by City Council on June 16, 1986.
Recommendation: APPROVAL
j. Ordinance to AMEND and REORDAIN Subsection 107(F) of
the Comprehensive Zoning Ordinance pertaining to the
vote necessary to amend the ordinance.
Deferred by City Council on August 11, 1986.
Recommendation: APPROVAL
G. RESOLUTIONS
1. INDUSTRI-AL DEVELOPMENT REVENUE BONDS
Resolution approving the issuance of Industrial Development
Revenue Bonds:
a. Crusader Circle Associates $9,900,000
b. Triton Towers Associates $700,000
2. Resolution providing for the amendment of the Charter of
the City of Virginia Beach, Virginia, by amending Sections
3.01, 3.02:1, 3.03 and 3.07 and by addilig Section 3.02:2,
to authorize the Direct Election of the Mayor.
H. 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 authorizing the City Manager to execute a Deed of
Release and Vacation of Easement dedicated by Coastal Inn
Associates.
2. Ordinance to apply for Rental Rehabilitation Funds from the
U.S. Department of Housing and Urban Development ($59,000).
3. Ordinance appointing Viewers in the petition of Dr. & Mrs.
V. J. Bruckner for the closure of a portion of Holly
Avenue.
4. Raffle Permit:
Humana Hospital, Bayside Auxiliary
Princess Anne Women's Club
5. Certificate of Public Convenience and Necessity:
Coastal Ambulance Service, Inc.
6. Ordinance authorizing license refunds in the amount of
$1,653.56.
I. APPOINTMENTS
1. CITIZEN'S ADVISORY COMMITTEE
2. VIRGINIA BEACH DEVELOPMENT AUTHORITY
3. WETLANDS BOARD
J. UNFINISHED BUSINESS
Virginia Beach Tomorrow
J. T. Buchanan, III, Ph.D
K. NEW BUSINESS
ADJOURNMENT
SPECIAL SESSION
Virginia Beach City Council
7:00 PM
Tuesday, August 26, 1986
-GREEN LINE"
-RECLASSIFICATION OF PARCELS"
AND
Thursday, August 28, 1986
'CIP PROJECTS & REFERENDA QUESTIONS'
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
August 18, 1986
The INFORMAL SESSION of the VIRGINIA BFACH CITY COUNCIL was called to order
by Mayor Robert Jones in the Conference Room, City Hall Building, on Monday,
August 18, 1986, at 12:00 NOON.
Council Members Present:
John A. Baum, Albert W. Balko, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Absent:
Councilwoman Reba S. McClanan (ENTERED: 1:35 P.M.)
Councilwoman McClanan's Flight was delayed as result
of Hurricane Charley.
- 2 -
C 0 N C E R N S 0 F C I T Y C 0 U N C I L
Item II-C.1
STATE COMPENSATION
BOARD HFARING ITEM # 25848
Councilmen Balko and Perry referenced the STATE COMPENSATION BOARD HEARING on
August 22, 1986. Councilmen Balko and Perry were Members of the five-man
COMPENSATION BOARD and heard a presentation in Richmond by Viginia Beach
Sheriff Overman. Sheriff Overman was requesting thirty-one (31) additional
personnel for the CORRECTION GENTER.
The following reqeusts were APPROVED
1. One additional baliff will serve the additional
Judge that was seated on July 1, 1986.
2. Five female deputies who shall be involved in
the female section of the CORRECTION CENTER.
3. One additional secretary.
4. $6,000 to be utilized for the purchase of word
processors.
The Sheriff should request a STAFFING STUDY. Upon completion of same, the
possibility exists additional funds will be made available to purchase
security cameras and intercom equipment.
The STATE COMPENSATION BOARD bases their request to the State Legislature on
the FORECASTS required by the municipalities.
Item II-C.2
CAMP PENDLETON ITF2,1 # 25849
Councilman Fentress and the City Manger referenced meeting in Richmond to plea
on behalf of the City for utilization of the CAMP PENDLFTON GOLF COURSE. As
per request of the Governor, a new study is being documented. There are strong
feelings the National Guard will justify the City's utilization of the Golf
Course.
This meeting also entailed various other issues which evolve around this land.
As a result of this meeting, the City Manger referenced the City has advised
the School Board the Wadsworth School Site be pulled and another one supplanted
in this same corridor. The State is not in a position until the completion of
the aforementioned study to consider the Wadsworth School Site.
- 3 -
C 0 N C E R N S 0 F 0 I T Y C 0 U N C I L
(Continued)
Item II-C-3
DIRECT ELECTION OF
THE SCHOOL BOARD ITFII # 25850
Councilwoman Parker distributed a DRAFT of a Resolution providing for the
holding of a Special Election pursuant to Virginia Code Sections 24.1-165 and
15.1-834. Said Special Election to be held on November 4, 1986. (Copy of this
Resolution is hereby made a part of the record.)
This proposed amendement to the City Charter would provide for the popular
election of members of the School Board.
Mayor Jones advised of the relatively small administrative component existing
in the SCHOOL BUDGET. A Commission might be established to investigate the
feasibilities of a SPECIAL ELECTION OF THE SCHOOL BOARD.
Vice Mayor Oberndorf advised the City provides the City Schools with Capital
Improvement Funds and Debt Service Funds totally separate from their BUDGET.
The Schools have the oportunity to participate in the CAPITAL IMPROVEMENT
PROGRAM without same being reflected in their Budget.
E. Dean Block, Assistant City Manager for Analysis and Evaluation, advised the
Capital Improvement Program is separate. In the City's BUDGET MESSAGE, the
School's proportion of DEBT SERVICE was reflected separately.
Mayor Jones advised of a Meeting SCHEDULED with the City Manager, the Chairman
of the School Board and the School Supeintendent on Wednesday, August 20, 1986.
The purpose of this Meeting will be to SCHEDULE a JOINT MEETING of the School
Board and City Council and to decide upon an AGENDA for said session.
Item II-C-4
REFERENDA/RECLASSIFICATION
OF PARCELS ITEM # 25851
Councilman Baum referenced the issue of REFERENDA and the GREEN LINE
RECLASSIFICATION OF PARCELS. Councilman Baum requested this item be ADDED onto
the FORMAL AGENDA for discussion concerning CONSENSUS of opinions by City
Council
Item II-C-5
DAY CARE CENTER ITEM # 25852
Vice Mayor Oberndorf referenced an Application of the City of Virginia Beach
to amend and reordain Article 1, Section 111 of the Comprehensive Zoning
Ordinance pertaining to definition of Day Care Center. (See Item II-F.1h. of
the PLANNING ITEMS).
Vice Mayor Oberndorf requested this item be DEFERRED until the City Council
Meeting of September 22, i986.
- 4 -
C 0 N C E R N S 0 F C I T Y C 0 U N C I L
(Continued)
Item II-C.6
VIRGINIA MUNICIPAL LEAGUE ITEM # 25853
Vice Mayor Oberndorf requested discussion of VIRGINIA MUNICIPAL LFAGUE'S
position concerning the recommendations of the GOVERNOR'S COMMISSION ON
TRANSPORTATION IN THE TWENTY-FIRST CENTURY.
This will be an ADD-ON Item under UNFINISHED BUSINESS.
Item II-C.7
CHARTER AUTHORITY IT@ # 25854
Councilman Heischober referenced discussion concerning increasing the Charter
Authority for the City. Councilman Heischober believed the City had spent
approximately $150-MILLION on interest in excess of what it should have if
City Council had the authority to issue Charter Bonds when needs developed.
The Mayor referenced the meeting with the Vice Mayor and the City Manager on
Wednesday, August 20, 1986. The items referenced by City Council will be
discussed at this Meeting.
- 5 -
C I T Y'S M A N A G E R IS I N F 0 R M A L I T E M S
Item II-D.1
HURRICANE CHARLEY ITEM # 25855
The City Manger referenced an Ordinance confirming the Declaration of a Local
Emergency by the City of Virginia Beach, Virginia. This Ordinance recognized
as a result of Hurricane Charley, a local emergency being declared by the
City Manager/Director of Emergency Services on August 17, 1986, at 6:37 PM
and ended at 12:00 MIDNIGHT, August 17, 1986.
This Ordinance will be ADDED prior to the Resolutions approving the issuance
of Industrial Development Revenue Bonds as Item II-G.l.
Item II-D.2
SPORTS AUTHORITY
OF HAMPTON ROADS ITEM # 25856
The City Manager referenced the presentation to the SPORTS AUTHORITY OF HAMPTON
ROADS at 7:30 P.M. on August 7, 1986.
A request for the Cities to guarantee approximately $15 MILLION in Bonds for
the establishment of the HAMPTON ROADS MOTORSPORTS COMPLEX has been made.
Response has been requested by September 15, 1986.
Councilman Heischober referenced negotiations will be continuing this week and
will advise his recommendation as a representative of the SPORTS AUTHORITY and
Member of City Council concerning same. At present the proposition offered by
the Sawyer Corporation to the SPORTS AUTHORITY OF HAMPTON ROADS and in turn to
the Cities was not one Councilman Heischober could recommend.
Item II-D-3
VIRIGNIA MUNICIPAL LEAGUE ITEM # 25857
CONVENTION
The City Manger distributed REGISTRATION FORMS to City Council for the Virginia
Municipal League Convention.
- 6 -
INFORMAL SESSION
BRIEFING
COMMISSION ON TPANSPORTATION IN THE TWENTY-FIRST CENTURY
August 18, 1986
1:15 P.M-
The City Manager introduced Robert Matthias, Inter-governmental Relations
Coordinator, who advised the General Asembly realized the problem associated
with the transportation needs of the Commonwealth. House Bill 1269 changed
the allocation formula whereby Urban localities had a more equitable share of
the funds. As a result, however, by the year 1991, there would be no funds
available for the construction of highways. The Governor requested the General
Assembly to establish a COMMISSION ON TRANSPORTATION IN THE TWENTY-FIRST
CENTURY. There were approximately 30 people apponted to this Committee. Senator
Edward E. Willey was designated Chairman and established four (4) working
Committees:
CRITICAL NEEDS COMMITTEE
FINANCIAL OPTIONS COMMITTEE
VIRGINIA DEPARTMENT OF HIGHWAYS AND
TRANSPORTATION FUNDING C0144ITTEE
LEGAL ADVISORY COMMITTEE
To determine the magnitude for Virginia's immediate problem, the Commission's
Critical Needs Subcommittee directed Virginia Department of Highways and
Transportation to compile a list of the most critical needs which should be
funded in the current Six Year Construction Plan if revenue were available.
The estimated cost to meet these present day needs is $10.225 BILLION. There
is also an expected $10 BILLION in additional needs between now and the year
2005.
To meet existing highway construction needs and the estimated 10-year needs of
ports, airports, rail and mass transit, will require the spending of between
$11-$12 Billion during the next decade. Mr. Matthias reiterated the various
financial options explored:
Increases in the individual income tax
Increases in the corporate income tax
Increases in the sales and use tax
Increases in the tax on public utilities
Inclusion of selected services in the sales tax
base; and,
Increases in nongeneral fund sources related to
transportation.
The COMMISSION recomended the revenue needed to meet the Commonwealth's
Transportation needs be rai3ed utilizing the following sources:
1. A .75% increase in the State Sales and Use Tax.
2. A 4-cent per gallon gas tax increase
3. An additional 2% increase in the titling tax,
with an allowance for trade-ins.
4. Interest on current and future highway fund
balances.
Mr. Matthias distributed information entitled: CITY OF VIRGINIA BEACH
CONTRIBUTION TO COT 21 REVENUES (Projections). Said literature is hereby made a
part of the record.
- 7 -
INFORMAL SESSION
BRIEFING
COMMISSION ON TRANSPORTATION IN THE TWENTY-FIRST CENTURY
August 18, 1986
1:15 P.M-
The Virginia Municipal League concurs with the recommendations of the
GOVERNOR'S COMMISSION ON TRANSPORTATION IN THE TWENTY-FIRST CENTURY with the
provision that 25% of the proposed one cent sales tax increase be returned to
Virginia's cities, counties and towns for general use.
There will be further discussions concerning a RESOLUTION supporting the
recommendations of the COMMMISSION ON TRANSPORTATION IN THE TWENTY-FIRST
CENTURY SCHEDULED for the City Council Meeting of August 25, 1986.
- 8 -
ITEM # 25858
Mayor Jones entertained a motion to permit City Council to conduct its
EXECUTIVE SESSION (1:37 P.M.) 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. PUBLICITY HELD PROPERTY: Discussion or consideration of the condition,
acquisition or use of real property for public purpose, or of the
disposition of publicly held property, or of plans for the future of an
institution which could affect the value of property owned or desirable
for ownership by such institution.
3.. I;EGAL 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 Councilman Moss, seconded by Councilman Baum, City Council
voted to proceed into EXECUTIVE SESSION.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
- 9 -
F ORM A L S E S S ION
VIRGINIA BEACH CITY COUNCIL
August 18, 1986
2:20 P.M.
Mayor Jones called to order the FORMAL SESSION of the VIRGINIA BFACH CITY
COUNCIL in the Council Chambers, City Hall Building, on Monday, August 18,
1986, at 2:20 P.M.
Council Members Present:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Absent:
None
INVOCATION: Reverend J. D. Seward
Brook Baptist Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
- 10 -
APPROVAL OF ITEMS FOR THE FORMAL AGENDA
TTEM # 25859
BY CONSENSUS, with the exception of Councilwoman McClanan's VERBAL NAY Vote,
City Council ADOPTED the ITW FOR THE FORMAL AGENDA.
Councilwoman McClanan requested at each City Council Meeting, her vote on
this particular item be recorded as a VERBAL NAY.
Item II-D.1 ITEM # 25860
Vice Mayor Oberndorf referenced an Application of the City of Virginia Beach
to amend and reordain Article 1, Section 111 of the Comprehensive Zoning
Ordinance pertaining to definition of Day Care Center. (See Item II-F.1h. of
the PLANNING ITEMS).
Vice Mayor Oberndorf requested this item be DEFERRED until the City Council
Meeting of September 22, 1986. Vice Mayor Oberndorf advised of meeting with
Rosemary Stanton and Leona Lossee of the Virginia Independent Child Care
Home Center as well as Hector Rivera, Assistant City Manager for Human
Services.
Item II-D.2 ITEM # 25861
The City Manger referenced an Ordinance confirming the Declaration of a Local
Emergency by the City of Virginia Beach, Virginia. This Ordinance recognized
as a result of Hurricane Charley, a local emergency being declared by the
City Manager/Director of Emergency Services on August 17, 1986, at 6:37 PM
and ended at 12:00 MIDNIGHT, August 17, 1986.
This Ordinance will be ADDED prior to the Resolutions approving the issuance
of Industrial Development Revenue Bonds as Item II-G.l.
Item II-D-3- ITEM # 25862
Councilwoman McClanan referenced a Raffle Permit to Humana Hospital, Bayside
Auxiliary (See Item II-H-4 of the CONSENT AGENDA).
Councilwoman McClanan will VEBALLY ABSTAIN on this item.
Item II-D-4 ITEM # 25863
Vice Mayor Oberndorf referenced a Raffle Permit to Princess Anne Women's
Club. (See Item II-H-5 of the CONSENT AGENDA).
Vice Mayor Oberndorf will VERBALLY ABSTAIN on this item.
- 11 -
APPROVAL OF ITE14S FOR THE FORMAL AGENDA
Item II-D-5- ITEM # 25864
Councilman Baum referenced the issues of REFERENDA and RECLASSIFICATION OF
THE GREEN LINE PARCELS. Councilman Baum requested discussion concerning a
possible CONSENSUS of support on these items.
This will be an ADD-ON Item under UNFINISHED BUSINESS
Item II-D.6 ITEM 25865
Vice Mayor Oberndorf requested discussion of the VIRGINIA MUNICIPAL LFAGUE's
position concerning the recommendations of the GOVERNOR'S GOMMISSION ON
TRANSPORTATION IN THE TWENTY-FIRST CENTURY.
This will be an ADD-ON Item under UNFINISHED BUSINESS.
- 12 -
Item II-E.1
MINUTES ITEM # 25866
Upon motion by Councilman Fentress, seconded by Councilman Balko, City
Council APPROVED the Minutes of August 11, 1986.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
- 13 -
Item II-F
PUBLIG HFARING ITF14 # 25867
Mayor Jones DECLARED A PUBLIG HEARING:
PLANNING ITEMS
a. GLAUDINE S. GAMPER CONDITIONAL USE PERMIT
b. GREAT NECK ASSOCIATES, INC. CHANGE OF ZONING
(REGONSIDERATIN NO. CC-004)
c. EDWARD B. SNYDER
TRUSTEES OF SNYDER FAMILY TRUST CONDITIONAL USE PERMIT
d. ESG ENEPRISFS CHANGES OF ZONING
e. VM ASSOCIATFS CHANGE OF ZONING AND
CONDITIONAL USE PERMIT
f. MIDAS REALTY GORPORATION CHANGE OF ZONING AND
CONDITIONAL USE PERMIT
g. RML CORPORATION CHANGE OF ZONING
h. CITY OF VIRGINIA BEACH COMPREHENSIVE ZONING ORDINANCE
AMENDMENT DAY CARE CENTER
i. CITY OF VIRGINIA BFACH MASTER STREET AND HIGHWAY
PLAN
j. SUBSECTION 107(f) AMEND COMPREHENSIVE ZONING
ORDINANCE
- 14 -
Item II-F.l.a.
PUBLIC HEARING
PLANNING ITEM # 25868
Attorney Grover Wright represented the applicant and requested DEFERRAL
Letter from Attorney Charles M. Lollar requesting DEFERRAL until the City
Council Meeting of September 8, 1986, is hereby made a part of the record.
Upon motion by Councilwoman Parker, seconded by Councilman Balko, City
Council DEFERRED until the City Council Meeting of September 8, 1986, an
Ordinance upon application of CLAUDINE S. CAMPER for a Conditional Use
Permit:
ORDINANCE UPON APPLICATION OF CLAUDINE S. CAMPER
FOR A CONDITIONAL USE PERMIT FOR AN AUTOMOBILE
REPAIR CENTER
Ordinance upon application of Claudine S. Camper
for a Conditional Use Permit for an automobile
repair center on the north side of Laskin Road,
152-54 feet west of First Colonial Road. Said
parcel is located at 1724 Laskin Road and contains
19,115 square feet. Plats with more detailed
information are available in the Deparment of
Planning. LYNNHAVEN BOROUGH.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
1 5
Item II-F.I.b
PUBLIC HEARING
PLANNING ITEM # 25869
Attorney Paul L. Strasberg, the applicant, represented himself
Uon motion by Councilwoman McClanan, seconded by Councilman Heischober City
Council APPROVED:
RECONSIDERATION NO. CC-004:
Application of Great Neck Associates, Inc., for the
RECONSIDERATION of conditions placed on the
application for SUNSTREAM PARK (ZO879438) for a
Change of Zoning District Classification from R-8
Residential District to PD-H2 Planned Unit
Development District on August 6, 1979. Property
is located on the east side of Salem Road, 1400
feet north of Elbow Road. More detailed
information is available in the Department of
Planning
The following condition shall be required:
1. A 6-foot privacy fence is to be erected with
Category I landscaping and to be maintained by the
developer on the outside face of the fence.
The applicant wished to be relieved of a portion of a condition of the
rezoning which required that:
"The proposed apartments in the western portion of
this site shall be heavily buffered from adjacent
parcels with a landscape berm (4 feet with 3:1 side
slopes) and shall not have access from Salem Road."
As the adjoining property to the south is to be
developed commercially, the applicant had requested
the earth berm as a condition be RECONSIDERED.
Voting: 10-1
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, Vice Mayor Meyera E.
Oberndorf, Nancy K. Parker and John L. Perry
Council Members Voting Nay:
John D. Moss
Council Members Absent:
None
- 16 -
Item II-F.l.c.
PuBLic HEARING
PLANNING ITEM # 25870
Attorney Morris Fine represented the applicant
Upon motion by Councilman Balko, seconded by Councilman Perry, City Council
ADOPTED an Ordinance upon appliciation of EDWARD B. SNYDER, TRUSTEES OF
SNYDER FAMILY TRUST for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF EDWARD B. SNYDER,
TRUSTEES OF SNYDER FAMILY TRUST FOR A CONDITONAL
USE PERMIT FOR MOTOR VEHICLE SALES AND SERVICE
R0886865
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Edward B. Snyder,
Trustee of Snyder Family Trust for a Conditional
Use Permit for motor vehicle sales and service on
certain property located at the southest corner of
Virginia Beach Boulevard and Kings Grant Road. Said
parcel contains 4.9 acres. Plats with more
detailed information are available in the
Department of Planning. LYNNHAVEN BOROUGH.
The following conditions shall be required:
1. A reservation of right-of-way along the frontage
on Virginia Beach Boulevard, together with three
permanent drainage easements and a temporary
constuction easement, as per the Virginia Beach
Boulevard plans on file with the City Engineer's
Office.
2. Category I screening is to be provided along the
western property line adjacent to the Historical
and Cultural District.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Eighteenth day of August, Nineteen Hundred and Eighty-six.
- 17 -
Item II-F.l.c.
PUBLIC HFARING
PLANNING ITEM # 25870 (Continued)
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
- 18 -
Item II-F.l.d
PTJBLIC HEARING ITEM # 25872
PLANNING
Attorney Robert Cromwell represented the applicant and requested
WITHDRAWAL
Lou Pace, represented the Hunt Club Forest Civic Association, and was
not in OPPOSITION to said WIWTHDRAWAL.
Upon motion by Councilwoman McClanan, seconded by Councilman Perry,
City Council ALLOWED WITHDRAWAL of Ordinances upon application of ESG
ENTERPRISES for Changes of Zoning:
ORDINANCE UPON APPLICATION OF ESG ENTERPRISES FOR A
CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-1
TO B-2
Ordinance upon application of ESG Enterprises for a
Change of Zoning District Classification from AG-1
Agricultural District to B-2 Community-Business
District on certain property located 600 feet
northwest of General Booth Boulevard, 2332-30 feet
northeast of London Bridge Road. Said parcel
contains 15.71 acres. Plats with more detailed
information are available in the Department of
Planning. PRINCESS ANNE BOROUGH.
A N D,
ORDINANCE UPON APPLICATION OF ESG ENTERPRISES FOR A
CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-2
TO B-2
Ordinance upon application of ESG Enterprises for a
Change of Zoning District Classification from AG-2
Agricultural District to B-2 Communtiy-Business
District on the northwest side of General Booth
Boulevard, 2332-30 feet northest of London Bridge
Road. Said parcel contains 5.66 acres. Plats with
more detailed information are available in the
Department of Planning. PRINCESS ANNE BOROUGH.
Voting: 9-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Barbara M. Henley, Mayor Robert G. Jones, Reba S.
McClanan, John D. Moss, Vice Mayor Meyera E.
Oberndorf and John L. Perry
Council Members Voting Nay:
None
Council Members Abstaining:
Harold Heischober and Nancy K. Parker
Council Members Absent:
None
- ig -
Item II-F.I.e.
PUBLIC HFARING
PLANNING ITIN # 25873
Attorney Robert Cromwell represented the applicant
Martin Shera, principal in VM ASSOCIATES
OPPOSITION:
Sandra Tainter, Red Mill Farm and Courthosue Sandbridge Coalition
Lou Pace, Hunt Club Forest Civic Association
Upon motion by Councilwoman McClanan, seconded by Councilman Fentress, City
Council ADOPTED Ordinances upon application of VM ASSOCIATES for a Change of
Zoning and Conditional Use Permit:
ORDINANCE UPON APPLICATION OF VM ASSOCIATES FOR A
CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-3
TO AG-2 Z08861111
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of VM Associates for a
Change of Zoning District Classification from R-3
Residential District to AG-2 Agricultural District
on certain property located at th southeast corner
of General Booth Boulevard and Proposed Ferrell
Parkway. Said parcel contains 10 acres. Plats
with more detailed information are available in the
Department of Planning. PRINCESS ANNE BOROUGH.
A N D,
ORDINANCE UPON APPLICATION OF VM ASSOCIATES FOR A
CONDITIONAL USE PERMIT FOR RETAIL SALES OF PLANTS,
GARDEN SUPPLIES, EQUIPMENT AND MATERIAL R0886866
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of VM Associates for a
Conditional Use Permit for retail sales of plants,
garden supplies, equipment and material as a
subsidiary use to a plant nursery on certain
property located at the southeast corner of General
Booth Boulevard and proposed Ferrell Parkway. Said
parcel contains 10 acres. Plats with more detailed
information are available in the Department of
Planning. PRINCESS ANNE BOROUGH.
- 20 -
Item II-F.l.e.
PUBLIC HEARING
PLANNING ITEM # 25873 (Continued)
The following conditions shall be required:
1. All ingress-egress shall be from Ferrell Parkway,
@ 250 feet east for the intersection with General
Boo h@Boulevard. (This is a temporary access as
access points at the time Ferrell Parkway is
developed may be different.)
2. The applicant has agreed to build a temporary
driveway in the right-of-way of Ferrell Parkway
leading from General Booth Boulevard to the
entrance.
3. Buildings shall be of Colonial Design.
4. There shall be "colonial style" lights in the
parking area.
5. Low level lighting shall be directed towards the
property and not towards surrounding homes.
6. There shall be a hedge to screen the sale of their
bulk items such as mulch, fertilizer, pine straw,
et cetera. The sale of their bulk items, in
addition to being screened, shall be placed in such
a way as not to be visible from the main road.
7. There shall be a colonial sign mounted on the
ground with all lighting directed immediately to
the sign. as offered on land use plan presented and
agreed to by the civic leagues and developer.
8. Front and side fencing (not chain link) facing
General Booth Boulevard and proposed Ferrell
Parkway shall be constructed. Said fence shall be
subject to approval by representatives of the
affected Civic Leagues.
9. Six of the ten acres shall be devoted to
agricultural purposes.
10. Landscaping buffer shall compliment adjacent
residents.
11. Extensive landscaping on the front part of the
property of the "Great Big Greenhouse" site shall
be planned according to good landscape design
standards and maintained properly.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Eighteenth day of August, Nineteen Hundred and Eighty-six.
- 21 -
Item II-F.l.e
PUBLIC HEARING
PLANNING ITEM # 25873 (Continued)
Voting: 7-4
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Mayor Robert G. Jones, Reba S.
McClanan and John L. Perry
Council Members Voting Nay:
Barbara M. Henley, John D. Moss, Vice Mayor Meyera E.
Oberndorf and Nancy K. Parker
Council Members Absent:
None
- 22 -
Item II-F.l.f
PUBLIC HEARING
PLANNING ITEM # 25874
Attorney Michael Inman represented the applicant and presented a letter to
City Council detailing existing Curb Conditions and Proposed Curb Cut
Serving Multiple Sites. (Said letter is hereby made a part of the record).
Applicant anticipated going to the Board of Zoning concerning variance on
Hayes Avenue set-backs.
Paul Ebert, District Manager, Midas Realty, reiterated intended operation and
traffic generation
Upon motion by Councilman Perry seconded by Councilman Heischober, City
Council DEFERRED for sixty (60) days until the City Council Meeting of
October 20, 1986 Ordinances for a Change of Zoning and Conditional Use
Permit:
ORDINANCE UPON APPLICATION OF MIDAS REALTY
CORPORATION FOR A CHANGE OF ZONING DITTICT
CLASSIFICATION FROM A-1 TO B-2
Ordinance upon application of MIDAS Realty
Corporation for a Change of Zoning District
Classification from A-1 Apartment District to B-2
Community-Business at the northeast corner of
Holland Road and Hayes Avenue on Lots 1-5 and 11-
15, Block 3, Pecan Gardens. Said parcels contain
25,265 square feet. PRINCESS ANNE BOROUGH.
A N D,
ORDINANCE UPON APPLICATION OF MIDAS REALTY
CORPORATION FOR A CONDITIONAL USE PERMIT FOR AN
AUTOMOTIVE REPAIR FACILITY
Ordinance upon application of MIDAS Realty
Corporation for a Conditonal Use Permit for an
automotive repair facility at the northeast corner
of Holland Road and Hayes Avenue on Lots 1-5 and
11-15, Block 3, Pecan Gardens. Said parcels contain
25,265 square feet. PRINCESS ANNE BOROUGH.
This Application was DEFERRED to enable presentation of a more suitable site
plan with an illustration and rendering of the store and landscape, as well as
providing additional information to City Council concerning adjacent lots 17
and 18.
Voting: 10-1
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Harold Heischober,
Barbara M. Henley, Mayor Robert G. Jones, Reba S.
McClanan, John D. Moss, Vice Mayor Meyera E.
Oberndorf, Nancy K. Parker and John L. Perry
Council Members Voting Nay:
Albert W. Balko
Council Members Absent:
None
- 23 -
Item II-F.l.g
PUBLIC HEARING
PLANNING ITF14 # 25875
Attorney Grover Wright represented the applicant and presented an agreement
encompassing conditions and restrictions.
Upon motion by Councilman Balko, seconded by Councilman Heischober, City
Council ADOPTED an Ordinance upon application of RML CORPORATION for a
Change of Zoning:
ORDINANCE UPON APPLICATION OF RML CORPORATION FOR A
CHANGE OF ZONING FROM R-6 TO @ 0-1 (As MODIFIED)
Z08861112
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon appliciation of RML Corporation for
a Change of Zoning District Classification from R-6
Residential District to P A Pi-@R4-igggg
0-1 (AS MODIFIED) Office District at the
northeast intersection of First Colonial Road and
Laurel Lane. Said parcel is located at 844 First
Colonial Road and contains 2.702 acres. Plats with
more detailed information are available in the
Department of Planning. LYNNHAVEN BOROUGH.
The followng condition shall be required:
1. Voluntary agreement encompassing conditions and
restrictions between RML Corporation and the City
of Virginia Beach shall be recorded in the Clerk's
Office of the Circuit Court of the City of Virginia
Beach. (Said agreement is hereby made a part of
the proceedings).
Voting: 10-1
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, John D. Moss, Vice Mayor Meyera E. Oberndorf,
Nancy K. Parker and John L. Perry
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
None
*Verbal Aye
RML CORPORATION,
a Virginia stock corporation,
TO (COVENANTS AND CONDITIONS
CITY OF VIRGINIA BEACH,
a municipal corporation of
the Commonwealth of Virginia
THIS AGREEMENT, made this 8th day of July, 1986,
between RML CORPORATION, a Virginia stock corporation with
its principal and registered office in the City of Virginia
Beach, Virginia, (Grantor) of the one part, and CITY OF
VIRGINIA BEACH, a municipal corporation of the Commonwealth
of Virginia, (Grantee) of the other part;
WITNESSETH THAT:
WHEREAS, the Grantor has initiated an amendment to
the Zoning Map of the City of Virginia Beach, Vii.-ginia, by
petition of the Grantor addressed to the Grantee, so as to
change the classification of the Grantor's property from R-6
(Residential District) tO 0-1 (Office District) on certain
property containing 2.702 acres, more or less, lccated at
844 First Colonial Road, in the City of Virginia Beach,
Virginia, said property being referred to hereinafter as
"the property," and being generally described on the plat
entitled "Physical Survey of 844 First Colonial Road for RML
Corporation, Lynnhaven Borough, Virginia Beach, Virginia,"
dated March 21, 1986, made by John E. Sirine and Associates,
Ltd., Surveyors & Engineers, recorded in the Clerk's Office
of the Circuit Court of the City of Virginia Beach,
Virginia, in Map Book , at page ; and
WHEREAS, the Grantee's policy is to provide only
for the orderly development of land, for various purposes,
including office and institutional uses, through zoning and
other land development legislation; and
WHEREAS, the Grantor acknowledges that the
competing and sometimes incompatible uses conflict and that
in order to permit differing uses on and in the area of the
subject property and at the saine time to recognize the
Pl@ C. WRIGIIT, JR.
effects of change, and the need for various types of uses,
including office and institutional uses, certain reasonable
conditions governing the use of the property for the
protection of the community that are not generally
applicable to land similarly zoned 0-1 are needed to cope
with the situation which the Grantor's rezoning application
gives rise to and to provide an environment appropriate to
office and institutional character and compatible with
adjoining residential uses; and
WHEREAS, the Grantor has voluntarily I)roffered in
writing, in advance of and prior to the public liearing
before the Grantee, as a part of the proposed ariendment to
the Zoning Map, in addition to the regulations provided for
in the 0-1 zoning district or by the existing o%,erall Zoning
Ordinance, the following reasonable conditions Y-elated to
the physical development and operation of the property to be
adopted as a part of said amendment to the new Zoning Map
relative to the property described above, which have a
reasonable relation to the rezoning and the need for which
is generated by the rezoning; and
WHEREAS, said conditions having been proffered by
the Grantor and allowed and accepted by the Grantee as part
of the amendment to the Zoning Ordinance, such conditions
shall continue in full force and effect until a subsequent
amendment changes the zoning on the property covered by such
conditions; provided, however, that such conditions shall
continue despite a subsequent amendment if the subsequent
amendment is part of a comprehensive implementation of a new
or substantially revised zoning ordinance, unless, not-
withstanding the foregoing, these conditions are amended or
varied by written instrument recorded in the Clerk's Office
of the Circuit Court of the City of Virginia Beach,
Virginia, and executed by the record owner of th(@ subject
property at the time of recordation of such insti--ument;
provided, further, that said instrument is conserited to by
the Grantee in writing as evidenced by a certifie@d copy of
2
an ordinance or a resolution adopted by the governing body
of the Grantee, after a public hearing before the Grantee
advertised pursuant to the provisions of Code of Virginia,
Section 15.1-431, which said ordinance or resolution shall
be recorded along with said instrument as conclusive
evidence of such consent;
NOW, THEREFORE, the Grantor, for itse@lf, its
successors, assigns, grantees, and other succe!3sors in title
or interest, voluntarily and without any reqUi2.-ement by or
exaction from the Grantee or its governing bodl7 and without
any element of compulsion or quid pro quo for 2:oning,
rezoning, use permit, site plan, building permit, or
subdivision approval, hereby makes the following declaration
of conditions and restrictions as to the physical develop-
ment and operation of the subject property and governing the
use thereof and hereby covenants and agrees that this
declaration shall constitute covenants running with the said
property, which shall be binding upon the property and upon
all parties and persons claiming under or through the
Grantor, his heirs, personal representatives, assigns,
grantees and other successors in interest or title, namely:
The minimum side and rear yard (eastern)
requirements of any use shall be ten (10) feet, and the yard
areas within the rear setback adjacent to the eastern
property line shall be undisturbed open space in which no
driveway or parking or other improvements may be located
except the privacy fence, screening, and landscaping and
drainage and utilities. However, within the 10' rear yard
setback no above ground utility installation O:f transformer
shall be placed, except air conditioning compr(,ssors and
electric meters which shall be immediately adjacent to the
buildings.
No portion of any building or other :3tructure
located on the property shall exceed twenty (20) feet in
height or one story, whichever is more restrictive. A solid
salt-treated wooden privacy fence anchored by 4" x 4" posts,
3
located on the western side, set in concrete, 81 on center,
with 1" x 4" vertical slats with substantially no airspace
or visibility, with screening hedge of red-tipped Photinia,
eight (8) feet in height shall be erected and rnaintained in
accord with City standards along the entire eastern property
line adjacent to the Laurel Manor single-famil.v residential
neighborhood. No trash area, durnpster or outs@Lde storage
shall be in the rear of the buildings. All lighting shall
be low intensity and directed to the interior of the
property. Any lighting on the rear side of the buildings
shall not exceed 60 watts per bulb. No surface drainage
shall drain onto the Laurel Manor subdivision or east of the
eastern property line. All burglar alarms shall be located
on the front or west side of the buildings; all trash
receptables or dumpsters shall be located more than 50 feet
from the eastern property line; no lighting on the property
shall shine in a horizontal westerly or easterly direction
anywhere on the property; only two curb cuts shall be
allowed onto First Colonial Road; and there shall be no
dumpster or trash receptacle collection between the hours of
9:00 p.m. and 6:00 a.m. In the event that the Grantor
acquires the adjacent "Godfrey" property to the north, all
of these above restrictions shall apply to the Godfrey
property.
The Grantor shall file no petition tc rezone the
property to a less restrictive zoning than 0-1 for ten
years.
All references hereinabove to the R-6 and 0-1
districts and to the requirements and regulations applicable
thereto refer to the Comprehensive Zoning ordinance of the
City of Virginia Beach, Virginia, in force as of July 8,
1986, which is by this reference incorporated herein.
The Grantor covenants and agrees that (1) the
Zoning Administrator of the City of Virginia Beach,
Virginia, shall be vested with all necessary authority on
behalf of the governing body of the City of Virginia Beach,
4
Virginia, to administer and enforce the foregoing con-
ditions, including (i) the ordering in writing of the
remedying of any noncompliance with such conditions, and
(ii) the bringing of legal action or suit to insure
compliance with such conditions, including mandatory or
prohibitory injunction, abatement, damages or other
appropriate action, suit or proceedings; (2) the failure to
meet all conditions shall constitute cause to deny the
issuance of any of the required building or occupancy
permits as may be appropriate; (3) if aggrieved by any
decision of the Zoning Administrator made pursuant to the
provisions, the Grantor shall petition to the governing body
for the review thereof prior to instituting proceedings in
court; and (4) the Zoning Map may show by an appropriate
symbol on the map the existence of conditions attaching to
the zoning of the subject property on the map and that the
ordinance and the conditions may be made readily available
and accessible for public inspection in the office of the
zoning Administrator and in the Planning Department and that
they shall be recorded in the Clerk's office of the Circuit
Court of the City of Virginia Beach, Virginia, and indexed
in the name of the Grantor and Grantee.
WITNESS the following signature.
'M o@"
p
B
. er
President
STATE OF VIRGINIA,
CITY OF VIRGINIA BEACH, to-wit:
I, I a Notary Public in
and for the State ot'virginia au jdrge, do hereby certify
that Robert M. Letchworth, Jr., whose name is signed as
President of RML Corporation, Grantor, to the foregoing
instrument bearing date on the 8th day of July, 1986, has
acknowledged the same before me in the city and state
aforesaid.
Given under my hand this 2 day of July, 1986.
,NO
my commission expires
5
- 24 -
Item II-F.l.h
PUBLIC HEARING
PLANNING ITEM # 25876
Upon motion by Vice Mayor Oberndorf, seconded by Councilwoman Parker, City
Council DEFERRED until the City Council Meeting of September 22, 1986:
ORDINANCE TO AMEND AND REORDAIN ARTICLE 1, SECTION
Ill OF THE COMPREHENSIVE ZONING ORDINANCE
PERTIANING TO THE DEFINITION OF A DAY CARE CENTER
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
- 25 -
Item II-F.l.i.
PUBLIC HEARING
PLANNING ITEM # 25877
Robert Scott, Director of Planning, reiterated information concerning locations
of streets. A rough version of the PROPOSED MASTER STREET & HIGHWAY PLAN
GENERAL CORRIDOR CONCEPT PLAN and analysis of the MASTER STREET AND HIGHWAY
PLAN including a SUMMARY of Street Recommendations was distributed to City
Council. (Said documents are herby made a part of the record). This PROPOSED
MASTER STREET AND HIGHWAY PLAN does include the location of BIKEWAYS that
would be constructed with the major highway system. The current MASTER STREET
AND HIGHWAY PLAN does not reflect same. The City Council has designated certain
streets on the Master Street and Highway Plan as streets having scenic strips.
After deliberation, it will be necessary to devise a series of collector
systems for the City which would compliment same. There have been minor
changes in the areas north of Virginia Beach Boulevard. A number of roadways
have been planned; however, throughout the central portion of the City. The
SOUTHEASTERN EXPRESSWAY is proposed for relocation to the east side of Oceana.
The approximate cost of the MASTER STREET AND HIGHWAY PLAN excluding the
SOUTHEASTERN EXPRESSWAY would be $700 MILLION.
William Cashman, Planning Department, reiterated the eastern alignment of the
SOUTHEASTERN EXPRESSWAY would be approximately $10 MILLION per mile and would
be approximately 17 miles long.
Maps will be made available concerning the proposed FASTERN ALIGNMENT of the
SOUTHEASTERN EXPRESSWAY for public concern. The Council suggested various
means of informing the Public i.e, utilization of Channel 29, utilization of
the taping equipment of Tidewater Community College for presentation or direct
presentation to the Coalition of Civic Leagues in the Red Mill and General
Booth Corridor affected by this Eastern Alignment.
The following spoke in OPPOSITION to the widening of South Plaza Trail:
Judith G. Marchant, resident of Windsor Oaks
Charles R. Pedrick, resident of Windsor Gate Place, presented a petition of
1,775 signatures. (Said petition is hereby made apart of the record).
Patrick E. O'Keefe, resident of Silina Drive
Ernest R. Slaybaugh, resident of South Plaza Trail
John P. Garland, resident of Berwick Crescent
George Delano, representative of the Larkspur Civic League
James H. Taylor, resident of Windsor Woods, registered but did not speak
Thomas A. Curran, represented the Lake James Home Association, and spoke in
oppositon to the inclusion of Centervile Turnpike on Bond Referenudum
The City Council took NO ACTION:
Ordinance to AMEND the Master Street and Highway
Plan in accordance with consultant studies by
Harland Bartholomew and Associates.
- 26 -
Item II-F.l.j.
PLANNING
ITEM # 25878
Upon motion by Councilwoman McClanan, econded by Councilman Perry, City
Council ADOPTED ALTERNATIVE II, AS AMENDED:
Ordinance to amend and reordain Subsection 107 (f)
of the Comprehensive Zoning Ordinance pertaining to
the vote necessary to amend the ordinance.
In Paragraph 3, Lines 17 and 18 the following
shall be amended:
" ... in the event of a tie vote due to the absence
of one or more members ' any member of City Council
may initiate reconsideration of the proposed
amendment within thir@ @ twenty-one (21) days
thereof.
Voting: 8-1
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Harold Heischober,
Barbara M. Henley, Mayor Robert G. Jones, Reba S.
McClanan, Vice Mayor Meyera E. Oberndorf and John L.
Perry
Council Members Voting Nay:
John D. Moss
Council Members Absent:
Robert E. Fentress and Nancy K. Parker
AN ORDINANCE TO AMEND AND REORDAIN
SUBSECTION 107 (F) OF THE
COMPREHENSIVE ZONING ORDINANCE
PERTAINING TO THE VOTE NECESSARY TO
AMEND THE ORDINANCE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Subsection 107(f) of the comprehensive Zoning
Ordinance is hereby amended and reordained to read as follows:
Sec. 107. Amendments.
(f) city council hearing; action following hearing. The
hearing shall be held at the time and place announced. Following
the hearing, council may make appropriate changes or corrections
in the proposed amendments; provided, however, that no additional
land may be zoned to a different classification than was
contained in the public notice and no land may be rezoned to a
less restrictive classification without new notice and hearing.
where such changes or corrections are of a su.bstantial nature,
the modifications shall be transmitted to the planning commission
for review and report prior to final passage by council. In
connection with such actions, the planning corninission may hold
public hearings, if it deems such hearings zippropriate, with
notice suiting the circumstances of the case. An affirmative
vote of a majority of the members of the city council present and
voting shall be required to amend ordinance. A tie vote shall be
deemed a denial of the proposed amendment; however, in the event
of a tie vote, due to the absence of one or more
member of city council may initiate reconsideration of the
proposed amendment within twenty-one (21) days thereof.
The ordinance shall be effective from the date of its
adoption.
Adopted by the City Council of the City of Virginia
Beach, Virginia on this 18th day of August 1986.
GLF/tap
(08/11/86)
(08/13/86)
(08/22/86)
(czolO7fa.pro)
- 27 -
Item II-G.l.
RESOLUTIONS
ADD-ON
ITF14 # 25879
Upon motion by Cuoncilman Heischober, seconded by Vice Mayor Oberndorf, City
Council ADOPTED:
ORDINANCE CONFIRMING THE DECLARATION OF A LOCAL
EMERGENCY BY THE CITY OF VIRGINIA BEACH, VIRGINIA.
Due to Hurricane Charley, a local emergency was
declared by the City Manager/Director of Emergency
Services on August 17, 1986, at 6:37 PM. This
declared emergency was hereby ended at 12:00
MIDNIGHT, August 17, 1986
Voting: 9-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Harold Heischober,
Barbara M. Henley, Mayor Robert G. Jones, Reba S.
McClanan, John D. Moss, Vice Mayor Meyera E.
Oberndorf and John L. Perry
Council Members Voting Nay:
None
Council Members Absent:
Robert E. Fentress and Nancy K. Parker
I
AN ORDINANCE CONFIRMING THE
DECLARATION OF A LOCAL
EMERGENCY BY THE CITY OF
VIRGINIA BEACH, VIRGINIA
WHEREAS, pursuant to Section 44-146.21 of the Code of
Virginia, as amended, Section 2-413 of the code of the City of
virginia Beach, Virginia, a local emergency was declared by the
City Manager/Director of EMergency Services on August 17, 1986,
at 6:37 PM; and
WHEREAS, due to the heavy winds and rain caused by
Hurricane CharleY, the City of Virginia Beach was faced with
dangerous weather conditions; and
WHEREAS, due to the hurricane warning status, a
condition of extreme peril to life and property existed,
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
That pursuant to Section 44-146.23. of the Code of
Virginia, as amended, section 2-413 of the Code of the City of
Virginia Beach, Virginia, the emergency declared by the City
Manager/Director of Emergency Services is hereby confirmed and
ratified.
BE IT FURTHER ORDAINED that the declared emergency is
hereby ended at 12:00 PM, August 17, 1986.
This ordinance shall take effect immediately.
Adopted by the Council of the City of Virginia Beach,
Virginia, on
0 CO','fE@;f"
JAR/ih
8/18/86
DE PA k, T,,,,,' . N T
APIPIROVED/,AS -1 0 L E(-@ A.L
!,CN Y AND F @,@A
@l' A,@D F(--
T,
- 28 -
Item II-G.2.a/b
RESOLUTIONS ITEM # 25880
Upon motion by Councilman Heischober, seconded by Vice Mayor Oberndorf, City
Council ADOPTED Resolutions approving the issuance of Industrial Development
Revenue Bonds to:
Crusader Circle Associates $g,goo,ooo
Triton Towers Associates $700,000
Voting: 9-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Harold Heischober,
Barbara M. Henley, Mayor Robert G. Jones, Reba S.
McClanan, John D. Moss, Vice Mayor Meyera E.
Oberndorf and John L. Perry
Council Members Voting Nay:
None
Council Members Absent:
Robert E. Fentress and Nancy K. Parker
BOND ISSUES FOR CITY COUNCIL'S AUGUST 18, 1986 AGENDA:
DEVELOPMENT AUTHORITY PRIORITY 1
Warehouse/Distribution
Crusader Circle Associates - $9,900,000
DEVELOPMENT AUTHORITY PRIORITY NO. 2
Hotel/Motel
Triton Towers Associates - $700,000
SU@l,NIARY SHEE@-
CITY OF VIRGINIA BEACH DEVELOPMENT AU@HORITY
INDUSTRIAL DEVELOP@IENT REVENUE BOND
1. PROJECT NAME: ("Tilsaipr Circle Associates
2. LOCATION: O(,Pqni TIest Indi-istrial Park: Crusader Circle
and London Brfd-ge Poa
3. DESCRIPTION OF PROJECT: Wprehouse/Distri-butioh Center
4. AMOUNT OF BOND ISSUE: $c) onn non
5. PRINCIPALS: H6chb-g and Vincent J. i@stracco, Jr..
6. ZONING CLASSIFICATION:
a. PreSent zoning
Classification of the
Property Industrial @d Manufacturing
b. Is. rezoning proposed? Yes No X
C. If So, to what zoning
classification?
FISCAL I@IPACa' STATL'@IENT
FOR PROPOSED INDUSTRIAL REVENUE BOND FINIU@CIIIG
DA'PE: july 10, 1986
'110; TIIE CITY COUNCIL OF VIRGINIA BENCii, VIRGINIA
I,I(OJECT NAME: Crusader Circle AssociateS
TYPE OF FACILITY-. lqarc@ho
Lisc!/Distribut:ion Facilitv
1. maximum amount of financing sought s 900,000
2. Estimated taxable value of the
facility's real property to be
constructed in the munic4@pality s 000 00')
3. Estimated real property tax per
year using present tax ratos s 64 000
4. Estiniated personal property tax
per year using present tax rates $ 30 000
5. Estimated merchants' capital
(business license) tax per
year using present tax rates $ Unlmo%,,n
6. Estimated dollar value per year
of goods and services that will
be purchased locally @ Lin@-no@.,n
7. Estimated number of regular
employees on year round basis
8. Average annual salary per employee $Ilnlno@gn
The information contained in this Statement is based
solely on facts and estimates provided by the Applicant, aiid
tho tuthority has made no indepeiident investigation with
r@spoct thereto.
CITY OF VIRGINIA BEACH
DEVELOPMENT AUTHORITY
13 Y-
Economic Impact Statement
1. Amourit of investment $ 9,900,000
2. Amount of industrial revenue bond
financing sought $ 9,900,000
3. Estimated taxable value of the
facility's real property to be
constructed in the City of
Virginia Beach $ 8,000,000
4. Estimated real property tax per
year using present tax rate $ 64,000
5. Estimated personal property tax $ 3 0 , 0 0 0
6. Economic impact statement
demonstrating the overall
return to the City:
A. Number of new jobs over 100
B. Payroll generated @ Unknown Av. @,lage $ Unknown
C. Number of jobs retained N/A
D. Pavroll retained $ N/A Av. Wage $ N/A
E. Estimate of the value of goods and services
purchased within the geographic boundary o@@
Virginia Beach by type (inventory, machinery,
professional services, insurance, motor vehicles,
etc.): Unknown
Type Value
$
$
$
$
$
Estimated building permit fee
and other municipal fees Unknc,wn $
The Applicant is unfamiliar with many aspects to the Region's
economy at this time and is not qualified to address many of
the items contained in this statement.
G Estimated construction payroll s Unknown
H. Estimated value of construction
material to be purchased within
the city of Virginia Beach $ Unknown
I. Estimated number of Unknown
construction jobs
J. Any other items of @ihich the
applicant feels the Authority
should be made aware of in
evaluating the project
7. is the site currently zoned for the use of being
proposed for industrial revenue bond financing?
Yes x No
8. Has a bond purchase agroeroent/commitment been accepted
by the appl4-cant? (attach a copy) Yes No x
9. will the bond financing close within 90 days from the
date of adoption of the inducement resolution?
Yes x No
10. Location of project (attach location map)
oceana west Industrial Park, Crusader Circ e an
Londo @e Road
11. Explanation of alternative financing th@at has been
reviewed for project Taxable loan
I herebv certify that the information stated in the
above Economic Impact Statement IS accu,-ate and true in all
respects.
3
iff li@ant)
Subscribed and sworn to before me this /0@ day of
1 9 8 6.
Notary Public
Yiy Coiinission E,,pires:
I A
PROJECE L)OCATIOrl
PilOjECT @JAI-II7: Cnisader Circle Associates
PROJEC,r TDDREc-S: Oceana West Industrial Park: Crusader Circle and
London Bridge Road
TYIIE OF PROJECT: llareliouse/Distribution FaciliLy
A meeting of the Councli of the City of Virginia Beach,
Virginia, was held in the Council Chambers, in the Adminis-
tration Building, on the 18thday of August, 1986.
on motion b,v Heischober th. foll--
and seconded by ob
ing Resolution was adc
RESOLUTION APPROVING THE ISSUANCE OF INDUSTRIAL
DEVELOPMENT REVENUE BONDS FOR CRUSADER CIRCLE
ASSOCIATES
WHEREAS, the City of Virginia Beach Develc)pment Authori-
ty (the Authority) has considered the applicati.on of Crusader
Circle Associates (the Company) for the issuance of the
Authority's industrial development revenue bonds in an amount
not to exceed $9,900,000 (the Bonds) to assist in the financ-
ing of the Company's acquisition, construction and equipping
of a warehouse and distribution facility (the Facility) to be
located at Crusader Circle and London Bridge Road in the City
of Virginia Beach, Virginia, and to be leased to a corpora-
tion in which one or more of the partners of the Company will
be a principal, and has held a public hearing thereon on
August 12, 1986; and
WHEREAS, the Authority has recommended that the City
Council (the Council) of City of Virginia Beach, Virginia
(the City), approve the issuance of the Bonds to comply with
Section 103(k) of the Internal Revenue Code of 1954, as
amended, and Section 15.1-1378.1 of the Code of Virginia of
1950, as amended, and has authorized the City Manager to
submit an application to the Virginia Department of Housing
and Conununity Development requesting $9,900,000 from the
"State Reserve", as defined in Executive order 54(85) of the
Governor of the Commonwealth of Virginia dated January 23,
1985 (the Executive order), with respect to the issuance of
the Bonds;
WHEREAS, a copy of the Authority's resolution approving
the i ssuance of the Bonds, subject to terms to be agreed
upon, a reasonably detailed s,minary of the comments expressed
at the public hearing with respect to the Bonds and a state-
ment in the form prescribed by Section 15.1-1373.2 of the
code of Virginia of 1950, as amended, have been filed with
the clerk of the Council;
BE IT RESOLVED BY THF CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. The recitals made in the preambles to this Resolu-
tion are hereb.v adopted as a part of this Resolution.
2. The Council of the City of Virginia Beach, Virginia,
approves the issuance of the Bonds by the City of Virginia
Beach Development Authority to assist in the financing of the
Facility for the benefit of the Company, to the extent of and
as required by Section 103(k) of the Internal Revenue Code of
1954, as amended.
3. The approval of the issuance of the Bonds, as
required by such Sections 103(k) and 15.1-1378.1, does not
constitute an endorsement of the Bonds or the creditworthiness
of the Company, but, pursuant to Chapter 643, Virginia Acts
of Assembly of 1964, as amended, the Bonds shall provide that
neither the City nor the AUthority shall be obligated to pay
the Bonds or the interest thereon Or Other costs incident
thereto except from .the revenues and moneys pl(@dged therefor,
and neither the faith or credit nor the taxinq power of the
commonwealth, the City, or the Authority shall be pledged
thereto.
4. The City Manager is hereby authorized and directed
to submit an application to the Virginia Department Of
Housing and Community Development requesting $9,900,000 f rom
2
the "State Reserve", as defined in the Executive order with
respect to the issuance of the Bonds.
5. This Resolution shall take effect irimediately upon
its adoption.
Adopted by the Council of the City of Virginia Beach,
virginia, on Auaust 18, 1986.
3
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
INDUSTRIAL DEVELOPMENT REVENUE BOND
1. Project Name: TRITON TOWERS ASSOCIATES,
A Virginia limited partnership
2. Project @cation-. VACANT OCEANFRONT LOT AT 23RD STREET
AND ATLANTIC AVENUE, VIRGINIA BEACH,
VIRGINIA, ADJACENT TO AND CONTIGUOUS
WITH THE EXISTING TRITON TOWERS
HOTEL
3. Description of
Project: A 62, 500 (APPROXIMATE) SQUARE FOOT
HOTEL TOWER ADDITION TO EXISTING HOTEL
TO CONTAIN APPROXIMATELY 48 UNITS,
RESTAURANT, PARKING DECK AND POOL
4. Amount of
Bond Issue: $700,000-00
5. Principals: SURF AND SAND, INC., A VIRGINIA
CORPORATION, GENERAL PARTNER AND
LAWRENCE R. SIEGEL AND NORMAN
LEVINE
6. zoning Classification:
(a) Present zoning
classification of
the property? H-2
(b) Is rezoning proposed? Yes No x
(c) If so, what zoning
classification? N/A
DNR/6.10.7.C
I
FISCAL IMPACT STATE?.IENT
FOR PROPOSED INDUSTRIAL IIEVENUE BOND FINANCING
DATE: AUGUST 12, 1986
TO: THE CITY COUNCIL OF
VIRGINIA BEACH, VIRGINIA
PROJECT NAME: TRITON TOWERS ASSOCIATES,
A VIRGINIA LIMITED PARTNERSHIP
TYPE OF FACILITY: 62,500 (APPROXIMATE) SQUARE FOOT HOTEL
TOWER ADDITION TO AN EXISTING HOTEL TO
CONTAIN APPROXIMATELY 48 UNITS,
RESTAURANT, PARKING DECK AND POOL
1. Maximum amount of financing sought $ 700,000.00
2. Estimated taxable value of the facility's $3,200,000.UO
real property to be constructed in the
municipality
3. Estimated real-property tax per year using $ 25,600.OU
present tax rates
4. Estimated personal property tax per year $ 13,000.00
using present tax rates
5. Estimated merchants' capital (business $ 12,000.UO
license) tax per year using present
tax rates
6. Estimated dollar value per year of goods s ioo,uoo.oo
and services that will be purchased locally
7. Estimated number of regular employees on 24
year round basis
8. Average annual salary per employee $ ii,5uo.uu
The information contained in this Statement is based solely on
facts and estimates provided by the Applicant, and the Authority hlis
made no independent investigation with respect thereto.
City of Virginia Beach
Development Authority
BV
DNR/6.10.8.C
Economic Impact Statement
Amount of investment $3,700,000-00
2. Amount Of industrial revenue bond financing
sought $- 700,000-00
3. Estimated taxable value of the facility's
real property to be constructed in the CitY
of Virginia Beach $3,200,000.00
4. Estimated real property tax per year using
present tax rate $ 25,600.00
S. Estimated personal property tax $ 13,000.00
6. Economic impact statement demonstrating the
ovetall return to the city:
A. Number of new jobs 12
B. Payroll generated $132,000-00 Av. Wagia $ 11,000.00
C. Number of jobs retained 12
0. Payroll retained $150,000.OOAv. Wage $ 12,300.00 --
E. Estimate of the value of goods and services purchased
within the geographic boundary of Virginia Beach by
tyl3e (inventory, machinery, professional services,
insurance, motor vehicles, etc.):
Type Value
Architectual
Engineering $ 60 000-00
Legal $ 5,000-00
Buil $ 3,0,50,000-00
$
TOTAL $ 3,145 000.00
F. Estimated building permit fee and other municipal
fees Unknown
G. Estimated construction payroll $500,000,00
H. Estimated value of construction material
to be purchased within the City of
Virginia Beach $ ee 6
I. Estimated number of construction jobs 75
J. Any other items which the applicant feels
the Authority should be made.aware of in
evaluating the project Additional units for touri-sts
will provide additional tourist dollars to the area.
7. Is the site currently--.zoned'-for the spec:ific use being
-se-d-fbk-.-industrial@ revenue bond financing? Yes x
propo
No
8. Has abond purchaIse agreement/commitment been accepted by
the applicant@ (attach a-copy)@ Yes No
9. Will the bond financing close withiri 90 -days from the
date of adootion of t-he.indu.cement resolution? Yes
No
10. Location of project (attach location map)
Atlantic, Vircin@La i
11. Explartation of alternative financing that has been
reviewed for project This financing constitutes a supplemental
bond to a $2,825,000.00 bond issued in 1985.
I hereby CertifY that the information stated in the above
reslrcts -
Economic impact Statement is a irginia
general
subscribed and sworn to before.me this day of
198h.
OtL
My Commission Expires:
David N. Reda, Esquire
Pickett, Lyle, S-iegel, Drescher& Croshaw
Post Office Box 61888
Virginia Beach,.VA 23462
(804) 490-6006
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PROJECT NAME Triton Towers Associates,
a Virginia limited partnership
PROJECT ADDRESS: 23rd and Atlantic Avenue
Virginia Beach, Virginia
TYPE OF PROJECT: Hotel
RESOLUTION APPROVING THE ISSUANCE
OF INDUSTRIAL DEVELOPMENT REVENUE BONDS
TRITON TOWERS ASSOCIATES
WHEREAS, the City of Virginia Beach Development Authority (the
"Authority") has considered the application and plan of financing of
Triton Towers Associates, a Virginia limited partnership (the
"Purchaser") for the issuance of the Authority's industrial development
revenue bonds in an amount estimated at Seven Hundred Thousand Dollars
($700,000.00) (the "Bonds") to assist in the financing of the
Purchaser's construction and equipping of a 62,500 (approximate) square
foot hotel tower addition to an existing hotel to contain approximately
48 units, a restaurant, parking deck and pool to be constructed on an
oceanfront lot located adjacent to and contiguous with the Triton Towers
Hotel at 23rd Street and Atlantic Avenue, Virginia Beach, Virginia, and
after proper notice in a newspaper of general circulation has held a
public hearing thereon on August 12, 1986 pursuant to Section
15.1-1378.1 of the Code of Virginia, 1950, as amended; and
WHEREAS, the Authority has requested the City Council (the
"Council") of Virginia Beach, Virginia (the "City") to approve the
issuance of the Bonds in compliance with Section 103(k) of the Internal
Revenue Code of 1954, as amended; and
WHEREAS, pursuant to Section 15.1-1378.1 Cotie of Virginia,
1950, as amended, a copy of the Authority's Resolution approving the
issuance of the Bonds, subject to terms to be agreed upon, and a reaso-
nably detailed summary of the comments expressed at the public hearing,
if any, as well as the Fiscal impact Statement and other requested docu-
ments, have been filed with the Council of the City of Virginia Beach,
Virginia;
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF VIRGINIA BEACH, VIRGINIA:
1. The Council of the City of Virginia Beach, Virginia, appro-
ves the issuance of the Bonds by the City of Virginia Beach Development
Authority for the benefit of Triton Towers Associates, a Virginia
limited partnership, to the extent of and as required by Section 103(k)
of the Internal Revenue Code, to permit the Authority to assist in the
-1-
financing of the Facility.
2. The approval of the issuance of the Bonds, as required by
Section 103(k), does not constitute an endorsement of the Bonds or the
creditworthiness of the Purchaser; but, pursuant to Chapter 643,
Virginia Acts of Assembly of 1964, as amended, the Bonds shall provide
that neither the City nor the Authority shall be obligated to pay the
Bonds or the interest thereon or other costs incident thereto except
from the revenues and monies pledged therefore, and neither the faith or
credit nor the taxing power of the Commonwealth, the City or the
Authority shall be pledged thereto.
3. This Resolution shall take effect immediately upon its
adoption.
ADOPTED by a majority of a quorum of the Council of the City of
Virginia Beach, Virginia on August 18 1986.
DNR/6.10.6.C
-2-
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
INDUSTRIAL DEVELOPMENT REVENUE BOND
1. Project Name: TRITON TOWERS ASSOCIATES,
A Virginia limited partnership
2. Project Location: VACANT OCEANFRONT LOT AT 23RD STREFT
AND ATLANTIC AVENUE, VIRGINIA BEACH,
VIRGINIA, ADJACENT TO AND CONTIGUOUS
WITH THE EXISTING TRI TON TOWERS
HOTEL
3. Description of
Project- A 62, 500 (APPROXIMATE) SQUARE FOOT
HOTEL TOWER ADDITION TO EXISTING HOTEL
TO CONTAIN APPROXIMATELY 48 UNITS,
RESTAURANT, PARKING DECK AMD POOL
4. Amount of
Bond Issue: $700,000.00
5. Principals: SURF AND SAND, INC., A VIRGINIA
CORPORATION, GENERAL PARTNER AND
IAWRENCE R. SIEGEL AND NORMAN
LEVINE
6. Zoning Classification:
(a) Present zoning
classiftcation of
the property? H-2
(b) Is rezoning proposed? Yes No x
(c) If so, what zoning
classification? N/A
DNR/6.10.7.C
FISCAL IMPACT ST.AITET.IENT
Folt PROPOSED INDUS'FltlAL REVENUE BOND FINANCING
DATE: AUGUST 12, 1986
TO: THE CITY COUNCIL OF
VIRGINIA BEACH, VIRGINIA
PROJECT NAME: TRITON TOWERS ASSOCIATES,
A VIRGINIA LIMITED PARTNERSHIP
TYPE OF FACILLTY: 62,500 (APPROXIMATE) SQUARE FOOT HOTEL
TOWER ADDITION TO AN EXISTING IIOTEL TO
CONTAIN APPROXINIATELY 48 UNI'RS,
RESTAURANT, PARKING DECK AND POOL
1. Maximum amount of financing sought $ 700,000.UU
2. Estimated taxable value of the facilityis $3,200,000-00
real property to be constructed in the
municipality
3. Estimated real property tax per year using $ 25,600.UO
present tax rates
4. Estimated personal property tax per year $ 13,000.UO
using preserit tax rates
5. Estimated merchants' capital (business $ 12,UOO.00
license) tax per year using present
tax rates
6. Estimated dollar value per year of goods s100,000.00
and services that will be purchased locally
7. Estimated number of regular eniployees on 24
year round basis
8. Average annual salary per einployee s 11,500.0t)
The information contained in this Statement is based solely on
facts and estimates provided by the Applicant, and the Authority lias
made no independent investigation with respect thereto.
City of Virginia Beach
Development Authority
By
DNR/6.10.8.C
Economic Impact Statement
1. Amount of in7estment $3,700,000.00
2. Amount of industrial revenue bond financing
sought $ 700,000.00
3. Estimated taxable value of the facility's
real property to be constructed in the City
of Virginia Beach $ 3,200,000.00
4. Estimated real property tax per year using
present tax rate 25,600.00
5. Estimated personal property tax 13,GOO.00
6. Economic impact statement demonstrating the
ovetall return to the city:
A. Number of new jobs 12
B. Payroll generated $132,000-00 Av. Wage 11,000.00
C. Number of jobs retained 12
0. Payroll retained $150,000-OOAv. wage $ 12,300.00 --
E. Estimate of the value of goods and services purchased
within the geographic boundary of Virginia Beach by
type (inventory, machinery, professional services,
iasurance,.motor vehicles, etc.):
Type Value
Architectual
Engineering $ 60,000.00
Legal $ 3 5 , 0 0 0 . 00
Buildinq $ 3,0,50,000-00
$
TOTAL 3,145,000.00
F. E,timated building permit fee and other municipal
fees
G. Estimated construction pay-Coll $500 0 0
H. Estimated value of construction material
to be purchased within the CitY Of
$ ee 6
Virginia Beach
J. Estimated number of construction jobs 7 5
,j. Any other items which the applicant feels
id be made aware of-in
the Authority shou
evaluating the Project AdditiOnal
will provide addIitio liars to the area.
7. Is the Site currentlY--zoned-for the specific use being
-id -for7-industrial- revenue bond @f inancing, Yes x
prop s
No
greement/commitment been accepted by
Has abond purchase a
h A@COPY) Yes No
the applicant?@(attac
hi- go days from the
9. will the bond financi,,g close wit n
esolution? Yes
the,.inducement,r
date Of adoi@ior, 0
No
of project (attach location map)
10. Location
Atlant c,, Vir 'la
native financing that has been
11' Explanation of alter mental
This financing constitutes a supple
reviewed for project
bond t a $2,825,000.00 bond i ued in 1985
I hereby certify that the information stated in the above
Economic Impact Statement is accurate and true in all respects.
TRITON TOWERS ASSC)CIATES, a 'Virginia
limited partnershi.@
By ' I general
partsn ene@.
By: Apl3licant)
bscribed and sworn to before me this C?@ay of
198hsu
'Notary Public u
My Commission Expires:
David N. Reda, Esquire
Pickett, Lyle, Siegel, Drescher & Croshaw
Post Office Box 61888
Virginia Beach, @A 23462
(804) 490-6000
i!iiiAiL@
LITTLE
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CA'RI ON
:ZAN
71 C. S E
@l; I I
PROJECT NAME Triton Towers Associates,
a virginia limited partnership
PROJECT ADDRESS: 23rd and Atlantic Avenue
Virginia Beach, Virginia
TYPE OF PROJECT: Hotel
RESOLUTION APPROVING THE ISSUANCE
OF INDUSTRIAL DEVELOPMENT REVENUE BONDS
TRITON TOWERS ASSOCIATES
WHEREAS, the City of Virginia Beach Development Authority (the
"Authority") has considered the application and plan of financing of
Triton Towers Associates, a Virgiriia limited partnership (the
"Purchaser") for the issuance of the Authority's industrial development
revenue bonds in an amount estimated at Seven Hundred Thousand Dollars
($700,000.00) (the "Bonds ") to assist in the financing of the
Purchaser's construction and equipping of a 62,500 (approximate) square
foot hotel tower addition to an existing hotel to contain approximately
48 units, a restaurant, parking deck and pool to be constructed on an
oceanfront lot located adjacent to and contiguous with the Triton Towors
Hotel at 23rd Street and Atlantic Avenue, Virginia Beach, Virginia, and
after proper notice in a newspaper of general circulation has held a
public hearing thereon on August 12, 1986 pursuant to Section
15.1-1378.1 of the Code of Virginia, 1950, as amended; and
WHEREAS, the Authority has requested the City Council (the
"Council") of Virginia Beach, Virginia (the "City") to approve the
issuance of the Bonds in compliance with Section 103(k) of the Internal
Revenue Code of 1954, as amended; and
WHEREAS, pursuant to Section 15.1-1378.1 Code of Virginia,
1950, as amended, a copy of the Authority's Resolution approving the
issuance of the Bonds, subject to terms to be agreed upon, and a reaso-
nably detailed summary of the comments expressed at the public hearing,
if any, as well as the Fiscal Impact Statement and other requested docu-
ments, have been filed with the Council of the City of Virginia Beach,
Virginia;
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF VIRGINIA BEACH, VIRGINIA:
1. The Council of the City of Virginia Beach, Virginia, appro-
ves the issuance of the Bonds by the City of Virginia Beach Development
Authority for the benefit of Triton Towers Associates, a Virginia
limited partnership, to the extent of and as required I:)y Section 103(k)
of the Internal Revenue Code, to permit the Authorit3, to assist in the
-1-
financing of the Facility.
2. The approval of the issuance of the Bonds, as required by
Section 103(k), does not constitute an endorsement of the Bonds or the
creditworthiness of the Purchaser; but, pursuant to Chapter 643,
Virginia Acts of Assembly of 1964, as amended, the Bonds shall provide
that neither the City nor the Authority shall be obligated to pay the
Bonds or the interest thereon or other costs incident thereto except
from the revenues and monies pledged therefore, and neither the faith or
credit nor the taxing power of the Commonwealth, the City or the
Authority shall be pledged thereto.
3. TTds Resolution shall take effect immediately upon its
adoption.
ADOPTED by a majority of a quorum of the Council of the City of
Virginia Beach, Virginia onaugust 18 1986.
DNR/6.10.6.C
-2-
- 29 -
Item II-G.3.
RESOLUTIONS
IT124 # 25881
Upon motion by Councilman Baum, seconded by Vice Mayor Oberndorf, City
Council ADOPTED, AS AMENDED:*
Resolution providing for the amendment of the
Charter of the City of Virginia Beach, Virginia, by
amending Sections 3.01, 3.02:1, 3.03 and 3.07 and
by adding Section 3.02:2, to authorize the Direct
Election of the Mayor.
i@On Page 3, Paragraph 3, line 6, the following words shall be deleted:
" ... or such earlier date as set forth in the
resignation...
Voting: 9-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Harold Heischober,
Barbara M. Henley, Mayor Robert G. Jones, Reba S.
McClanan, John D. Moss, Vice Mayor Meyera E.
Oberndorf and John L. Perry
Council Members Voting Nay:
None
Council Members Absent:
Robert E. Fentress and Nancy K. Parker
RESOLUTION PROVIDING FOR THE AMENDMENT OF THE CHARTER
OF THE CITY OF VIRGINIA BEACH, VIRGINIA, BY AMENDING
SECTIONs 3.01, 3.02:1, 3.03 AND 3.07 AND BY ADDING
SECTION 3.02:2, TO AUTHORIZE THE DIRECT ELECTION OF THE
14AYOR.
W'HEREAS, the Cormnission on Local Government's Report to CiLy
Council, dated October 7, 1985, recormnended that the City of Vir-
ginia Beach (the City) amend its charter to provide for the di-
rect election of the mayor.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
1. It is hereby determined to be in the best interest of
the City to request the General Assembly of Virginia to amend the
City's charter to provide for the direct election of the mayor as
recommended in the above-mentioned report by amending
Sections 3.01, 3.02:1 and 3.03 and adding a new Section 3.02:2 as
follows:
Sec. 3.01. Division of city into boroughs; composition of
council.
The city shall be divided into seven boroughs. One of such
boroughs shall comprise the city of Virginia Beach as existing
immediately preceding the effective date of this Charter and
shall be known as the borough of virginia Beach, and the re-
maining six boroughs shall comprise the six magisterial districts
of PrinceSS Anne County as existing immediately pr6ceding the ef-
fective date of this Charter and shall be known as the boroughs
of Bayside, Blackwater, Kempsville, Lynnhaven, Princess Anne
(formerly known as Seaboard) and Pungo. The council shall
the ma or, one mem-ber to be
consist of eleven members nldi- ch of
ty at large from among the residents of ea
elected by the ci r to be
the seven boroughs and four thee embes and tle ma or
elected by and from the city at large.
Sec. 3.02:1- Flection of councilmen.
On-th,-seeend-TtiesdaY-im-a,ne-in-19407-there-sholl-be-a-gen-
wh-ieh-the-qu,l.ified-vaters-of-the-eitY-sh"ll
eral-eleetien-&t-
-cf-the@r
years7-and-three -.1drge-for-terms-of-two-yearsT-
residence-and-twO-r nn'ng-at d-for-terifts-ef-fOur
ThereafterT-dll-eedne-ilmen-sh,li-be-eleet -Igqg,-the
yearsT--ef-the-ecune'ilmen-running-at-large-in-adne-of
he-l&rgest-nt-ber-of-votes-,hell-serve-for-a-term
two-reeeiving-t ing-from-the-boredgh-Of
,f-feur-yearsT- ,a-of-the-eauneilrften-runn
-the-four-rece.iving-the-largest-nt-ber-of-vOtes
the-ir-residenee
shall-be-eleeted-for-e-term for-terrfts-of
of-vates-shdil-be-eleeted-
eleeted-bY-a-lesser-ritmber- al election
two-yearsT--ThereafterT-there The_re shall be a gener
on the first Tuesday in May n even numbered ears for the elec-
tion of councilmen to replace those whose terms expire at the end
t year. The term of Office for each councilman
of June of tha on the first day of July next following tbe date
shall commence inue until his successor has been duly
of election and shall cont
-2-
elected and qualified. 'All councilmen and the mayc)r shall be
elected for terms of four years. Each candidate shall state, at
the time of filing, whether he is running at large er,- from the
borough of his residence or for mayor. en-and-after-JuIY-17
19397-eandidates Candidates for council under-the-provisions-ef
this-eharter shall be nominated only by petition in the manner
prescribed by general law. Prier-tO-JUIY-17-19797-CaMdidates
shall-be-nominated-under-general-lawT
Sec. 3.02:2. Election of mayor.
The mayor shall be elected at the general election on the
first Tuesday in May, 1988, and each fourth year thereafter, to
serve for a term of four years. candidates for mayor shall run
for one of the at large seats. A candidate running for mayor
shall not run for any other seat.
In the event any councilman, other than the mayor, shall de-
cide during his term of office to be a candidate for mayor, he
shall tender his resignation as a councilman not less than ten
days prior to the date for the filing of petitions as required by
general law. Such resignation shall be effective the thirtieth
day of June ar-such-earl:i@-da@-as--set-@r@-@-the--res-i@at-i-an,
shall constitute the councilman's intention to run for mayor,
shall require no formal acceptance by the remaining councilmen
and shall be final and irrevocable when tendered.
-3-
The unexpired portion of the term of any councilman who has
resigned to run for mayor shall be filled at the same general
election.
Sec. 3.03. Filling vacancies in office of councilmen.
Vacandies in the office of councilmen, from whatever cause
arising, shall be filled within sixty days for the unexpired
portion of the term by a majority vote of the remaining members
of the council; provided that, so long as any councilmen are
elected by and from wards or boroughs, the vacancy shall be
filled by a qualified voter residing in the same ward or borough.
If a vacancy shall occur in the office of mayor, the council
shall choose by majority vote of the remaining members thereof
one of its members to be mayor until his successor is elected and
qualified in accordance with general law.
Sec. 3.07. Selection vice-mayor and duties of mayor and vice-
mayor
At the first meetig of the term following a general elec-
tion of councilmen, the council shall choose by majority vote of
all the members thereof one of its members te-be-mayer-and-one to
be vice-mayor.
The mayor shall preside over the meetings of the council,
shall act as head of the city government for ceremonial purposes
and shall have such other rights and duties as the council may
prescribe, in addition to all the rights of privileges of
-4-
councilmen of the city. The vice-mayor shall perform the duties
of mayor in the absence or disability of the mayor.
2. The Circuit Court of the city is hereby requested to
order an election pursuant to Sections 15.1-834 and 24.1-165 of
the Code of Virginia of 1950, as amended, to determine if the
qualified voters of the city desire the council to request the
General Assembly to amend the charter as provided above.
3. If the qualified voters of the city vote in favor of
such request, the City Manager shall provide for the transmittal
of two certified copies of the results of such election together
with the publisher's affidavit and the amendments to the City's
charter to one or more members of the General Assembly repre-
senting the City with a request that the General Assembly amend
the charter in the manner provided in Section 15.3.-834.
J,PPiZOVED AS TO CONTENTS
SirNATUkE
DEPAP@MENT
AP!IROVED AS TO LEGAL
-5-
- 30 -
Item II-H.
CONSENT AGENDA ITEM # 25882
Upon motion by Councilwoman Henley, seconded by Councilman Heischober, Cty
Council APPROVED in ONE MOTION Items 1, 2, 3, 4, 5 and 6.
Voting: 9-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Harold Heischober,
Barbara M. Henley, Mayor Robert G. Jones, Reba S.
McClanan*, John D. Moss, Vice Mayor Meyera E.
Oberndorf* and John L. Perry
Council Members Voting Nay:
None
Council Members Abstaining:
Reba S. McClanan VERBALLY ABSTAINED on Item II-H-4.a
(Raffle Permit: Humana Hospital)
Vice Mayor Meyera E. Oberndorf VERBALLY ABSTAINED on
Item II-H-4.b (Raffle Permit: Princess Anne
Women's Club)
Council Members Absent:
Robert E. Fentress and Nancy K. Parker
- 31 -
Item II-H.1
CONSENT AGENDA ITEM # 25883
Upon motion by Councilwoman Henley, seconded by Councilman Heischober, City
Council ADOPTED:
Ordinance authorizing the City Manager to execute a
Deed of Release and Vacation of Easement dedicated
by Coastal Inn Associates.
Voting: 9-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Harold Heischober,
Barbara M. Henley, Mayor Robert G. Jones, Reba S.
McClanan, John D. Moss, Vice Mayor Meyera E.
Oberndorf and John L. Perry
Council Members Voting Nay;
None
Council Members Absent:
Robert E. Fentress and Nancy K. Parker
AN ORDINANCE AUTHORIZING THE CITY MANAGER
TO EXECUTE A DEED OF RELEASE AND VACATION
OF EASEMENT SHOWN ON PLAT ENTITLED "PLAT
SHOWING EASEMENTS DEDICATED TO THE CITY OF
VIRGINIA BEACH BY COASTAL INN ASSOCIATES
WHEREAS, by deed of easement dated December 9, 1961 and
duly recorded in the Clerk's Office of the Circuit Court of
the City of Virginia Beach, Virginia (the "Clerk's office) in
Deed Book 2184, at page 217 (the "Original DE@ed"), Coastal
Inn Associates, a Virginia limited partnershi-p ("Coastal")
granted and conveyed unto the City of Virgini.a Beach (the
"City"), on and subject to the terms and conditions set forth
therein, drainage easements over, across and through certain
strips of land as shown on, and described by reference to,
plat entitled "PLAT SHOWING EASEMENTS DEDICATED TO THE CITY
OF VIRGINIA BEACH BY COASTAL INN ASSOCIATES BAYSIDE BOROUGH
VIRGINIA BEACH, VIRGINIA", dated June 16, 1981 and recorded
in the Clerk's Office in map Book 153, at page 3; and
WHEREAS, a portion of the drainage easement granted to
the City by the Original Deed interferes with and materially
affects the orderly development of the property owned by
Coastal, which portion of such drainage easement is
designated as "10' DRAINAGE EASEMENT HEREBY VACATED" (the
"Vacated Easement Area") on that certain plat entitled
"PLAT SHOWING EASEMENTS TO BE DEDICATED TO THE CITY OF
VIRGINIA BEACH BY COASTAL INN ASSOCIATES AND EASEMENT TO BE
VACATED", dated June 18, 1986, and prepared by Bench Mark,
Inc., a copy of which plat (the "Relocation Plat") is attached
hereto as Exhibit A, and by this reference made a part
hereof; and
WHEREAS, in accordance with the terms of the original
Deed, by amendatory deed of easement dated June 20, 1986,
Coastal has conveyed unto the City, and the City has
accepted, in substitution of the drainage easement over,
across and through the Vacated Easement Area which was
granted to the City by the Original Deed, an easement to
1
construct, reconstruct, alter, operate and maintain drainage
facilities over, across and through the the following
described land (the "Substitute Easement Area"), including
the right of inqress and egress to the same, to-wit:
ALL THAT certain strip, piece or r,arcel of land,
lying, situate and being in the City of' Virginia Beach,
Virginia, and being shown and designated as "10'
DRAINAGE EASEMENT HEREBY DEDICATED", as shown on the
Relocation Plat, a copy of which is attached hereto as
Exhibit A.
WHEREAS, Coastal has requested that the City vacate its
interest in the Vacated Easement Area; and
WHEREAS, it has been determined by the Department of
Public Utilities and the Department of Public Works that the
drainage easement granted over, across and through the
Substitute Easement Area will sufficiently redirect the flow
of drainage and service facilities now being directed by the
easement granted over, across and through the Vacated
Easement Area;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
That the City Manager is hereby authorized and directed
to execute the Deed of Release and Vacation of Easement (a
copy of which is attached hereto as Exhibit B and made a part
hereof) between Coastal Inn Associates, a vi.rginia limited
partnership, and the City of Virginia Beach, wherein the City
vacates and releases its interest in the Vac-ated Easement
Area.
Adopted by the Council of the City of 1/2,irginia Beach,
virginia on this 18th day of Au(just 1986.
2
EXHIBIT B
THIS DEED OF RELEASE AND VACATION OF EASEMENT made this
day of 1 1986, by and between THE CITY OF
VIRGINIA BEACH, VIRGINIA (the "City"), and COASTAL INN
ASSOCIATES, a Virginia limited partnership ("Coastal");
W I T N E S S E T H :
WHEREAS, by deed of easement dated December 9, 1981 and
duly recorded in the Clerk's Office of the Circuit Court of
the City of Virginia Beach, Virginia (the "Clerk's Office) in
Deed Book 2184, at page 217 (the "Original Deed"), Coastal
granted and conveyed unto the City, on and subject to the
terms and conditions set forth therein, drainage easements
over, across and through certain strips of land as shown on,
and described by reference to, plat entitled "PLAT SHOWING
EASEMENTS DEDICATED TO THE CITY OF VIRGINIA BEACH BY COASTAL
INN ASSOCIATES BAYSIDE BOROUGH VIRGINIA BEACH, VIRGINIA",
dated June 16, 1981 and recorded in the Clerk's Office in Map
Book 153, at page 3; and
WHEREAS, a portion of the drainage easement granted to
the City by the Original Deed interferes with and materially
affects the orderly development of the property owned by
Coastal, which portion of such drainage easement is
designated as "10' DRAINAGE EASEMENT HEREBY VACATED" (the
"Vacated Easement Area") on that certain plat entitled
"PLAT SHOWING EASEMENTS TO BE DEDICATED TO THE CITY OF
VIRGINIA BEACH BY COASTAL INN ASSOCIATES AND EASEMENT TO BE
VACATED", dated June 18, 1986, and prepared by Bench Mark, Inc., a
copy of which plat (the "Relocation Plat") is attached hereto
as Exhibit A, and by this reference made a part hereof; and
WHEREAS, by amendatory deed of easement dated June 20,
1986, Coastal has granted and conveyed unto the City and/or
1
its successors and assigns, in substitution of the drainage
easement over, across and throuqh the Vacated Easement Area
which was granted to the City by the Original Deed, an
easement to construct, reconstruct, alter, operate and
maintain drainage facilities over, across and through the the
following described Substitute Easement Area, including the
right of ingress and egress to the same, to-wit:
ALL THAT certain strip, piece or parcel of land,
lying, situate and being in the City of Virginia Beach,
Virginia, and being shown and designated as "101
DRAINAGE EASEMENT HEREBY DEDICATED", as shown on the
Relocation Plat, a copy of which is attached hereto as
Exhibit A.
WHEREAS, the City has aqreed to vacate and release the
easements granted by the Original Deed over, across and
through the Vacated Easement Area;
NOW, THEREFORE, in consideration of the premises and the
dedications herein, the City does hereby release, vacate and
forever quitclaim unto Coastal and its successors and
assigns, all of the City's right, title and interest in the
easements and other rights heretofore granted to the City
over, across and through the Vacated Easement Area.
IN WITNESS WHEREOF, the City of Virginia Beach has
caused these presents to be executed in its name and on its
behalf by the City Manager, and its corporate seal to be
hereto affixed and duly attested by the City Clerk, pursuant
to Ordinance adopted July -1 1986.
APPROVED AS TO CONTENTS
Signature
Department
2
APPROVED AS TO FORM
Signature
City Attorney
CITY OF VIRGINIA BEACH
By
,ty m .. 9.r
Attest:
,ty Clrk
COMMONWEALTH OF VIRGINIA
AT LARGE, to-wit.
The foregoing instrument was acknowledged before me in
the City of virginia, this
day of 1986, by
and city
M.nag.r nd City Clerk, respec ively, c irginia
Beach, in its behalf.
c
My Commission Expires:
3
EXHIBIT A
A
1390)
ASE ZU-i
OD
10 1)"4,Yll
oc@EB
EA@MEN q
5,08A(INAGF P@) 5SOcIATF-!> C)
153 iNN A cr
COAS-TAL(M a 145, p @66)
(0,13. 2085,p
1ASeM"'T
Fo
Z@T
EAS
,),IAINAGE ic
RF B'f 0
G
PLAT SHOWING
EASEMENT5 TO BE DEDICATED
To THE CITY OF VIRGINIA BE4CH, VIRGINIA
BY
COASTAL INN ASSOCIATES
AND
EASEMENT TO BE VACATED
0 ioo 200 300
H MARK
IN(@
INI- OF DEVR.LOPNIENI SCALF 1"@
- 32 -
Item II-H.2.
CONSENT AGENDA ITEM # 25884
Upon motion by Councilwoman Henley, seconded by Councilman Heischober, Ctiy
Council ADOPTED:
Ordinance to apply for Rental Rehabilitation Funds
from the U.S. Department of Housing and Urban
Development ($59,000).
Voting: 9-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Harold Heischober,
Barbara M. Henley, Mayor Robert G. Jones, Reba S.
McClanan, John D. Moss, Vice Mayor Meyera E.
Oberndorf and John L. Perry
Council Members Voting Nay:
None
Council Members Absent:
Robert E. Fentress and Nancy K. Parker
Requested by: Department of Housing and Community Development
ORDINANCE TO APPLY FOR RENTAL REHABILITATION FUNDS FROM
THE U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
WliEREAS, Section 17 of the United States Housing Act of 1937
established the Rental Rehabilitation Program providing for rental
rehabilitation assistance; and
WHEREAS, this program provides grants to States and units of general
local government to help support the rehabilitation of privately owned real
property to be used for residential rental purposes; and
WHERF.AS, this program is designed to increase the supply of standard
housing units affordable to lower income families; and
WHEREAS, the City of Virginia Beach has developed a Rental
Rehabilitation Program and has structured the necessary mechanisms for
implementation in compliance with federal and local directives; and
WHEREAS, the City of Virginia Beach has received a total Rental
Rehabilitation Grant of $250,100 for fiscal year 1984-85 and 1985-86 and is
in the process of implementing this program; and
WHEREAS, the City of Virgiuia Beach desires to initiate an application
for Rental Housing Rehabilitation Program funds in the amount of $59,000,
which have been allocated to the City to continue Rental Rehabilitation
Program activities.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
VIRGINIA BEACH, VIRGINIA:
That the City Manager is hereby authorized and directed to cause such
information or materials, as may be necessary, to be provided to the U. S.
Department of Housing and Urban Development to permit the review, approval
and funding of the City's Rental Rehabilitation Grant Application.
AND BE IT FURTHER ORDAINED, that the Council of the City of Virginia
Beach gives its assurance that the intent of the Act will be complied with
in full.
AND BE IT FURTHER ORDAINED, that the Department of Housing and Urban
Development is respectfully requested to assist in the prompt approval and
funding of the subject program in order that the public interest of this
City may be best protected.
Adopted by the Council of the City of Virginia Beach, Virginia on this
lFtth day of Atjaiiqt 1986.
APPROVED AS TO CONTENT: APPROVI:D AS TO FORM:
Ma Ustick, or City At@torne-y
Depaitment of Housing and
Community Development
- 33 -
Item II-H.3.
CONSENT AGENDA ITEM # 25885
Upon motion by Councilwoman Henley, seconded by Councilwoman Heischober, City
Council ADOPTED an Ordinance appointing viewers in the petition of DR. & MRS.
V. J. BRUCKNER for the closure of a portion of Holly Avenue (Lynnhaven
Borough)
Ordinance closing, vacating and discontinuing that
certain portion of Holly Avenue (unimproved),
beginning at a point on the Northeastern corner of
the intersection of Ebb Tide Road and Holly Avenue
(unimproved) as established, thence, from said
point of beginning, N 80 degrees 05' 0011 east, a
distance of 150.47 feet to a point, thence S 05
degrees 211 0011 East, a distance of 25-08 feet to a
point, thence South 80 degrees 05' 0011 West, a
distance of 150-47 feet to a point on the eastern
right-of-way line of Ebb Tide Road then North 05
Degrees 211 0011 West a distance of 25-08 feet to
the Point of Beginning as shown on that certain
plat entitled, "PHYSICAL SURVEY, 25 1 strip of
Holly Avenue (unimproved) TO BE CLOSED, As shown on
the Amended Map of Property of Lynnhaven Beach &
Park Co. (M.B- 5, page 71), Lynnhaven Borough,
Virginia Beach, Virginia," dated June 6, 1986, and
prepared by Gallup Surveyors & Engineers, Ltd.
The Viewers are:
Robert J. Scott Director of Planning
David Grochmal Director of General Services
C. Oral Lambert, Jr. Director of Public Works
Councilman Moss advised the names of said VIEWERS had not been noted on the
Ordinance.
Voting: 9-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Harold Heischober,
Barbara M. Henley, Mayor Robert G. Jones, Reba S.
McClanan, John D. Moss, Vice Mayor Meyera E.
Oberndorf and John L. Perry
Council Members Voting Nay:
None
Council Members Absent:
Robert E. Fentress and Nancy K. Parker
ORDINANCE APPOINTING VIEWERS
WHEREAS, Dr. and Mrs. V. J. Bruckner have given due and
proper notice, in accordance with the sta@tutes for such cases
made and provided that they will on the 18 th- day of t
1986, apply to the City Council of the Ci-ty of virginia Beach,
Virginia, for the appointment of Viewer,-; to view the below-
described property and report in writing tc) the Council whether,
in the opinion of said Viewers, any, and if any, what inconvenience
would result from the discontinuance of the hereinafter described
portions of those certain streets 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 Scott, C. Oral Lambert, David Grochmal
and
are hereby
appointed to view the below described property and report in
writing to the Council on or before 1 1986,
whether in their opinion, any, and if any, what inconvenience
would result in the discontinuing and vacating of portions of
those certain streets of variable width located in the City of
Virginia Beach, Virginia, and more particularly described as
follows:
THAT CERTAIN portion of Holly Avenue
(unimproved) , beginning at a point on the
Northeastern corner of the intersection of
Ebb Tide Road and Holly Avenue (unimproved)
as established, thence, from said point of
beginning, N 80* 051 00" E, a distance of
150.47 feet to a point, thence S 05* 211 0011
E, a distance of 25.08 feet to a point, thence
S 80' 051 00" W, a distance of 150.47 feet to
a point on the Eastern right-of-.way line of
Ebb Tide Road, thence N 05' 2.Ll 00" W a
distance of 25.08 feet to the Point of
Beginning as shown on tbat c(@rtain plat
entitled, "PHYSICALSURVEY, 251 SIIIRIPOFHOLLY
AVE. (UNIMPROVED) TO BE CLOSED, As shown on
CROMWELL, BETZ the Amended Map of Property of Lynnhaven Beach
& LUSTIG, P.C.
ITTO@.@l@ TI.. & Park Co. (M. B. 5, pg. 71) Lynnhaven Borough,
Virginia Beach, Virginia, dated June 6, 1986
and prepared by Gallup Surveyors & Engineers,
Ltd.
All of the above as shown upon that certain plat entitled,
"PHYSICAL SURVEY, 25' STRIP OF HOLLY AVE. (UNIMPROVED) TO BE
CLOSED", which plat is attached hereto and inade a part hereof and
intended to be recorded with the Or-linance closing the
aforedescribed street.
CROMWELL, BETZ
& LUSTIG, P.C.
reb
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P E T I T I 0 N
TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA
Your Petitioners, DR. and MRS. V. J. BRUCKNER
respectfully represent as follows:
1. That pursuant to the provisions of Section 15. 1-364
of the 1950 Code of Virginia, as amended, the petitioners apply
for the vacating, closing, and discontinuance of a portion of
that certain platted street, which is more specifically described
as follows:
THAT CERTAIN portion of Holly Avenue
(unimproved), beginning at a point on the
Northeastern corner of the intersection of
Ebb Tide Road and Holly Avenue (unimproved)
as established, thence, from said point of
beginning, N 80' 051 0011 E, a distance of
150.47 feet to a point, thence S 05* 211 0011
E, a distance of 25. 08 feet to a point, thence
S 80' 05' 00" W, a distance of 150.47 feet to
a point on the Eastern right-of--way line of
Ebb Tide Road, thence N 05' 211 00" W a
distance of 25.08 feet to the Point of
Beginning as shown on that certain plat
entitled, "PHYSICALSURVEY, 251 STRIPOFHOLLY
AVE. (UNIMPROVED) TO BE CLOSED, As shown on
the Amended Map of Property of Lynnhaven Beach
& Park Co. (M. B. 5, pg. 71) , Lynnhaven Borough,
Virginia Beach, virginia, " dated June 6, 1986
and prepared by Gallup Surveyors & Engineers,
Ltd.
Said parcel of land being a portion of Holly Avenue (unimproved) ,
as indicated on that certain plat entitled, "PHYSICAL SURVEY, 25'
STRIP OF HOLLY AVE. (UNIMPROVED) TO BE CLOSED" 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 1986, as to whether in
CROMWELL, BETZ
& LUSTIG, P.C.
the opinion of said Viewers, what inconvenience, if any, would
- 1 -
result from the discontinuance and closing of this portion of
said street, as herein reported and described.
3. That on the 15th day of July 1986,
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 Petitioners are the owners in fee simple
of all land along and adjacent to the northern line of said portion
of the platted street to be closed.
Respectfully submitted,
DR. and MRS. V. J. BRUCKNER
By.2a,"@,-
Of Counsel
R. Edward Bourdon, Jr. Esquire
GUY, CROMWELL, BETZ & LUSTIG, P.C.
Pembroke Office Park
Pembroke One, Suite 525
Virginia Beach, Virginia 23462-2989
(804) 499-8971
3OMWELL, BETZ
.USTIG, P.C.
.1 L.W
reb
2
Guy, CROMWELL, BETZ & LUSTIO, P. C-
AT@.x". "D C.uN.zwu.
vm.- B.@@., V..- F. ........
M. D.. D.-, J..-
PA. 0- July (Y , 1986
I, R. Edward Bourdon, Jr., attorney for Dr. and Mrs. V. J.
Bruckner do hereby certify that:
1. I am an attorney at law and represent Dr. and Mrs.
V. J. Bruckner.
2. That based upon my examinatic)n of title, it is my
opinion that if the portion of the street s,C)ught 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
owner of the fee in the streets which were reserved at the time said
streets were dedicated and plats put to record. The record owner of
the reserved fee interest is Edwin B. Lindsay, Jr.
3. The portion of street to be closed, referred to herein,
is described as follows:
THAT CERTAIN portion of Holly Avenue
(unimproved) , beginning at a point on the
Northeastern corner of the intersection of Ebb
Tide Road and Holly Avenue (unimproved) as
established, thence, from said point of
beginning, N 80* 051 00 " E, a distance of 150. 47
feet to a point, thence S 05' 211 00' E, a
distance of 25.08 feet to a point, thence S 80@
051 0011 W, a distance of 150.47 feet to a point
on the Eastern right-of-way line of Ebb Tide
Road, thence N 05' 211 0011 W a distance of 25.08
feet to the Point of Beginning as shown on that
certain plat entitled, "PHYSICAL SURVEY, 251
STRIP OF HOLLY AVE. (UNIMPROVED) TO BE CLOSED,
As shown on the Arnended Map of Property of
Lynnhaven Beach & Park Co. (M.B. 5, pg. 71),
Lynnhaven Borough, virginia Beach, Virginia,"
Guy, CITO@LL, BPTZ & LUSTIG, P. C.
Page 2
July , 1986
dated June 6, 1986 and prepared by Gallup
Surveyors & Engineers, Ltd.
GUY, CROMWELL, BETZ & LUSTIG, P.C.
By: _
ourdon, Jr. t
reb
- 34 -
Item I@. -a.
CONSENT AGENDA ITEM # 25886
Upon motion by Councilwoman Henley, seconded by Councilman Heischober, City
Council APPROVED:
Raffle Permit:
Humana Hospital, Bayside Auxiliary
Voting: 8-0
Council Members Voting kye:
Albert W. Balko, John A. Baum, Harold Heischober,
Barbara M. Henley, Mayor Robert G. Jones, John D.
Moss, Vice Mayor Meyera E. Oberndorf and John L.
Perry
Council Members Voting Nay:
None
Council Members Abstaining:
Reba S. McClanan
Council Members Absent:
Robert E. Fentress and Nancy K. Parker
- 35 -
Item II-I-4.b.
CONSENT AGENDA ITEM # 25887
Upon motion by Councilwoman Henley, seconded by Councilman Heischober, City
Council APPROVED:
Raffle Permit:
Princess Anne Women's Club
Voting: 8-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Harold Heischober,
Barbara M. Henley, Mayor Robert G. Jones, Reba S.
McClanan, John D. Moss and John L. Perry
Council Members Voting Nay:
None
Council Members Abstaining:
Vice Mayor Meyera E. Oberndorf
Council Members Absent:
Robert E. Fentress and Nancy K. Parker
- 36 -
Item II-H-5
CONSENT AGENDA ITEM # 25888
Upon motion by Councilwoman Henley, seconded by Councilman Heischober, City
Council APPROVED;
*Permit to operate an EMS Vehicle pursuant to
Section 10.5-2 of the Code of the City of Virginia
Beach to Coastal Ambulance Service, Inc.
i@Director of Emergency Medical Services, Bruce
Edwards advised aforementioned Permit was listed
incorrectly on the AGENDA as a Certificate of
Public Convenience and Necessity.
Voting: 9-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Harold Heischober,
Barbara M. Henley, Mayor Robert G. Jones, Reba S.
McClanan, John D. Moss, Vice Mayor Meyera E.
Oberndorf and John L. Perry
Council Members Voting Nay:
None
Council Members Absent:
Robert E. Fentress and Nancy K. Parker
- 37 -
Item II-H.6
CONSENT AGENDA ITEM # 25889
Upon motion by Councilwoman Henley, seconded by Councilman Heischober, City
Council ADOPTED:
Ordinance authorizing license refunds in the amount
of $1,653-56 and upon application of certain
persons and upon certification of the Commissioner
of the Revenue.
Voting: 9-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Harold Heischober,
Barbara M. Henley, Mayor Robert G. Jones, Reba S.
McClanan, John D. Moss, Vice Mayor Meyera E.
Oberndorf and John L. Perry
Council Members Voting Nay:
None
Council Members Absent:
Robert E. Fentress and Nancy K. Parker
MRM NO. CA. 0 FWV. &U
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
Ucense Date Base Penalty lnt. Total
NAME Year Paid
Rerco Business Syster.,-s, Inc.
8000 Parson Drive
Forestville, k'D 207 4 7 1985 Audit 39 4 . 7 3 30A.73
I
Taylor, Geo. O., Georgia M. &
Bradley David
r/A Georgia Hairstyles
855 S. Lynnhaven Road
Va. Beach, VA 23452 1985 Audit 44.86 Ai.86
Va. Beach Fishing Center, Ltd.
200 @!inston Salem Avenue
Va. Beach, VA 23451 1984/85 A-udit 215.P4 215.Pl
Certified as to Payment:
Robert P. Vaughan
Commissioner of the Revenue
This ordinance shall be effective from date of
adoption.
Theaboveabatement(s)totaling S655.43 were approved by the Council
of the City of Virgiriia Beach on the@8 th day of August '19 86
Ruth Hodges Smith
City Clerk
FOFtM NO. Ck 8 P.EV. 3M
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSC)NS AND
UPON CERTIFICATION OF THE COMMISC;[ONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the COmmissioner of the
Revenue are hereby approved:
NAME Ucense Date Base Penalty Int. Total
Year Paid
Bullock, Williarl. R. & Cynthia
800 Quail Point Cove
Va. Beach, VA 23454 1985 Pudit 29.03
Century -@heatre of Perbroke
T/A The Movies 1 & II
P. 0. Box 6526
Portsmouth, VP., 23703 1985 Audit 268.51 26ct.E.1
Chickentir.,.e Anytirte, Inc.
P. 0. Box 3
Va. Beach, Vz.. 234@-8 1985 P.Udit 12.02 42.02
Certified as to Payment:
Fio-bert P. Vaughan
Comrnissioner ot the Rev
Approved as to form:
J. Dale Bimson
City Attorney
This ordinance shall be effective from date of
adoption.
Theaboveabatement(s)totaling $339-56 were approved by the Council
of the City of Virginia Beach on the 1st[ day of Aijgwst 19 RF,
Ruth Hodges Smith
City Clerk
FORM NO. C@k $ AUTHORIZING LICENSE FTEFUNDS
AN ORDINANCE
UPON APPLIC ION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE Crry OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon cerlitication of the commissioner of the
Revenue are hereby approved:
Ucense Date Base Penalty Int. Total
NAME Year P@id
Johnson, Leah Jovce
?/A Resource & EcluitY f@9r,,.t-
L024 BluesPrings Court 40.92
7a. Beach, vz. 23452 1985 @udit 40.92
@irkland Construction Corp.
0. Box 1311 52-4.79
.@nglevood, FL 33533 1984/P5 Audit 524.79
lacDonald, !Iichael J.
r/A Finish Line oports
2312 Page Cove 1984/85 Audit 92.86 92.96
ia. Beach, vi. 23451
Certified as to Payment:
Robert P. Vaughan
Commissioner of the Revenue
Approved as to form:
J. Dale Bimson
City Attorney
This ordinance shall be effective from date of
adoption. were approved by the Council
The above abatement(s) totaling 7
of the City of Virginia Beach on the 18th day of S 19
City Clerk
- 38 -
Item II-I.1/2/3
APPOINTMENTS ITEM # 25890
BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS:
CITIZEN'S ADVISORY COMMITTEE
VIRGINIA BFACH DEVELOPMENT AUTHORITY
WETLANDS BOARD
- 39 -
Item II-J.1
UNFINISHED BUSINESS ITEM # 25891
Dr. E. T. Buchanan, Chairman, Steering Committee, presented the 1986 REPORT
of the VIRGINIA BFACH TOMORROW. This report is not intended to be adopted
but processed into the City's policy as deemed appropriate.
Through the strategic planning process, six major areas of study have been
identified: economic development, physical infrastructure, transportation,
land/use environment, social/organizational maturation, and housing. VIRGINIA
BF,ACH TOMORROW involves a long-term commitmetit on the part of many of the
City's citizens.
The overall themes of said report reflected the following concerns:
1. Neighborhood stability and cohesiveness.
2. An informed public
3. A leadershp cadre
4. The tools that will enable the City of Virginia
Beach to control its own destiny
STEERING COMMITTEE MEMBERS
E. T. "Joell Buchanan, Chair James M. Fletcher
Timothy Barrow Dennis Hartig
Robert W. Berry, Jr. R. Dean Lee
B. H. "Pat" Bridges Danny Michaels
E. R. "Dick" Cockrell Michael C. Savvides
Mary Ellen Cox Clenton W. Shanks
Walter Vargo
Before the FINAL PRINTING of the VIRGINIA BEACH TOMORROW Report, the various
goals will be placed in more realistic time frames with the assistance of City
Staff upon authorization by City Council.
The VIRGINIA BFACH TOMORROW REPORT is hereby made a part of the record.
- 40 -
Item II-J.2.
UNFINISHED BUSINESS ITEM # 25892
ADD-ON
Councilman Baum referenced the REFERENDA and RECLASSIFICATION of the GREEN LINE
PARCELS.
Councilman Baum inquired as to whether there was a CONSENSUS to support the
REFERENDA.
Councilman Baum further referenced the legality of DOWNZONING prior to AMENDING
the Comprehensive Plan.
- 41 -
Item II-J.3
UNFINISHFD BUSINESS ITEM # 25893
ADD-ON
Vice Mayor Oberndorf referenced City Council received only a copy of the
Virginia Municipal League Legislative Committees' position on the Governor's
Task Force for Funding the Roads.
Vice Mayor Oberndorf advised the VIRGINIA MUNICIPAL LEAGUE concurs with the
recommendations of the GOVERNOR'S COMMISSION ON TRANSPORTATION IN THE
TWENTY-FIRST CENTURY with the provision that 25% of the proposed one cent
sales tax increase be returned to Virginia's cities, counties and towns for
general use.
A severe split in the vote to endorse the Governor's Package resulted from
one of the Mayors who was adamant about having the towns receive their
proportionate share of the monies, as opposed to giving it to the County and
the County distributing same.
After a presentation, Secretary Watts responded to the group's inquiries.
Secretary Watts did acknowledge localities should decide their priorities
concerning the returned sales tax, if any. It might be safe for the
localities to request the return of these monies as opposed to returning it
to the General Fund which is presently proposed. Some members of the
Legislature before they would be willing to increase the sales tax would want
to reduce the sales tax on food and drugs.
A proposed Resolution will be presented to City Council prior to the SPECIAL
SESSION on September 15, 1986.
- 42 -
Item II-L.1
ADJOURNMENT ITEM # 25894
Upon motion by Vice Mayor Oberndorf and BY ACCLAMATION City Council ADJOURNED
the Meeting at 6:58 P.M.
Beveri@o. ooks
Chief Deputy City Clerk
,th Hdge Sith, CMC
City Clerk
City of Virginia Beach
Virginia -