AUGUST 4, 1986 MINUTES
(2it-@"f N7ii-g;ii-ii--A 13@C--tc2li
"WORLD'S LARGEST RESORT CITY"
CITY COUN('IL
MAYOR ROBERT G JONES, A@ L,,,
VICE MAYOR kfEYEPA E OBEPNI)ORF, A, L,,g,
@@l-Bl--RT W BALKO,
]OHN A. BAUM, BI.,k.@,, @@.,h
ROBER7 E fEN7'RESS, Vi,,i@i. B .. h &@-gh
flARoi,D HEISCIFOBER, A@ L.,,
13ARBARA M HENLLY, P.@g@ B,.,h
I W, (I,INAN, A@@, @..,h
](ItiN 1) MO,@S B-..,h
N@N(:Y K PARKER, A, L.,,
]o/ IN 1- PERR @', B,,,.d, @@@gh 281 C@ HALL BUILDING
MUNICIPAL CENTER
R0711 Ifo@ES SMII'tt, CMC, Cil, Clk CITY COUNCIL AGENDA VIRGINIA BEACH, VIRGINIA 2311@ @2
(80@, @21-@303
August 4, 1986
VIRGINIA BEACH CITY COUNCIL
ITEM I. INFORMAL SESSION: VIRGINIA BEACH CITY COUNCIL Conference Room 12:00 PM
A. CALL TO ORDER - Mayor Robert G. Jones
B. ROLL CALL OF CITY COUNCIL
C. CONCERNS OF CITY COUNCIL
D. CITY MANAGER'S INFORMAL BRIEFINGS
1. AICUZ
2. Proposed CIP and REFERENDA Projects
E. MOTION TO RECESS INTO EXECUTIVE SESSIOU
ITEM II. FORMAL SESSION: VIRGINIA BEACH CITY COUNCIL - Council Chambers 2:00 Pm
A. INVOCATION: Reverend J. S. Hangen
Messiah Lutheran church
B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF
AMERICA
C. ELECTRONIC ROLL CALL OF CITY COUNCIL
D. APPROVAL OF ITEMS FOR THE FORMAL AGENDA
E. MINUTES
1. Approval of City Council 14inutes of July 14, 1986.
F. PRESENTATIONS
G. PUBLIC HEARING
1. PLANNING ITEMS
a. Ordinance for the discontinuance, closure, and
abandonment of portion of Baltic Avenue in the petition
of William L. Freed (Virginia Beach Borough).
Recommendation: APPROVAL OF 60-DAY EXTENSION
b. Ordinance for the discontinuance, closure, and
abandonment of portion of Avenue in the petition
of South Bay (Lynnhaven Borough).
Approved by City Council on January 13, 1986
Recommendation: APPROVE EXTENSION FOR 90-DAYS OR
DM APPLICATION
c. Application of PDJ Enterprises, a Virginia General
Partnership, for a Changes of Zon@ on property east
of Holland Road and south of Monet Drive (Princess Anne
Borough):
From AG-1 Agricultural District to I-I Light Industrial
District containing 35.64 acres;
AND,
From AG-2 Agricultural District to B-2 Community-
Business District containing 13.44 acres.
Recommendation: WITHDRAWAL
d. Application of Virginia Natural Gas for a Conditional
Use Permit for storage, office and maintenance
installation for a public utility on the east side of
North Landstown Road, 2,256 feet south of Princess Anne
Road, containing 1.7 acres (Princess Anne Borough).
Recommendation: APPROVAL
e. Application of Lee A. Gifford for a Conditional Use
Permit for an 8' by 8' signboard at 845 S. Military
Highway, containing 3.5 acres (Kempsville Borough).
Recommendation: APPROVAL
f . Application of Mildred Lucille Reid for Changes of
Zoning at 1417 London Bridge Road (Princess Anne
Borough):
From AG-1 Agricultural District to I-]. Light Industrial
District, containing 1.214 acres;
AND,
From AG-2 Agricultural District to I-]. Light Industrial
District, containing 2.524 acres.
Recommendation: DENIAL
g. Applications of Interstate Tire Company, Incorporated,
at the northwest corner of Holland Road and Hayes
Avenue on Lots 5-10 and Lots 16-20, Block 2, Pecan
Gardens, containing 35,284 square feet (Princess Anne
Borough):
For a Change of Zoning from 0-1 Office District to B-2
Community-Business District;
AND,
For a Conditional Use Permit for an auto repair
establishment and sale and installation of tires.
Recommendation: APPROVAL
h. Application of Interstate Tire Company, Incorporated,
for a Conditional Use Permit for an automobile repair
establishment and sale and installation of tires on the
north side of Indian River Road, 650 feet more or less
east of Kempsville Road, containing 34,268 square feet
(Kempsville Borough).
Recommendation: DENIAL
H. RESOLUTIONS
1. INDUSTRIAL DEVELOPMENT REVENUE BONDS
Resolution approving the issuance of Industrial Development
Revenue Bond:
a. CBN University $5,000,000
Deferred by City Council July 14, 1986
2. Resolution that, prior to August 26, 1986, the Planning
Commission shall review the Comprehensi,,,e Land Use Plan,
conduct Public Hearings and make their recommendation for
an amendment relating to the status of the GREEN LINE and
proposed use of those properties south of the Green Line.
3. Resolution designating August 26, 1986, the date for a
SPECIAL EXECUTIVE SESSION at 5:30 p.m. and FORMAL SESSION
at 7:00 p.m. for the Virginia Beach City Council to
consider the recommendation of the Planning Commission,
their proposed amendment to the Comprehensive Land Use Plan
and the status of the GREEN LINE with reclassification of
properties south of the GREEN LINE
4. Resolution regarding Carolanne Farm lake and park and
intent of City Council to declare certain property adjacent
thereto EXCESS upon proper application.
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 vot,d
upon separately.
1. Ordinance to AMEND and REORDAIN Section 37-19.1 of the Code
of the City of Virginia Beach, Virginia, pertaining to
Water-To-Air Heat Pumps.
2. Ordinance authorizing the City @lanager to execute a deed of
easement, release, and vacation of easement and plat
showing drainage easement and temporary construction
easement conveyed to the City of Virginia Beacli from
Aragona Moose Lodge.
3. Ordinances upon FIRST READING to accept and appropriate
from the Virginia Department of Mental Health and Mental
Retardation to the Virginia Beach Department of Mental
Health, Mental Retardation and Substanc, Ab,,,:
a. $69,947 for a Day Treatment for Older Adults;
b. $79,211 for continuation of Day Treatment Program for
Emotionally Disturbed Children;
C. $33,333 for enhanced Mental Health Case Management;
d. $228,057 for enhanced Mental Retardation Program.
4. Ordinance upon FIRST RFADING to accei)t and appropriate
$10,122 from tlie Virginia Department of Social Services t,
the Virginia Beach Department of Social Services;
AND,
To transfer $2,530 from the Genc!ral Reserve for
Contingencies to the Social Services Budget Unit:
For the pre-grant phase of the Aid to F,milies with
Dependent Children (AFDC) Program.
5. Ordinance upon FIRST RFADING to accept and appropriate an
entitlement grant of $1,785,000 plus program income f
$50,000 from the Department of Housing and Urban
Development to the Community Development Twelfth Program
Year, ($1,835,000).
6. Ordinance to authorize temporary encroachments into
portions of the rights-of-way of Baxter Road and Greenview
Drive to Welch Industries, Inc., its assigns and successors
in title.
7. Ordinance appointing Viewers in the petition of S.A.S.
Associates for a portion of Shell Road, (Bayside Borough).
8. Low Bid to Colonial Mechanical Corporation in the amount of
$238,180 for Energy Conservation Project Phase II - CIP
#3-826.
9. Low Bid to East Coast Corporation in the amount of $183,352
for Sandbridge Bikeway - CIP #2-047.
10. Raffle Permit:
Virginia Beach Democratic Women's Club
Knights of Columbus
Mother Seton House, Inc.
J. APPOINTMENTS
1. Southeastern Public Service Authority
2. Southeastern Virginia Planning District Commission
K. UNFINISHED BUSINESS
L. NEW BUSINESS
1. REQUEST FOR RECONSIDERATION No. CC 009'. Request of Tom
Adams Building Co., Inc. for WAIVER of si(lewalk requirement
in approval of John C. and Betty H. Porter for Change of
Zoning on January 22, 1979.
M. ADJOURNMENT
9
Item II-E.1
MINUTES ITEM 25811
Upon motion by Councilman Baum, seconded by Councilman Fentress, City Council
APPROVED the Minutes of August 4, 1986, as AMENDED:
ITF14 # 25771, PLANNING, Page 21
ORDINANCE UPON APPLICATION OF INTERSTATE TIRE
COMPANY, INC. FOR A CONDITIONAL USE PERMIT FOR AN
AUTO REPAIR ESTABLISHMENT, SALE AND INSTALLATION
OF TIRES R0886857
The Condtion shall correctly read as follows:
5. The impact wrench shall be URYU Model NO. UW
120E-2 with a silencer or a wrench of
equivalent impact and equal or less noise level
than 2 feet-BV DB level of 78.
ITEM # 25772, PLANNING, Page 23
ORDINANCE UPON APPLICATION OF INTERSTATE TIRE
COMPANY, INCORPORATED FOR A CONDITIONAL USE PERMIT
FOR AN AUTOMOBILE REPAIR ESTABLISHMENT, SALE AND
INSTALLATION FOR TIRES R0886857a
The Condition shall correctly read as follows:
4. The only impact wrench which shall be operated
upon the property shall be the URYU Model NO
UW-120E-2 with silencer or an equivalent
impact wrench of equal or less noise level
rating than 2 feet DB level of 78.
See Item 25843 under UNFINISHED BUSINESS delineating an Amendment to the
MINUTES of August 4, 1986, confirming the correction of Councilman Moss's Vote
to reflect his NAY vote an Item # 25773. (Issuance of an Industrial Development
Revenue Bond to CBN UNIVERSITY in the amount of $5,000,000). An electronic
malfunction in the Voting Computer incorrectly reflected Councilman Moss's vote
as "AYE" rather than "NAY".
Voting: 10-0
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, Nancy K. Parker and John L. Perry
Council Members Voting Nay:
None
Council Members Abstaining:
Harold Heischober
Council Members Absent:
None
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
August 4, 1986
The INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order
by Mayor Robert Jones in the Conference Room, City Hall Building, on Monday,
August 4, 1986, at 11:00 A.M.
Council Members Present:
John A. Baum, Albert W. Balko, Robert E. Fentress,
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:
Harold Heischober was out of the City on Business
- 2 -
C 0 N C E R N S 0 F C I T Y C 0 U N C I L
SIGN ORDINANCE ITEM # 25745
Councilwoman McClanan referenced meetings with the citizens of the General
Booth Corridor Area, as well as developers concerning signs in the area.
Robert Loher, Director of Permits and Inspections, and Patrick Janezeck,
Director of Zoning, have devised four (4) recommendations which have been
agreed to by both the developers and Civic Leagues. Councilwoman McClanan
reiterated these four proposals:
1. Reduce the height of the free-standing signs
from the present 24 feet to 12 feet above
grade.
2. A minimum of 75 square feet of landscaping
around any free-standing sign shall be
required. This could include required
landscaping as per the Landscape Ordinance and
shall not minimize the effects of the
Landscape Ordinance in any way.
3. In the B-2 Zoning District, the size of the
free-standing sign from the present 125 square
feet per face shall be reduced to the 75
square feet per face.
4. Roof-mounted signs in the City shall be
PROHIBITED. The signs shall be placed on the
face of the building and not above the roof
line.
Councilwoman McClanan requested these suggestions be placed under NEW BUSINESS
in City Council's Agenda to be forwarded to the PLANNING COMMISSION for their
recommendations and then EXPEDITED to City Council.
Councilman Perry suggested an additional revision:
Signs shall not protrude or hang out into the
street.
Councilwoman McClanan advised the developers and Members of the Civic League
along the General Booth Corridor had agreed to these recommendation
Councilwoman McClanan suggested these recommendations be incorporated within
the City's Sign Ordinance
CBN INDUSTRIAL DEVELOPMENT ITEM # 25746
REVENUE BONDS
The City Manager referenced a Resolution approving the issuance of Industrial
Development Revenue Bonds to CBN UNIVERSITY in the amount of $5,000,000. (See
Item II-H.1 of RESOLUTIONS).
The City Manager referenced additional information to City Council. A copy of
correspondence from James T. Davis, Industrial Division, Economic Development,
as well as page two of a letter from Roy Mendelsohn of CBN to Councilwoman
Nancy Parker was distributed.
- 3 -
C 0 N C E R N S 0 F C I T Y C 0 U N C I L
(Continued)
COMMUNITY DEVELOPMENT TWELFTH
PROGRAM YEAR ITEM # 25747
The City Manager referenced an Ordinance upon FIRST READING to accept and
appropriate an entitlement grant of $1,785,000 plus program income of $50,000
from the Department of Housing and Urban Development to the Community
Development Twelfth Program Year ($1,835,000). (See Item II-I.5 of the Consent
Agenda).
The City Manager distributed a revised Ordinance concerning same.
HILLTOP LOOP (Southwest)
(CIP Project 2-937) ITEM # 25748
The City Manager referenced an ADD-ON item under NEW BUSINESS, a Participation
Agreement between OFF-PRICE MALL ASSOCIATES, II, a Virginia General Partnership
and the City of Virginia Beach concerning HIlltop Loop (Southwest), CIP Project
2-937.
The owner of the property along this alignment has submitted a site plan to
develop the property. With this plan, the owner will dedicate and construct
the ultimate road section for Hilltop Loop. The developer has submitted a cost
participation agreement which outlines the project costs for this work.
CAPTIONS - CABLE
CHANNEL 29 ITEM # 25749
Councilman Perry referenced the CAPTIONS on CABLE CHANNEL 29. Councilman Perry
requested this verbage be run at a slower pace as same moved too quickly to
comprehend.
- 4 -
MAT T E R S BY T HE MAYOR
REPORT OF THE
MAYOR ITEM # 25750
Mayor Jones advised a copy of the MAYOR'S RFPORT had been distributed for July.
Subsequent reports will be forthcoming at the end of each month.
CABLECASTING OF
CITY COUNCIL ITEM # 25751
Mayor Jones advised on the first Wednesday of the Month following the first
City Council Meeting, there will be a televising of a PROGRAM in order to keep
the public informed of actions by City Council. This PROGRAM has been
SCHEDULED initially for August 13, 1986. Mayor Jones, Vice Mayor Oberndorf and
the City Manager will be participating in this first Program. All Members of
Council will participate on a rotating basis. The Office of Public Information
is endeavoring to arrange a "call-in" phase from citizens
TWO-SIDED AGENDA ITEM # 25752
Mayor Jones advised to have a basis of comparison as to preference, Members of
Council will receive their Agenda printed on both sides (back/front) for the
City Council Meeting of August 11, 1986.
SPORTS AUTHORITY OF
HAMPTON ROADS ITEM # 25753
Mayor Jones polled City Council as to their attendance at a PUBLIC MEETING
concerning the SPORTS AUTHORITY OF HAMPTON ROADS on Thursday, August 7, 1986,
at Chrysler Hall in Norfolk, Virginia.
INDUSTRIAL DEVELOPMENT
AUTHORITY ITEM # 25754
The Industrial Development Authority will conduct a BRIEFING for City Council
on Tuesday, August 12, 1986, at 10:00 A.M. at the Authority's office.
- 5 -
INFORMAL SESSION
PRESENTATION
AICUZ
August 4, 1986
12:15 P.M-
The City Manager introduced Robert J. Scott, Director of Planning, who
reiterated the AICUZ POLICY. On MaY 30, 1986, the Council indicated its
approval of this policy: AN INDUSTRIAL DEVELOPMENT POLICY FOR THE CITY OF
VIRGINIA BFACH INVOLVING LAND IMPACTED BY THE NAVY'S AICUZ PROGRAM. This
policy is hereby made a part of the record.
There are approximately 4,000 acres affected by those AICUZ easements. The
nature of the easements greatly limit the future use of the property.
This policy intends to separate that which is suitable for industrial use from
that which is not suitable and furthermore to specify standards by which the
orderly development of that land deemed suitable should take place. A need
exists over the next thirty (30) years for approximately 1,000 acres for
industrial use.
Robert Scott distributed information relative the AICUZ area and referenced
page 4 containing a map designating said AIGUZ areas. Areas 1, 2, 3 and 4 are
basically zoned Industrial. Areas 5, 6, 7 and 8 contain the best industrial
characteristics for the immediate future concering location of water and sewer
lines, existing residential neighborhoods, existing environmental constraints
and distance to proposed highways. On pages 6 and 7 the POLICY STATEMENT is
reiterated and on page 8 and 9, POLICY GUIDELINES are detailed in connection
with consideration of properties for industrial conversion.
- 6 -
PRESENTATION
PROPOSED CIP AND REFERENDA PROJECTS
August 4, 1986
12:30 P.M-
The City Manager referenced the items contained in City Council's Agenda with
referenced the CAPITAL IMPROVEMENT PROGRAM and REFERENDA.
At the Capital Improvement Program Workshop held on July 24, 1986, City Council
expressed a preference for Financing Option E 1. This option, based on an
eight-year plan for the school construction backlog and a ten-year plan for the
roadway construction backlog would require a $27 Million School Referendum and
a $40 MIllion Roadway Referendum in November of 1986. An additional Referendum
of $35 Million for School construction would be needed in 1989 and a five cent
real estate rate increase for "Pay-As-You-Goll Roadway construction would be
necessary to finance the first five years of those respective plans over the
amount of their annual allocations. An additional three cent increase in the
tax rate would be necessary to support debt service payments on the School
Referendum.
A PROPOSFD 1986 REFERENDA has been suggested in anticipation of the TOWN
MEETING on Wednesday, August 6, 1986, at 7:00 P.M. This TOWN MEETING will
commence with a PRESENTATION by the City and the Schools.
A TENTATIVE SCHEDULE of Events for the PROPOSED 1986 BOND REFERENDA has also
been included as well as a PROJECT COST SUMMARY BY PRIORITY NUMBER of the
CAPITAL IMPROVEMENT PROGRAM. A letter from E. Carlton Bowyer, Assistant
Superintendent, Operational Services of the Virginia Beach City Schools,
concerning the City Council's wishes to expand the School Board's proposed
Capital Improvement Program budget from a Five-Year Plan to an Eight Year Plan
was also made a part of City Council's Agenda. All of these documents are
hereby made a part of the record.
Mayor Jones referenced the need for a concluding WORKSHOP on this process prior
to the Thirteenth of August.
- 7 -
ITEM # 25755
Mayor Jones entertained a motion to permit City Council to conduct its
EXECUTIVE SESSION (12:50 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. PROSPECTIVE BUSINESS OR INDUSTRY: Discussion concerning a prospective
business or industry where no previous announcement has been made of the
business' or industry's interest in locating in the community.
4. LEGAL 14ATTERS: 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 Balko, seconded by Councilman Baum, City Council
voted to proceed into EXECUTIVE SESSION.
Voting: 9-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, 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:
Robert E. Fentress (ENTERED: 12:52 P.M.)
Harold Heischober was out of the City on business
- 8 -
F ORM A L S E S S ION
VIRGINIA BEACH CITY COUNCIL
August 4, 1986
2:10 P.M.
Mayor Jones called to order the Formal Session of the Virginia Beach City
Council in the Council Chambers, City Hall Building, on Monday, August 4, 1986,
at 2:10 P.M.
Council Members Present:
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, Nancy K. Parker and John L. Perry
Council Members Absent:
Harold Heischober
INVOCATION: Reverend J. S. Hangen
Messiah Lutheran Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
- 9 -
APPROVAL OF ITEt4S FOR THE FORMAL AGENDA
ITEM # 25756
BY CONSENSUS, with the exception of Councilwoman McClanan's VERBAL NAY Vote,
City Council ADOPTED the ITEMS 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 # 25757
Councilwoman Henley referenced Ordinances upon FIRST READING to accept and
appropriate from the Virginia Department of Mental Health and Metal
Retardation to the Virginia Beach Department of Mental Health, Mental
Retardation and Substance Abuse: $69,947 for a Day Treatment for Older
Adults; $79,211 for continuation of Day Treatment Program for Emotionally
Disturbed Children; $33,333 for enhanced Mental Health Case Management; and,
$228,057 for enchanced Mental Retardation Program. (See Item II-I-3 of the
Consent Agenda). Councilwoman Henley advised Mrs. Nancy Clark, Chairman, of
the Virginia Beach Community Services Board, was in attendance, and might
wish to respond to this particular item. (See Item II-I-3 of the Consent
Agenda).
This item will be pulled for a separate vote.
Item II-D.2. ITEM # 25758
Councilman Perry referenced an Ordinance to AMEND and REORDAIN Section 37-
19.1 of the Code of the City of Virginia Beach, Virginia, pertaining to
Water-To-Air Heat Pumps. (See Item II-I.1 of the Consent Agenda). This item
will be pulled for a spearate vote.
Item II-D-3- ITEM # 25759
Councilman Perry also referenced an Ordinance upon FIRST READING to accept
and appropriate an entitlement grant of $1,785,000 plus program income of
$50,000 from the Department of Housing and Urban Development to the Community
Development Twelfth Program Year, ($1,835,000). (See Item II-I-5 of the
Consent Agenda). This item will be pulled for a separate vote.
Item II-D.4. ITEM # 25760
The City Manager referenced a Participation Agreement between OFF-PRICE MALL
ASSOCIATES, II, a Virginia General Partnership and the City of Virginia Beach
concerning Hilltop Loop (Southwest), CIP Project 2-937.
The owner of the property along this alignment has submitted a site plan to
develop the property. With this plan, the owner will dedicate and construct
the ultimate road section for Hilltop Loop. The developer has submitted a cost
participation agreement which outlines the project costs for this work.
This item will be added as Item L. 2 under NEW BUSINESS.
Item II-D-5- ITEM # 25761
Councilwoman McClanan referenced an ADD-ON Item concerning revisions to the
SIGN ORDINANCE. This Item will be added as Item L-3 under NEW BUSINESS.
Councilwoman McClanan also requested an ADD-ON to the AGENDA concerning an
Appointment to the PLANNING COMMISSION. Same will be Item J-3-
- 10 -
Item II-E.1
MINUTES ITEM # 25762
Upon motion by Councilwoman Parker, seconded by Councilman Perry, City
Council APPROVED the Minutes of JulY 14, 1986.
Voting: 10-0
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, Nancy K. Parker and John L. Perry
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
- 11 -
Item II-F.1
PRESENTATION ITEM # 25763
The Scheduled Presentation will be made August 11, 1986.
- 12 -
Item II-G
PUBLIC HEARING ITEM # 25764
Mayor Jones DECLARED A PUBLIC HEARING:
PLANNING ITEMS
a. WILLIAM L. FREED STREET CLOSURE
b. SOUTH BAY STREET CLOSURE
PDJ ENTERPRISES, CHANGES OF ZONING
A VIRGINIA GENERAL PARTNERSHIP
d. VIRGINIA NATURAL GAS CONDITIONAL USE PERMIT
e. LEE A. GIFFORD CONDITIONAL USE PERMIT
f. MILDRED LUCILLE REID CHANGES OF ZONING
g. INTERSTATE TIRE COMPANY (Princess Anne Bor.) CHANGE OF ZONING and
CONDITIONAL USE PERMIT
h. INTERSTATE TIRE COMPANY (Kempsville Bor.) CONDITIONAL USE PERMIT
- 13 -
Item II-G.l.a
PUBLIC HFARING
PLANNING ITEMS ITEM # 25765
Attorney Robert Cromwell represented the applicant
Upon motion by Vice Mayor Oberndorf, seconded by Councilman Moss, City Council
APPROVED AN EXTENSION OF 60-DAYS FOR COMPLIANCE until the City Council Meeting
of October 6, 1986, an Ordinance for the discontinuance, closure, and
abandonment of a portion of Baltic Avenue in the petition of William L. Freed.
Application of William L. Freed for the
discontinuance, closure and abandonment of portions
of Baltic Avenue and Maryland Avenue as follows:
Baltic Avenue: Beginning at the northern boundary
of Maryland Avenue and running in a northerly
direction a distnace of 100 feet.
Maryland Avenue: Beginning at a point 450 feet
west of Arctic Avenue and running in a westerly
direction a distance of 209 feet. Said parcels are
50 feet in width and contain 15,450 square feet.
VIRGINIA BEACH BOROUGH.
Voting: 10-0
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, Nancy K. Parker and John L. Perry
Council Members Voting Nay:
None
Council Members Absent;
Harold Heischober
- 14 -
Item II-G.l.b
PUBLIC HEARING
PLANNING ITEM # 25766
Gil Holt, Jr., represented the applicant
Upon motion by Councilman Balko, seconded by Councilman Perry, City Council
APPROVED AN EXTENSION OF TIME FOR COMPLIANCE of 90-days until the City
Council Meeting of November 3, 1986, an Ordinance for the discontinuance,
closure and abandonment of a portion of Holly Avenue in the petition of SOUTH
BAY.
Application of Associates of South Bay for the
discontinuance, closure and abandonment of a
portion of Holly Avenue beginning at the eastern
boundary of Jade Street and running a distance of
167-04 feet along the southern boundary of Lot 15,
Block 8, Lynnhaven Shores. Said parcel is 25 feet
in width and contains 4,180.75 square feet.
LYNNHAVEN BOROUGH.
Voting: 10-0
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, Nancy K. Parker and John L. Perry
Council Members Voting Nay:
None
Council Members Absent;
Harold Heiochober
1 5
Item II-G.l.c
PUBLIC HEARING
PLANNING ITEMS ITEM # 25767
Upon motion by Councilwoman McClanan, seconded by Vice Mayor Oberndorf, City
Council DENIED Ordinances upon application of PDJ ENTERPRISES, A VIRGINIA
GENERAL PARTNERSHIP, for Changes of Zoning:
ORDIANCE UPON APPLICATON OF PDJ ENTERPRISES, A
VIRGINIA GENERAL PARTNERSHIP FOR A CHANGE OF ZONING
DISTRICT CLASSIFICATION FROM AG-1 TO I-1
Ordinance upon application of PDJ Enterprises, a
Virginia General Partnership for a Change of Zoning
District Classification from AG-1 Agricultural
District to I-1 Light Industrial District on
certain property located 600 feet east of Holland
Road beginning at a point 350 feet, more or less,
south of Monet Drive. Said parcel cntains 35.64
acres. Plats with more detailed information are
available in the Department of Planning. PRINCESS
ANNE BOROUGH.
A N D,
ORDINANCE UPON APPLICATION OF PDJ ENTERPRISES, A
VIRGINIA GENERAL PARTNERSHIP, FOR A CHANGE OF
ZONING DISTRICT CLASSIFICATION FROM AG-2 TO B-2
Ordinance upon application of PDJ Enterprises, a
Virginia General Partnership, for a Change of
Zoning District Classification from AG-2
Agricultural District to B-2 Communtiy-Business
District on certian property located on the east
side of Holland Road beginning at a point 350 feet
more or less south of Monet Drive. Said parcel
contains 13.44 acres. Plats with more detailed
information are available in the Department of
Planning. PRINCESS ANNE BOROUGH.
Voting: 10-0
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, Nancy K. Parker and John L. Perry
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
- 16 -
Item II-G.d.
PUBLIC HEARING
PLANNING ITEMS ITEM # 25768
Attorney R. J. Nutter represented the applicant
Upon motion by Councilwoman McClanan, seconded by Councilman Baum, City
Council ADOPTED an Ordinance upon application of VIRGINIA NATURAL GAS for a
Conditional Use Permit:
ORDINANCE UPON APPLICATION OF VIRGINIA NATURAL GAS
FOR A CONDITIONAL USE PERMIT FOR STORAGE, OFFICE
AND MAINTENANCE INSTALLATION FOR A PUBLIC UTILITY
R0886855
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Virginia Natural Gas
for a Conditional Use Permit for storage, office
and maintenance installation for a public utility
on certain property located on the east side of
North Landstown Road, 2256 feet south of Princess
Anne Road. Said parcel contains 1.7 acres. Plats
with more detailed information are available in the
Department of Planning. PRINCESS ANNE BOROUGH.
The following conditions shall be required:
1. Approval is for a period of three (3) years.
2. A 16.5 foot dedication of right-of-way along North
Landstown Road in accordance with plans on file in
the Office of the City Engineer.
3. Landscaping on front of property with attractive
trees and of sufficient height, subject to review
by Roger Huff.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Fourth
day of August, Nineteen Hundred and Eighty-six.
- 17 -
Item II-G.l.d
PUBLIC HEARING ITEM # 25768 (Continued)
PLANNING
Voting: 10-0
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, Nancy K. Parker and John L. Perry
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
- 18 -
Item II-G.I.e.
PUBLIC HEARING
PLANNING ITEM # 25769
Lee A. Gifford, the applicant, represented himself
Upon motion by Councilman Moss, seconded by Vice Mayor Oberndorf, City
Council ADOPTED an Ordinance upon application of LEE A. GIFFORD for a
Conditional Use Permit:
ORDINANCE UPON APPLICATION OF LEE A. GIFFORD FOR A
CONDITIONAL USE PERMIT FOR AN 81 x 81 SIGNBOARD
R0886856
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGTNIA BEACH, VIRGINIA
Ordinance upon application of Lee A. Gifford for a
Conditional Use Permit for an 8'x 81 signboard on
the west side of South Military Highway, 200 feet
more or less south of Indian River Road. Said
parcel is located at 845 South Military and
contains 3.5 acres. Plats with more detailed
information are available in the Department of
Planning. KEMSPVILLE BOROUGH.
The following conditions shall be required:
1. Approval is for a period of one (1) year.
2. Said sign shall be no higher than twelve (12) feet
total h
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Fourth
day of August, Nineteen Hundred and Eighty-six.
Voting; 10-0
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, Nancy K. Parker and John L. Perry
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
- ig -
Item II-G.l.f
PUBLIC HEARING
PLANNING ITEM, # 25770
Attorney Robert Cromwell represented the applicant
Mary A. Wenger, adjacent resident, also spoke in favor of the proposed
application
Said applications are located within the AIGUZ High Noise Impact Zone 3 and
Accident Potential Zone B surrounding NAS Oceana.
Upon motion by Councilman Perry, seconded by Councilman Balko, City Council
DENIED Ordinances upon application of MILDRED LUCIIJE REID for Changes of
Zoning:
ORDINANCE UPON APPLICATION OF MILDRED LUCILLE REID
FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM
AG-1 TO I-1
Ordinance upon application of Mildred Lucille Reid
for a Change of Zoning District Classification from
AG-1 Agricultural District to I-1 Light Industrial
District on certain property located 600 feet south
of London Bridge Road beginning at a point 300 feet
more or less east of Shipps Corner Road. Said
parcel is located at 1417 London Bridge Road and
contains 1.214 acres. PRINCESS ANNE BOROUGH.
A N D,
ORDINANCE UPON APPLICATION OF MILDRED LUCILLE REID
FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM
AG-2 to I-1
Ordinace upon application of Mildred Lucille Reid
for a Change of Zoning District Classification from
AG-2 @gricultural District to I-1 Light Industrial
District on certain property located on the south
side of London Bridge Road begining at a point 300
feet more or less east of Shipps Corner Road. Said
parcel is located at 1417 London Bridge Road and
contains 2.524 acres. PRINCESS ANNE BOROUGH.
- 20 -
Item II-G.l.f
PUBLIC HEARING
PLANNING ITEM # 25770 (Continued)
Voting: 8-2
Council Members Voting Aye:
Albert W. Balko, 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:
John A. Baum and Robert E. Fentress
Council Members Absent;
Harold Heischober
- 21 -
Item II-G.l.g
PUBLIC HEARING
PLANNING ITEM # 25771
Attorney Charles Salle' represented the applicant
Upon motion by Councilwoman McClanan, seconded by Councilman Baum, City
Council ADOPTED Ordinances upon appliation of INTERSTATE TIRE COMPANY, INC.:
ORDINANCE UPON APPLICATION OF INTERSTATE TIRE
COMPANY, INC. FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM 0-1 TO B-2 Z08861110
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIGINIA
Ordinance upon application of Interstate Tire
Company, Inc. for a Change of Zoning District
Classification from 0-1 Office District to B-2
Community Business District at the northwest corner
of Holland Road and Hayes Avenue on Lots 5-10 and
Lots 16-20, Blcok 2, Pecan Gardens. Said parcel
contains 35,284 square feet. PRINCESS ANNE
BOROUGH.
A N D,
ORDINANCE UPON APPLICATION OF INTERSTATE TIRE
COMPANY, INC. FOR A CONDITIONAL USE PERMIT FOR AN
AUTO REPAIR ESTABLISHMENT, SALE AND INSTALLATION OF
TIRES R0886857
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Interstate Tire
Company, Inc. for a Conditional Use Permit for an
auto repair establishment, sale and installation
of tires at the northwest corner of Holland Road
and Hayes Avenue on Lots 5-10 and Lots 16-20,
Block, 2, Pecan Gardens. Said parcel contains
35,284 square feet. PRINCESS ANNE BOROUGH.
These Ordinances shall be subject to the following conditions:
1. Only the existing curb cut is to be permitted
along Holland Road.
2. Appropriate screening and buffering (no cutting of
existing trees on the City's paper street) will be
required along property lines abutting the
existing office and residential developments.
3. No outside storage of tires after hours.
4. All autos in repair shall be stored inside after
hours; except the autos for delivery from the
premises that night.
5. The impact wrench shall be URYU Model NO. UW-
120E-2 with a 'gilencer or a wrench of equivalent
impact and equal or less noise level than 2 feet
EV level of 78.
- 22 -
Item II-G.l.g
PUBLIC HEARING
PLANNING ITEM # 25771 (Continued)
These Ordinances shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Fourth
day of August, Nineteen Hundred and Eighty-six.
Voting; 10-0
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, Nancy K. Parker and John L. Perry
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
- 23 -
Item II-G.l.h.
PUBLIC REARING
PLANNING ITEM # 25772
Attorney Charles Salle' represented the applicant and presented a letter dated
July 30, 1986, containing proffers concerning said application. (Said letter
is hereby made a part of the record.
Upon motion by Councilman Moss, seconded by Vice Mayor Oberndorf, City Council
ADOPTED an Ordinance upon application of INTERSTATE TIRE COMPANY, INCORPORTED,
for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF INTERSTATE TIRE
COMPANY, INCORPORATED FOR A CONDITIONAL USE PERMIT
FOR AN AUTOMOBILE REPAIR ESTABLISHMENT, SALE AND
INSTALLATION OF TIRES R0886857A
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Interstate Tire
Company, Inc., for a Conditional Use Permit for an
automobile repair establishment, sale and
installation of tires on certian property located
on the north side of Indian River Road, 650 feet
mroe or less east of Kempsville Road. Said parcel
contains 34,268 square feet. Plats with more
detailed information are available in the
Department of Planning. KEMPSVILLE BOROUGH.
The following conditions shall be required:
1. The building shall be constructed and oriented in
the manner shown on the site plan entitled "Indian
River Road Radial Tire Store," prepared by Balzer
and Associates, Inc. and dated April 16, 1986, with
the latest revision dated June 15, 1986.
2. The applicant will construct the fence shown on the
site plan to a minimum height of eight feet with
the smooth side out and with styrofoam or other
approved soundproofing material in the center. The
applicant will keep the fence in good repair and
will keep the landscaping properly trimmed.
3. The building shall contain no outside openings to
the storage area or along the northern building
wall other than emergency exits which may be
required by the City and which shall be used only
for emergency purposes.
4. The only impact wrench which shall be operated upon
the property shall be the URYU Model NO. UW-120E-2
with silencer or an equivalent impact wrench of
equal or less noise level rating.
5. At the end of each day, all automobiles upon which
repairs have not been completed will be stored
within the building.
6. There shall be no outside storage of tire racks or
other materials other than within the dumpster
enclosure shown on the site plan.
7. Illuminated signs shall only be lighted from within
the sign. No direct lighting shall be directed
towards the adjacent residential property other
than normal street lighting such as mercury vapor
lamps.
- 24 -
Item II-G.l.h.
PUBLIC HEARING
PLANNING ITEM # 25772 (Continued)
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Fourth
day of August, Nineteen Hundred and Eighty-six.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentres,9,
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:
Harold Heischober
- 25 -
Item II-H.l.
RESOLUTIONS ITEM # 25773
Attorney George Consolvo represented the applicant. The letter from
Attorney George L. Consolvo to City Attorney Dale Bimson dated JulY 31,
1986, is hereby made a part of the record.
Roy Mendelsohn, CBN, was in attendance to respond to Council inquiries.
Sam Eouston, spoke concerning the elderly and low-income housing. Various
articles in connection with same were distributed to City Council and are
hereby made a part of the record.
Upon motion by Councilman Fentress, seconded by Councilman Baum, City Council
ADOPTED a Resolution approving the issuance of an Industrial Development
Revenue Bond to:
CBN UNIVERSITY $5,000,000
Voting: 8-2
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** and Vice Mayor Meyera E.
Oberndorf
Council Members Voting Nay:
Nancy K. Parker and John L. Perry
Council Members Absent:
Harold Heischober
*Verbal Aye
**After the adjournment, Councilman Moss asked that his AYE VOTE be recorded
as NAY. Mr. Moss will request this change in the APPROVAL of the MINUTES of
August 11, 1986.
- 25a -
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AU@HORITY
INDUSTRIAL DEVELOPMENT REVENUE BOND
PROJECT NAME: CBN University
2. LOCATION: 1000 Centerville Tu
Virginia Beach,_.Virginia '23463
3. DESCRIPTION OF PROJECT: Student Housing
4. AMOUNT OF BOND ISSUE: $5,000',OOO
S. PRINCIPALS: NA
6. ZONING CLASSIFICATION:
a. Present zoning
classification of the
Property
R-8
b. Is. rezoning PrOposed? Yes No x
C. If sot to what zoning
classification?
FISCAL II%IPACT STATE@IENT
FOR PROPOSED INDUSTRIAL L@EVENU@ BOND FINANCI@IG
DATE:
TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA
PROI@ECT NAME: CBN University
TYPE OF FACILITY: Student Housing
1. Maximum amount of financing sought $ 5 000 000
2. Estimated taxable value of the
facility's real property to be
constructed in the municipality $ -o-
3. Estimated r6al property tax per
year using present tax rates $ -o-
4. Estimated personal property tax
per year using present tax rates $ -0-
5. Estimated merchants' capital
(business license) tax per
year using present tax rates s -0-
6. Estimated dollar value per year
of goods and services that will
be purchased locally s 150 000
7. Estimated number of regular
employees on year round basis 10
8. Average annual salarv per employee $ 15000
The information contained in this Statement is based
solely on facts and estimates provided by the Applicant, and
the Authority has made no independent investigation with
respect thereto.
CITY OF VIRGINIA BEACH
DEVELOPMENT AUTHORITY
By
Ch,iirman
7'
PROJECT CBN University
PROJECT ADDRESS: 1000 Centerville l@pike
Virginia Beach, Vi.rginia
'IYPE OF PRO=: Student Housing
A meeting of the Council of the city of Virginia Beach,
Virginia, was held in the Council Chambers, in the Adminis-
tration Building, on the 4 dav of x 1986.
C01mcilman
On motion by Fentress
and seconded by Councilman Baum the follow-
ing Resolution Was adopted.
RESOLUTION APPROVING THE ISSUANCE OF INDUSTRIAL
DEVELOPMENT REVENUE BONDS FOR CBN UNIVERSITY
WHEREAS, the City of Virginia Beach Development Authori-
ty (the Authoritv), has considered the application of CBN
University, a Virginia non-stock corporation (the Company),
for the issuance of the Authority's industrial development
revenue bonds in an amount not to exceed $5,000,000 (the
Bonds) to assist in the financing of the Company's construc-
tion and equipping of a student housing facility (the Facili-
ty) to be located at 1000 Centerville Turnpike in the City of
Virginia Beach, Virginia, and to be owned by the Company, and
has held a publ.ic hearing thereon on July 8, 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;
WHEREAS, a cop:7 of the Authority's resolution approving
the issuance o@' the Bonds, subject to terms to be agreed
upon, a reasonably detailed summarv of @.he (,omments expressed
at the public hearing with respect to the Bonds and a state-
ment in the form prescribed by Section 15.1-1378.2 of the
Code of Virginia of 1950, as amended, have been -@iled with
the Clerk of the Council;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. The recitals made in the preambles to this Resolu-
tion are hereby adopted as a part of this Resolution.
The Council of the City of Virginia Beach, Virginia,
approves the issuance of the Bonds by the Cit,7 of Virginia
Beach Development Authorit@, to assist in the financing of the
Facility for the benefit of the Compan@,.
3. The approval of the issuance of the Bonds does not
constitute an endorsement of the Bonds or the creditworthi-
ness of the Company, but, pursuant to Chapter 643, Virginia
Acts of Assembly of 1964, as amended, the Bonds shall prO@7ide
that neither the Cit@7 nor the Authority shall be obligated to
pay the Bonds or the interest thereon or other costs incident
thereto except from the revenues and mone@"s idledqed therefor,
and neither the faith or credit nor the taxinq power of the
Commonwealth, the City, or the Authorit,, shall be pledged
thereto.
4. This Resolution shall take effect immediatelv upon
its adoption.
Adopted by the Council of the City of Virginia Beach,
August 4,
Virginia, on Wly _, 1986.
2
- 26 -
Item II-H.2
RESOLUTIONS ITEM # 25774
Upon motion by Councilwoman Parker, seconded by Councilman Moss, City Council
ADOPTED ALTERNATIVE 4-A:
Resolution that, prior to August
23 1986 the Planning Commission shall review the
Comprehensive Land Use Plan, conduct Public
Hearings and make their recommendation for an
amendment relating to the status of the GREEN LINE
and proposed use of those properties south of the
Green Line.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Barbara M. Henley, Mayor Robert G. Jones, Reba S.
McClanan, Vice Mayor Meyera E. Oberndorf, John D.
Moss, Nancy K. Parker and John L. Perry
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
This Resolution was brought forward on the AGENDA to allow advertising to be
placed in the Virginia Beach Sun in accordance with their printing deadline
and meeting the legal requirements of thd Virginia State Code.
- 26a -
Alternate 4-A
RESOLUTION
WHEREAS, the Council of the city of Virginia Beach
adopted a Comprehensive Land Use Plan in January of 1985 which
proposes to limit urban growth within an area bounded by the
Green Line; and
WHEREAS, there are approximately 4300 acres of land
zoned for non-agricultural development south of the Green Line;
beginning at the point where the western boundary line between
the Princess Anne Borough and the Kempsville Borough intersects
with the Virginia Beach/Chesapeake City Line; thence northerly
along that line to its intersection with Princess Anne Road;
thence south and east along Princess Anne Road to Sandbridge
Road; thence east along Sandbridge Road to a point 1000 feet west
of its intersection with Sandfiddler Road; thence generally from
that point southeasterly to a point on the boundary line between
Princess Anne Borough and Pungo Borough 1000 feet west of the
intersection of that line and Sandfiddler Road; thence westerly
and southerly along the boundary line between Princess Anne
Borough and Pungo Borough to the Virginia Beach/Chesapeake City
Line; thence northerly along the Virginia Beach/Chesapeake City
Line to the point of beginning.
WHEREAS, the Council of the City of Virginia Beach has
determined that there is objectively verifiable evidence of
changed circumstances since the adoption of the Comprehensive
Land Use Plan suggesting that careful management of the area
south of Green Line will not be sufficient to insure the public
health, safety, and welfare of the citizens of Virginia Beach.
WHEREAS, the Council of the CitY of Virginia Beach
desires to conserve land and other natural resources, floodways,
historic or scenic purposes, and assist in the shaping of the
character, direction, and timing of cormnunity development.
August 4, 1986
- 26b -
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
1. That the Planning Commission shall, prior to August
23, 1986, review the Comprehensive Land Use Plan of the City of
Virginia Beach, conduct all necessary public hearings, and render
a recommendation for an amendment to the Comprehensive Plan to
include a consideration of:
(a) A reevaluation of the Green Line;
(b) The future location of the Green Line;
(c) When the Green Line should be moved;
(d) A proposed use of those properties south
of the Green Line to include the rezoning
of certain properties.
2. That the Planning Commission shall, prior to August
23, 1986, prepare and submit to council an Amendment to the
City's Zoning Ordinance and Map. The Amendment shall provide for
each parcel of land listed below a change of zoning from
classification as listed to P-1, AG-1, AG-2, R-1, R-2 or R-3 as
the Planning Commission deems appropriate in accor(jance with maps
on file in the Planning Department.
ADOPTED: August 4, 1986
JDB: jh
8/1/86
August 4, 1986
- 27 -
Item II-H-3
RESOLUTION ITEM # 25775
Upon motion by Councilman Fentress, seconded by Councilwoman Parker, City
Council ADOPTED:
Resolution designating August 26, 1986, the date
for a SPECIAL EXECUTIVE SESSION at 5:30 p.m. and
FORMAL SESSION at 7:00 p.m. for the Virginia Beach
City Council to consider the recommendation of the
Planning Commission, their proposed amendment to
the Comprehensive Land Use Plan and the Status of
the GREEN LINE with reclassification of properties
south of the GREEN LINE
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Barbara M. Henley, Mayor Robert G. Jones, Reba S.
McClanan, Vice Nlayor Meyera E. Oberndorf, John D.
Moss, Nancy K. Parker and John L. Perry
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
This Resolution was brought forward on the AGENDA to allow advertising to be
placed in the Virginia Beach Sun in accordance with their printing deadline
and meeting the legal requirements of the Virginia State Code.
- 27a -
R E S 0 L U T I 0 N
WHEREAS, the Council of the City of Virginia Beach
will be provided a recommendation from the Planning Conunission
concerning an amendment to the Comprehensive Plan involving the
status of the Green Line and reclassification of properties
South of the Green Line.
THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
THAT a Special Meeting is hereby called for August
26, 1986, at 7:00 p.m. to be preceded by an executive session
at 5:30 p.m. to discuss and take appropriate action concerning
the recommendation of the Planning Commission on the amendment
to the Comprehensive Plan involving the status of the Green Line
and reclassification of properties South of the Green Line.
ADOPTED: Augubt 4, 1986
JDB: er
7-30- 8 6
- 28 -
Item II-H-4
RESOLUTIONS ITEM # 25776
James Lawson, Director of Real Estate, referenced the City had acquired the
Kempsvile Utilities property from developer Stanley Warranch. Over the past
several years studies have been conducted to determine what would be done
with the 10 acres (more or less) of land that made up the treatment plant
and lake, as well as the parcels of land that abut 14 private residences in
the Carolanne Farms subdivision. It is the recommendation of the City Staff
that these fourteen (14) parcels be declared as EXCESS and sold to adjoining
property owners
The following spoke in favor of said Resolution:
Rae H. LeSesne, represented the Council of Civic Organizations
Robert Hicks, President of the Carolanne Civic League
Upon motion by Vice Mayor Oberndorf, seconded by Councilman Baum, City
Council ADOPTED:
Resolution regarding Carolanne Farm lake and park
and intent of City Council to declare certain
property adjacent thereto EXCESS upon proper
application.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Barbara M. Henley, Mayor Robert G. Jones, Reba S.
McClanan, Vice Mayor Meyera E. Oberndorf, John D.
Moss, Nancy K. Parker and John L. Perry
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
- 28a -
RESOLUTION REGARDING CAROLANNE
FARM LAKE AND PARK AND INTENT OF
CITY COUNCIL TO DECLARE CERTAIN
PROPERTY ADJACENT THERETO EXCESS
UPON PROPER APPLICATION
WHEREAS, in 1982 the City acquired a lake and an
approximate 10 acre parcel of highland when it acquired the
treatment plant for the Kempsville Utilities; and
WHEREAS, it is the City's intent to develop the lake
and the 10+ acre site as a neighborhood park preserving same in
its natural state and creating such passive facilities as
floral gardens, walking trails and benches; and
WHEREAS, there appears to be a ribbon of highland
located adjacent to lots 42, 43, 45, 46, 47, 48, 50, 51 and 52
in Block G, Section II of Carolanne Farms and lots 90, 91, 92,
93 and 94 in Block G, Section IV of Carolanne Farms which
separates said lots from the lake referenced above; and
WHEREAS, some of the owners of the 14 lots
referenced above have expressed an interest in acquiring
portions of the highland between their lots and the lak,; nd
WHEREAS, in order to acquire portions of the
highland, such lot owners may, upon proper application, request
that City Council declare the property excess and authorize the
City Manager to convey the property for its appraised value.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA;
That the lake and 10+ acre site shown on the
schematic attached hereto and incorporate(i by reference is
hereby declared a park to be developed in its natural state for
passive recreational use; and,
It is the intent of Council I:hat upon proper
application, it will consider declaring portions of the ribbon
of highland located adjacent to lots 42, 43, 45, 46, 47, 48,
50, 51, and 52 in Block G, Section II of Carolanne Farms and
August 4, 1986
- 28 b-
lots 90, 91, 92, 93 and 94 in Block G, Section IV of Carolanne
Farms to be excess and authorize the City Manager to convey
said property for its appraised value. The area which
separates said lots from the lake referenced above is more
particularly shown on the schematic attached hereto.
Adopted this 4 day of August 1986 by the
Council of the City of Virginia Beach, Virc' '
finia.
DSH/awi
07 / 28 / 8 6
Enclosure (1) Schematic Map
DEPAirrMENT
2
-28c
)qc
- 29 -
Item II-I.1
CONSENT AGENDA ITEM # 25777
Upon motion by Vice Mayor Oberndorf, seconded by Councilman Baum, City
Council APPROVED in ONE MOTION Items 2, 4, 6, 7, 8 9 and 10.
Items 1, 3 and 5 were pulled for a separate vote.
Voting: 10-0
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, Nancy K. Parker and John L. Perry
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
30 -
Item II-I.l.
CONSENT AGENDA ITEM 25778
Charles E. Elks, Jr., resident of Saw Pen Point Circle, had requested
DEFERRAL of this item.
Tom Leahy, Water Resources Engineer, responded to City Council inquires and
advised copies of the National Pollution Discharge Elimination System
Permit regulations were available
Upon motion by Councilman Baum, seconded by Councilman Moss, City Council
ADOPTED:
Ordinance to AMEND and REORDAIN Section 37-19.1 of
the Code of the City of Virginia Beach, Virginia,
pertaining to Water-To-Air Heat Pumps.
Voting: 9-1
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 Nancy K. Parker
Council Members Voting Nay:
John L. Perry
Council Members Absent:
Harold Heischober
30a -
0
v
0
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 37-19.1 OF THE CODE OF THE
CITY OF VIRGINIA BEACH, VIRGINIA,
PERTAINING TO WATER-TO-AIR HEAT PUMPS
<
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 37-19.1 of the Code of the City of
Virginia Beach, Virginia is hereby amended and reordained as
follows:
Section 37-19.1. Aquifer recharge system required for
water-to-air heat pumps.
(a) Unless otherviaL--provided-by-tite-state-Water
iBfyrttrol-Baard the owner is the holder of a properly issued
National Pollutiori Discharge Elimination System (N.P.D.E.S.)
permit from the Virginia Water Control Board, all water-to-air
heat pumps and/or other devices which utilize groundwater for
purposes of heating and cooling shall be eqUiPPE!d and installed
in such a manner as to return all such groundwat:er, after usage,
in an unaltered biological and chemical conditic,n to the aquifer
from which it was originally withdrawn.
No such water-to-air heat pump or othe@r device which
utilized groundwater shall be approved for inst@illation unless it
is so designed or equipped. The site and design of all wells
(intake or discharge) utilized by any such water-to-air beat pump
or other device which utilizes groundwater shall be subject to
approval by of the local health department, where septic tanks
systems are involved.
(b) No property owner, lessee or other person who is
in control of premises upon which any such water-to-air heat pump
or other device which utilizes groundwater is located shall allow
operation of any such pump or device in a manner inconsistent
with the provisions of paragraph (a) above.
August 4, 1986
- 30b -
(c) The provisions of this section shall be
administered and enforced by the department of permits and
inspections. Any violation of this section shall constitute a
Class 3 misdemeanor. Each day any violation of this section
shall continue shall constitute a separate offense.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 4 day of August 19 8 6 .
WMM/Jmh
7 / 1 1 / 8 6
(ORD.H)
August 4, 1986
-2-
- 31 -
Item II-I.2
CONSENT AGENDA ITFII # 25779
Upon motion by Vice Mayor Oberndorf, seconded by Councilman Baum, City
Council ADOPTED:
Ordinance authorizing the City Manager to execute a
deed of easement, release, and vacation of easement
and plat showing drainage easement and temporary
construction easement conveyed to the City of
Virginia Beach from Aragona Moose Lodge.
Voting: 10-0
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, Nancy K. Parker and John L. Perry
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
- 31a -
AN ORDINANCE AUTHORIZING THE CITY
MANAGER TO EXECUTE A DEED OF EASEMENT,
RELEASE, AND VACATION OF EASEMENT AND
PLAT SHOWING DRAINAGE EASEMENT AND
TEMPORARY CONSTRUCTION EASEMENT
CONVEYED TO THE CITY OF VIRGINIA BEACH
FROM ARAGONA MOOSE LODGE
WHEREAS, by plats recorded in the Clerk's Office of the
Circuit Court of the City of Virginia Beach, Virginia, in Map
Book 61, at Page 2, and Map Book 60, at Page 32, certain drainage
and utility easements were dedicated and accepted by the City of
Virginia Beach; and
WHEREAS, Aragona Village Lodge No. 1198, Loyal Order of
Moose, Incorporated is the owner of lots 34, 35, 36, and 37 as
shown on the plats referenced above; and
WHEREAS, Aragona Village Lodge No. 1198 has requested
the City to vacate and release certain drainage easements in
exchange for the dedication of new drainage and temporary
construction easements.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CIYT OF VIRGINIA BEACH, VIRGINIA:
That the City Manager is hereby authorized and directed
to execute the DEED OF EASEMENT, RELEASE AND VACATION OF EASEMENT
(a copy of which is attached hereto as Exhibit "A" and made a
part hereof); and
That the City Manager is hereby authorized and directed
to execute the following PLAT SHOWING DRAINAGE EASEMENT AND
TEMPORARY CONSTRUCTION EASEMENT CONVEYED TO CITY OF VIRGINIA
BEACH FROM ARAGONA MOOSE LODGE (a copy of which is attached
hereto as Exhibit "B" and made a part hereof).
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 4 day of August 1986.
DSH/Jmh
0 6 / 3 O/ 8 6
(E)
31b
EXHIBIT "A"
RELEMEP AND VACIKVION OF
THIS DMM OF 9
EM T, made this d,y If 1986, by and between
ARAGONA VILLAGE LODGE NO. 1198, LOYAL ORDER OF MOOSE,
INCORPORATED, (hereinafter referred to as 'Aragona"), party Of
the first pa,ty, and THE CITY OF VIRGINIA BEACH (hereinafter
referred to as tbe City'), party Of the second part,
,W I T N E S S E T U:
WU Aragona is the owner of Lots 341 350 36, and
37 (hereinafter referred to as the "Propel:ty') as shown on
that certain plat (hereinafter referred to as the 'Plat')
entitled "Plat Showing Drainage Easement and Temporary
Construction Easement Conveyed to The City of Virginia Beach
from Aragona moose Lodge EaSeMentS Vacated by The City of
Virginia Beach, Princess Anne Borough - Virginia Beach,
Virginia, Bureau of Surveys and Mapping, Engineering Division,
Department of Public Works, City of Virginia Beach, Virginia,"
dated March 18, 1986, attacbed bereto, recorded simultaneously
herewith and by this reference incorporated herein; and
wa , Aragona has requested the City to vacate
certain drainage easements shown on the Plat; and
WH , the City has agreed to vacate and release
said drainage easements in exchange for the dedication of new
drainage and temporary construction easements.
NOW, THEREFORE, in consideration of the premises and
the dedications herein, the City does hereby release, vacate,
)ER & COWARD
)RNEYS AT LAW
GINIA BEACH.
VIRGINIA
and forever quit claim unto the party of ttie first part and
its successors and assigns, all of its right, title* and
interest in the following:
ALL THOSE certain easements shown as the
dappled areas and designated on tlie Plat as
'Easements Vacated by The City of Virginia
Beach".
Now, TH oRE, in consideration of the release,
vacation, and quit claim of the foregoing drainage easements
by the City, Aragona does hereby grant, bargain, dedicate, and
convey with General Warranty and English Covenants of Title
unto the City the following described easements:
ALL THOSE certain drainage easements shown
as the shaded area and designated on the
Plat as "20' Drainage Easement Conveyed to
The City of Virginia Beach. Area = 2734
Sq. Ft.' and 1201 Drainage Easement
Conveyed To The City of Virginia Beach.
Area = 499 Sq. Ft."
ALL THAT certain temporary Construction
easement shown as the lined area and
designated on the Plat as 115' Temporary
Construction Easement Conveyed to The City
of Virginia Beach. Area = 2,026 Sq. Ft.-
1. The drainage easement designated "201 Drainage
Easement Conveyed to The City of Virginia Beach. Area - 2,734
Sq. Ft.," shall be for the purpose of installing, operating,
maintaining, repairing, and replacing storm drainage
facilities under the Property. The City shall have the right
to enter on and upon the area of the '20' Drainage Easement
Conveyed to The City of Virginia Beach. Area - 2,734 Sq. Ft.'
at any and all times, for the purpose of installing,
i4 & COWARD
'4EY5 AT LAW
NIA BEACH.
RGINIA
maintaining, repairing, inspecting, and reviewing said
drainage facilitieb and the making of any and all excavation
on said eabement aB may be reabonably necebsary therefore.
The easement debignated @15' Iremporary ConstructiOn FaBement
conveyed to The City of Virginia Beach. Area , 21026 Sq,
Ft.10 shall be for the purpobe of constructing and installing
storm drainage facilities under tbe Property in the existing
drainage easement located on eitber side of the boundary line
between lots 34 and 35 (hereinafter referred to as the
"Existing Easements"). The '151 Temporary Construction
Easement Conveyed to The City of Virginia Beach. Area - 2,062
Sq. pt.w shall terminate when the installation of the drainage
facilitY in the Existing Easements have been completed. The
City agrees for itself and its successors and asr-igns that it
shall backfill any trench made by it on said easement and
repair any damage it shall do to the private roads paving or
landscaping of Aragona, With respect tO said drainage
easements# Aragona reserves the right to use the easements for
purposes which will not interfere with the City's full
enjoyment Of the rights hereby granted, including the
installation and maintenance of pavement, parking lot,
driveways, and other street improvements and landscaping over
the area of said drainage easement.
2. The drainage easement designated on the Plat as
"201 Drainage Easement conveyed to The CitY of Virginia
'ER & COWARD
RNEYSAYLAW
:;INIA BEACH.
VIRGINIA
Beacb. Area - 499 Sq- rt.0 shall be for the purposes of
installing# operating, maintaining, repairing, and replacing
storm drainage facilities upon, over, or under that portion of
the Property encumbered with the easement with the right to
enter upon said easement at any and all times for the purpose
of installing, maintaining, repairing, inspecting, and
reviewing said drainage facilities and the making of any and
all excavation on said easement as may be reasonably necessary
therefore.
3. The said party of the first part covenants that
it is seized in fee simple of the Property; that it has the
right to convey the easements described herein unto the party
of the second part; that the party of the second part shall
have quiet and peaceful possession of the easements free from
all encumbrances; and that the party of the first part will
execute such further assurances of title as may be requisite.
IN WITNESS WHERBDF, The City of lrirginia Beach has
caused these presents to be executed in ii:s name and on its
behalf by its city manager, and its corporate seal to be
hereto affixed and duly attested by its City Clerk, pursuant
to ordinance adopted the _ day of , 1986; and
Aragona Village Lodge No. 1198, Loyal Order of Moose,
incorporated, has caused these presents to be executed in its
name and on its behalf by its Governor and attested to by its
Secretary/Administrator pursuant to a resolution adopted by
the membership on February 26, 1986.
R&COWARD
NEYS AT LAW
NIA BEACH.
IRGINIA
CnT OF V3[RGINIA UMB
By:
c@ty M...9.@
ATTEST:
city Clerk
ARAGONA VILTAGE LODGE NO-
1198, LOYAL ORDER OF noosz,
INCORPORATED
By:
Governor
ST:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I the undersigned, a
Notary Pubiic i. ad for the city a d@;tate aroresaid, do
hereby certify that and
City Manager and Ci ly, for the City of
virginia Beach, whose names are to the foregoing
instrument, have acknowledged tt before me in my city
and state aforesaid.
GIVEN under my hand and seal this _ day
of 1986.
Notary Public
-ER & COWARD my Commission expires:
RNEYS AT LAW
3INIA BEACH,
VIRGINIA
VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I @; @@ " - O.\PYnrnoy)-i the undersigned, a
Notary Pubiic in and for the city and state aforesaid, do
hereby certify that 14ARTIN VAN BUREN and GEORGE A. KELLY, SR.,@
Governor and Secretary/Administrator for Aragona Village Lodge
No. 1198, Loyal Oider of Moose, Incorporated, respectively
whose names are signed to the foregoing instrument, have
acknowledged the same before me in my city and state
aforesaid.
GIVEN under my hand and seal this
of @OrN@ 1986.
Notary Public
My Commission expires:
APPROVED AS TO CONTENTS
NATURE
E@IlTii4
051913/gmd/REL
I & COWARD
4EYS AT LAW
4[A BEACH, -6-
RGINIA
EXHIBIT "B"
49
,.t ;3@
- 32 -
Item II-I-3
CONSENT AGENDA ITEM # 25780
Upon motion by Vice Mayor Oberndorf, seconded by Councilwoman Henley, City
Council APPROVED upon FIRST READING:
Ordinances to accept and appropriate from the
Virginia Department of Mental Health and Mental
Retardation to the Virginia Beach Department of
Mental Health, Mental Retardation and Substance
Abuse:
$69,947 for a Day Treatment for Older
Adults;
$79,211 for continuation of Day Treatment
Program for Emotionally Disturbed
Children;
$33,333 for enhanced Mental Health Case
Management;
$228,057 for enhanced Mental Retardation
Program.
Voting: 10-0
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, Nancy K. Parker and John L. Perry
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
*Verbal Aye
32a -
AN ORDINANCE TO APPROPRIATE $69,947 FOR A
TREATMENT PROGRAM FOR OLDER ADULTS TO THE
MENTAL HFALTH, MENTAL
DEPARTMENT OF
RETARDATION AND SUBSTANCE ABUSE
the community Services Board, during FY 86-87 operating
Budget development, received extensive public testimony indi,cating a need for day
treatment services for older adults, and
WHEREAS, the General Assembly, recognizing tlie need for additional
comunity based treatment of mentally ill citizens, has appropriated new funds in
FY 86-87 for expanded services, and
WHEREAS, the State Department of Mental Health and Mental
Retardation has provided such funds in the amount of $69,947 to provide a day
treatment progr- for older adults in Virginia Beach, employing three full time
and one part time employee, and
wHEREAS, this progr- is to be implemented and continued
contingent fully upon funding from the State Department of Mental Health and
Retardation.
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA that funds from the State Department of Mental Health
and Mental Retardation in the amount of $69,947 be appropriated to the Department
of Mental Health, Mental Retardation and Substance Abuse for operation of a Day
Treatment Program for older adults with three full time and one part time
employees, and
BE IT FURTHER ORDAINED that the estimated Revenues from the
Commonwealth for the FY 86-87 Operating Budget be increased by $69,947.
Adopted by the Council of the City of Virginia Beach, Virginia on
the day of , 1986.
This ordinance shall be effective from the date of its adoption.
FIRST READING: IZ@ust A
SECOND READING:
ORD6.BJM kugust 4, 1986
32b -
0 AN ORDINANCE TO APPROPRIATE $79,211 FOlt
CONTINUATION OF DAY TREATMENT PROGRAM
FOR EMOTIONALLY DISTURBED CHILDREN TO TI[E
DEPARTMENT OF MENTAL HEALTH, MENTAL
RETARDATION AND SUBSTANCE ABUSE
S, the Department of Mental Health, Retardation and
Substance Abuse, in cooperation with the Virginia Beach Public Schools, initiated
a day treatment program for ten emotionally disturbed children in February 1986,
and
WHEREAS, the State Department of Mental Health and Mental
Retardation has provided continuation funding in the amount of $79,211 to provide
day treatment care for a total of twenty children for the Fiscal Year 86-87,
employing three full time Mental Health, Mental Retardation and Substance Abuse
employees, and
WHEREAS, this program is to be implemented and continued
contingent fully upon funding from the State Department of Mental Health and
Retardation.
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA that funds from the State Department of Mental Health
and Mental Retardation in the amount of $79,211 be appropriated to the Day
Treatment Program Unit of the Department of Mental Health, Mental Retardation and
Substance Abuse for operation of Day Treatment Program for E@motionally disturbed
children with three full time Mental Health, Mental Retardal:ion and Substance
Abuse employees, and
BE IT FURTHER ORDAINED that the estimated revenues from the
Commonwealth for the FY 86-87 Operating Budget be increased by $79,211.
Adopted by the Council of the City of Virginia Beach, Virginia on
the day of , 1986.
This ordinance shall be effective from the date of its adoption.
FIRST READING: August4, 1986
SECOND READING:
August 4, 1986
- 32c -
ui
0
TO APPROPRIATE $33,333 FOR
AN ORDINANCE
ENHANCED MENTAL HEALTH CASE MANAGEMENT TO
THE DEPARTMENT OF MENTAL HEALTH, MENTAL
> RETARDATION AND SUBSTANCE ABUSE
0
the Virginia General Assembly Commissions on Mental
Health have supported the call for enhanced community based services for
psychiatrically disabled persons, and
WHEREAS, the General Assembly, recognizing the need for such
services, has appropriated new funds in FY 86-87 for expanded services, and
WHEREAS, the State Department of Mental Health and Mental
Retardation has provided such funds in the amount of $33,333 to provide case
management both to disabled residents currently in the community and to multiply-
impaired residents being released from state institutions through the employment
of two full time case managers, and
WHEREAS, this program is to be implemented and continued
contingent fully upon funding from the State Department of Mental Health and
Mental Retardation.
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA that the funds from the State Department of Mental
Health and Mental Retardation in the amount of $33,333 be appropriated to the
Community Rehabilitation Unit of the Department of Mental Health, Mental
Retardation and Substance Abuse for employment of two case managers, and
BE IT FURTHER ORDAINED that estimated revenues from the
Commonwealth for the FY 86-87 Operating Budget be increased by $33,333.
Adopted by the Council of the City of Virginia Beach, Virginia on
the day of , 1986.
This ordinance shall be effective from the date of its adoption.
FIRST READING: August 4, 1986
SECOND READING:
Au ust 1 86
- 32d -
z
z
AN ORDINANCE TO APPROPRIATE $228,057 FOR
ENHANCED MENTAL RETARDATION PROGRAM TO THE
0 DEPARTMENT OF MENTAL HEALTH, MENTAL
< RETARDATION AND SUBSTANCE ABUSE
>
0
WHERF.AS, the Community Services Board, during FY 86-87 Operating
Budget development, identified 175 mentally retarded individuals over the age of
fourteen who were in need of community based residential placement and support,
and
WHEREAS, the General Assembly, recognizing the need for additional
community based treatment of mentally disabled citizens, has appropriated new
funds in FY 86-87 for expanded services, and
WHEREAS, the State Department of Mental Health and Mental
Retardation has provided such funds for FY 86-87 in the amount of $135,427 for
development of residential placements for severe to profoundly retarded Virginia
Beach residents and $92,630 for development of residential placement and day
support for dually diagnosed Virginia Beach residents, and
WHEREAS, this program is to be implemented and continued
contingent fully upon funding from the State Department of Mental Health and
Mental Retardation.
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA that funds from the State Department of Mental Health
and Mental Retardation in the amount of $228,057 be appropriated to the
Department of Mental Health, Mental Retardation and Substance Abuse for
contractual development of residential placements and day support for mentally
retarded citizens, and
BE IT FURTHER ORDAINED that estimated revenues from the
Commonwealth for FY 86-87 Operating Budget be increased by $228,057.
Adopted by the Council of the City of Virginia Beach, Virginia on
the day of , 1986.
This ordinance shall be effective from the date of its adoption.
FIRST READING: August 4, 1986
SECOND READING:
CAC/1 ORD8.BJM August 4, 1986
- 33 -
Item II-I.4
CONSENT AGENDA ITEM # 25781
Upon motion by Vice Mayor Oberndorf, seconded by Councilman Baum, City
Council APPROVED upon FIRST RFADING:
Ordinance to accept and appropriate $10,122 from
the Virginia Department of Social Services to the
Virginia Beach Department of Social Services;
AND,
To transfer $2,530 from the General Reserve for
Contingencies to the Social Services Budget Unit:
For the pre-grant phase of the Aid to Families with
Dependent Children (AFDC) Program.
Voting: 10-0
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
Nancy K. Parker and John L. Perry
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
- 33a
AN ORDINANCE TO APPROPRIATE $10,122 AND
TO TRANSFER $2,530 FOR THE PRE-GRANT PHASE
OF A COMPETENCY BASED AID TO FAMILIES WITH
DEPENDENT CHILDREN PROGRAM TO THE
DEPARTMENT OF SOCIAL SERVICES
WHEREAS, the current national eligibility process in the Aid to
Families with Dependent Children (AFDC) program inhibits client pursuance of
alternatives to welfare dependency, and
WHEREAS, the federal Social Security Administration has solicited
grant proposals for model programs for improved eligibility processes to address
this issue, and
WHEREAS, the Virginia Beach Department of Social Services, through
the Virginia Department of Social Services, bas submitted such a grant proposal,
and
WHEREAS, the State Department, appearing confident of grant
acceptance, has approved $10,122 (80%) towards the total $12,652 cost of a ninety
day pre-grant phase of the proposed program in Virginia Beach, w:ith Virginia
Beach to provide a match of $2,530 (20%),
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BF-ACH, VIRGINIA that funds from Virginia Department of Social Services
in the amount of $10,122 be appropriated and $2,530 be transferred from
General Reserve for Contingencies to the Director of Social Services Unit for
purchase of equipment and employment of two additional temporary eligibility
workers for the pre-grant phase of the AFDC model eligibility
program.
BE IT FURTHER ORDAINED that the estimated Revenue from the
Commonwealth for the FY 1986-87 Operating Budget be increased by the amount of
$10,122.
Adopted by the Council of the City of Virginia Beach, Virginia on
the - day of 1986.
This ordinance shall be effective from the date of its adoption.
First Reading; August 4, 1986
Second Reading:
A-,P',>C)V,'D AS TO CONTENT
DEPARIPAENT
CAC/1 ORD4.BJM s
33b
0 0
0 co C4 v
10,
0
0 m
00 C4 v
0 0 0
10 C4 OD
C4
q C4
to r:
En H
0 0
0 0
In
0
P4
0In D
ma, 0
H o, 10 v
0 to
r4 r.
0
E-
(n
z
0
E-
0
0) $4
$4
0 $4 P
44 0 0
H u 4i
(D -H
$4 0g4r
0
w
d $4
-4
'd 0
E- cw 0
H L)
.14
H
.,4
.Q 4i V4jm
..4 0.,l
U) d
4) 0 E-
r4
Z, El I u
la 0
$4 0
0
> d
I 10
0 U)
C4
0
0
0
-4
0
m 00 co
0
- 34 -
Item II-I-5
CONSENT AGENDA ITEM # 25782
Maryann I. Ustick, Director, Department of Housing and Community Development,
responded to Councilman Perry's inquiries.
A REVISED Ordinance was distributed to City Council.
Upon motion by Councilman Fentress, seconded by Councilman Balko, City
Council APPROVED upon FIRST RFADING:
Ordinance to accept and appropriate an entitlement
grant of $1,785,000 Plus program income of $50,000
from the Department of Housing and Urban
Development to the Community Development Twelfth
Program Year, ($1,835,000).
Voting: 9-1
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 Nancy K. Parker
Council Members Voting Nay:
John L. Perry
Council Members Absent:
Harold Heischober
- 34a -
Requested by: The Department of Housing and Community Development
AN ORDINANCE TO ACCEPT AN ENTITLEMENT GRANT
FROM THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
AND TO APPROPRIATE FUNDING FOR
THE COMMUNITY DEVELOPMENT TWELFTH PROGRAM YE.AR
WHEREAS, The Department of Housing and Urban Development (HUD) has
awarded a grant of $1,785,000 for the funding of the Community Development
Twelfth Program Year, and
WHEREAS, the Department of Housing and Urban Developinent has approved
the Community Development Twelfth Program Year budget.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That funding from HUD be accepted and funds appropriated for the
following projects and purposes:
PROJECT BUDGET
Capital Improvemnt Projects
Gracetown Street and Drainage Improvement
Project/Construction $172,000
Queen City Water and Sewer Improvement
Project/Engineering 10,000
Reedtown Water, Sewer, Street and Drainage
Improvement Project/Construction 265,000
Seatack IIB Street and Dralnage Improvement
Project/Right-of-Way Acquisition 175,000
Subtotal: $622,000
Flousing Programs
Code Enforcement/Demolition/Clearance $ 37,544
Homesharing Program 26,079
Housing Rehabilitation 216,400
Last Resort Housing Loans 170,000
Replacement Housing/Relocation 255,000
Housing Programs Administration 151,856
Subtotal: $856,879
Other
Black Heritage Awareness Cultural Activities $ 2,147
General Management and Oversight 292,700
Section 8 Program Administration 7,593
Rental Rehabilitation Program Administration 43,681
Contingencies 10,000
Subtotal: $@;56,121
Total: $1,EI35,000
12th Program Year CDBG Entitlement Amount $1,785,000
Estimated Program Income 50,000
Total: $1,835,000
August 4, 1986
- 34b -
That the appropriations w[ I I be f inanced by $1,785,000 in federal
funds from the Department of Housing and Urban Development, and that
appropriations will be financed by an additional $50,000 in program Income
generated by the Department of Housing and Community Dev@alopment.
Amounts appropriated above amend any 1986 - 1987 fiscal year Community
Development Block Grant funded allocations previously authorized in the
fiscal year 1986 - 1987 budget ordinance adopted by City Council on
May 19, 1986.
FIRST READING: Ai,g,,st- 4 lc)86,-
SECOND READING:
Adopted by the Council of the City of Virginia Beach on the
day of 1986.
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
;4
Mary nn@ Ustick, D@tor City Attorney
Departm@nt of Housing and
Community Development
- 35 -
Item II-I.6
CONSENT AGENDA ITE24 # 25783
Upon motion by Vice Mayor Oberndorf, seconded by Councilman Baum, City Council
ADOPTED:
Ordinance to authorize temporary encroachments into
portions of the rights-of-way of Baxter Road and
Greenview Drive to Welch Industries, Inc., its
assigns and successors in title.
This Encroachment is subject to the following conditions:
1. The owner agrees to remove the encroachment when
notified by the City of Virginia Beach, at no
expense to the City.
2. The owner agrees to keep and hold the City free
and harmless of any liability as a result of the
encroachment.
3. The owner agrees to maintain said encroachment so
as not to become unsightly or a hazard.
4. The owner must submit, and have approved, a
traffic control plan before commencing work within
the City's right of way.
5. A hi,hway permit must be obtained and a bond
posted prior to commencing work within the City's
right of way.
6. No open cut of a public roadway shall be allowed
except under extreme circumstances, such
exceptions shall be submitted to the Highway
Division for final approval.
7. The owner agrees to remove the encroachment and
connect to the City's sanitary sewer feilities
when they become available, within the time
stipulated by the City.
8. The owner agrees to submit, and have approved,
construction plans prior to commencing work within
the City's rights-of-way.
- 36 -
Item II-I.6
CONSENT AGENDA ITEM # 25783 (Continued)
Voting: 10-0
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
Nancy K. Parker and John L. Perry
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
- 36a -
AN ORDINANCE TO AUTHORIZE TEMPORARY
ENCROACHMENTS INTO PORTIONS OF THE
RIGHTS-OF-WAY OF BAXTER ROAD AND
GREENVIEW DRIVE TO WELCH INDUSTRIES,
INC., ITS ASSIGNS AND SUCCESSORS IN
TITLE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That pursuant to the authority and to the extent
thereof contained in Section 15.1-893, Code of Virginia, 1950, as
amended, the Welch Industries, Inc., its assigns and successors
in title are authorized to construct and maintain temporary
encroachments into portions of the City's rights-of-way of Baxter
Road and Greenview Drive.
That the temporary encroachments herein authorized are
for the purpose to allow a private 1 1/2" sanitary sewer force
main to serve Welch Industries' site on Baxter Road and that said
encroachments shall be constructed in accordance with the City of
Virginia Beach Public Works Department's specifications as to
size, alignment and location, and further that @;uch temporary
encroachments are more particularly described a!; follows:
An area of encroachment into portions of
the City's rights-of-way known as Baxter
Road and Greenview Drive, as showil on
plat "A" and plat "B" entitled: "PLAN
SHOWING PROPOSED 1-1/2" PRIVATE FORCE
MAIN WITHIN THE RLGHT-OF-WAY OF BjkXTER
RD. AND GREENVLEW DR. KEMPSVILLE 130ROUGH
VIRGINIA BEACH, VIRGINIA," copies of said
plats are on file in the Virginia Beach
Department of Public Works and to which
references are made for a more particular
description.
PROVIDED, HOWEVER, that the temporary encroachment
herein authorized shall terminate upon notice by the City of
Virginia Beach to any officer of Welch Industries, Inc., its
assigns and successors in title and within thirty (30) days after
such notice is given, said encroachments shall be removed from
the City's rights-of-way of Baxter Road and Greenview Drive by
Welch Industries, Inc. and that Welch Industries, Inc., its
assigns and successors shall bear all costs and expenses of such
removal.
- 36b -
And PROVIDED FURTHER, that it is expressly understood
and agreed that the Welch Industries, Inc., its assigns
and successors in title shall indemnify, hold harmless, and
defend the City of Virginia Beach, its agents and employees from
and against all claims, damages, losses, and expenses including
reasonable attorney's fees in case it shall be necessary to file
or defend an action arising out of the location or existence of
such encroachments; and
PROVIDED FURTHER, this ordinance shall not be in effect
until such time that the Welch Industries, Inc., executes an
agreement with the City of Virginia Beach encompassing the
afore-mentioned provisions and other provisions deemed
appropriate by the City Attorney.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 4 day of August 19 86.
CLL/rab
6 / 1 2 / 8 6
(29D)
A-@ 'f
SIGNATLI,@
DEPARTM@NT
APPROVED AS TO LEGAL
-2-
Augsut 4, 1986
36c-
PLAT "A"
NOTES
1. BEARINGS AND DISTANCES SHOWN HEREON
WERE OBTAINED FROM PLATS OF RECORO AS
REFERENCED AND ARE NOT THE RESULTS OF
AN ACTUAL FIELD SURVEY.
2PARCELS SHOWN ARE LOCATED ON TAX
MAP E9-1 AND D9-2.
3BENCH MARK 15 CHISELED "O" ON CURB INLET
AT S.E. PROPERTY CORNER, ELEV.:10.60
N.G.V.D.
4THIS PLAN SHOWS THE LAYOUT OF A
PROPOSED FORCE MAIN IN CONCEPT ONLY
FOR CITY REVIEW AND IS NOT INTENDED TO
BE USED FOR CONSTRUCTION.
5. RIGHT-OF-WAY IMPROVEMENTS IN CONJUNCTION
0 WITH THE BAXTER ROAD TOWNHOME DEVEL-
be OPMENT TAKEN FROM CONSTRUCTION PLANS,
te FILE NO.1520.
Li
b 6. SURVEY REFERENCES:
(A) M.B. 126, R 22
to (B) M.13. 9, R 43
(C) D.B. 2422, P. 2DOI
(D) SUBDIVISION FILE NO. 1520
7. REFERENCE NORTH TAKEN FROM M.B. 126, P. 22.
3
PLAN
SHOWING
PROPOSED 1-1/2"PRIVATE FORCE MAIN
WITHIN THE RIGHT-OF-WAY OF
BAXTER RD. AND GREENVIEW DR.
KEMPSVILLE BOROUGH
A VIRGINIA BEACH, VIRGINIA
A
Bal
b.
T1964
L
August 4, 1986
.rve a n in r'n
36d -
PLAT "B"
A A
PADMA COURT
'6
>
T 2
.0
L)
>
Li 03
'09.87,
p
Ptop, 1-1/2 RIVATE
LL 1- FORCE MAIN BY OTHERS
LT
T-
BAXTER ROAD .,DT. d3
-B
C/ August 4, 1986
Surveys a Engineering Ltd.
- 37 -
Item II-I.7
CONSENT AGENDA ITEM # 25784
Upon motion by Vice Mayor Oberndorf, seconded by Councilman Baum, City Council
ADOPTED an Ordinance appointing viewers in the petition of S.A.S. ASSOCIATES
for the closure of a portion of Shell Road (Bayside Borough).
Ordinance closing, vacating and discontinuing that
certain portion of Shell Road containing
approximately 0.420 acres, beginning at a point at
the northeast corner of the intesection of Diamond
Springs Road and Shell Road, as established,
thence, from said point of beginning, along the
northern right-of-way line of Shell Road, along the
arc of a curve with a radius of 979-93 feet, an arc
distance 277.85 feet to a point; thence S 23
degrees 12 feet 28 inches E, a distance of 52.50
feet to a point on the southern right-of-way line
of Shell Road; thence, along the southern right-
of-way line of Shell Road, along the arc of a curve
with a radius of 927-43 feet an arc distance of
150.44 feet to a point; thence S 22 degrees, 7
feet, 45 inches W, a distance of 84-19 feet to a
point; thence S 58 degrees , 34 feet, 42 inches W,
a distance of 44.96 feet to a point a the
southeastern intersection of Diamond Springs Road
and Shell Road; thence along the eastern right-of-
way line of Diamond Springs Road along the arc of a
curve with a radius of 190.00 feet, an arc distance
of 94.28 feet to the Point of Beginning as shown on
that certain plat entitled "PLAT SHOWING PORTION OF
SHELL ROAD TO BE CLOSED, BAYSIDE BOROUGH, VIRGINIA
BEACH, VIRGINIA", dated May 1986, and prepared by
Basgier and Associates, P.C.
The Viewers are:
Robert J. Scott Director of Planning
David Grochmal Director of General Services
C. Oral Lambert, Jr. Director of Public Works
- 38 -
Item II-I.7.
CONSENT AGENDA ITEM # 25784 (Continued)
Voting: 10-0
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
Nancy K. Parker and John L. Perry
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
- j8a -
ORDINANCE APPOINTING VIEWERS
WHEREAS, S.A.S Associates has given due and proper
notice, in accordance with the statutes for such cases made and
provided that they will on the 4th day of August 1986,
apply to the City Council of the City of Virginia Beach, Virginia,
for the appointment of Viewers to view the bel-ow-described property
and report in writing to the Council whether, in the opinion of
said Viewers, any, and if any, what inconvenience would result
from the discontinuance of the hereinafter described 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, C. Oral Lambert, Jr.
Robert Scott and
David Grochmal are hereby
appointed to view the below described property and report in
writing to the Council on or before , 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 Shell Road containing
approximately 0. 420 acres, beginning at a
point at the Northeast corner of the
intersection of Diamond Springs Rc,ad and Shell
Road, as established, thence, from said point
of beginning, along the northern right-of -way
line of Shell Road along the arc of a curve
with a radius of 979.93 feet, an arc distance
of 277.85 feet to a point; thence S 23@ 12'
28" E, a distance of 52.50 feet to a point
on the southern right-of-way line of Shell
Road; thence, along the southern r,ight-of -way
line of Shell Road, along the ar(,- of a curve
with a radius of 927.43 feet an ztrc distance
CROMWELL, BETZ of 150.44 feet to a point; thence S 22@ 07,
& LUSTIG, P.C. 45" W, a distance of 84.19 feet to a point;
.TT.@@@l@ T 1.@ thence S 58' 341 42" W a distance of 44.96
feet to a point at the southeastern
intersection of Diamond Springs Road and Shell
Road; thence along the eastern right-of-way
line of Diamond Springs Road along the arc of
August 4, 1986
- 38b -
a curve with a radius of 190-00 feet, an arc
distance of 94.28 feet to the Point of
Beginning as shown on that certain plat
entitled "PLAT SHOWING PORTION OF SHELL ROAD
TO BE CLOSED, BAYSIDE BOROUGH, VIRGI-NIA BEACH,
VIRGINIA," dated May, 1986 and prepared by
Basgier and Associates, P.C.
All of the above as shown upon that certain plat entitled,
"PLAT SHOWING A PORTION OF SHELL ROAD TO BE CLOSED, BAYSIDE
BOROUGH, VIRGINIA BEACH, VIRGINIA", which plat is attached hereto
and made a part hereof and intended to be recorded with the
Ordinance closing the aforedescribed street.
4 August 6
Adopted this day of , 198 - , by the
Council of the City of Virginia Beach, Virginia.
CROMWELL, BETZ
& LUSTIG, P.C.
.w
reb
Augsut 4, 1986
2
- 38c -
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 Petitioner, S.A.S. ASSOCiates, a Virginia Limited
Partnership respectfully represents as follows:
1. That pursuant to the provisions of Section 15.1-364
of the 1950 Code of Virginia, as amended, the petitioner applies
for the vacating, closing, and discontinuance of a portion of
that certain street, which is more specifically described as
follows:
THAT CERTAIN portion of Shell Road containing
approximately 0.420 acres.. beqinning at a
point at the Northeast corner of the
intersection of Diamond Springs Road and Shell
Road, as established, thence, from said point
of beginning, along the northern right-of -way
line of Shell Road along the arc of a curve
with a radius of 979.93 feet, an arc distance
of 277.85 feet to a point; thence S 23* 12'
28" E, a distance of 52.50 feet to a point
on the southern right-of-way line of Shell
Road; thence, along the southern right-of -way
line of Shell Road, along the arc of a curve
with a radius of 927.43 feet an arc distance
of 150.44 feet to a point; thence S 22' 071
45" W, a distance of 84.19 feett to a point;
thence S 58@ 341 42" W a distance of 44.96
feet to a point at the southeastern
intersection of Diamond Springs Road and Shell
Road; thence along the easterri right-of-way
line of Diamond Springs Road al.ong the arc of
a curve with a radius of 190.00 feet, an arc
distance of 94.28 feet to the Point of
Beginning as shown on that certain plat
entitled "PLAT SHOWING PORTIOtl OF SHELL ROAD
TO BE CLOSED, BAYSIDE BOROUGH, VIRGINIA BEACH,
VIRGINIA,,, dated May, 1986 and prepared by
Basgier and Associates, P.C-
Said parcel of land being a portion of Shell Road, as indicated
on that certain plat entitled, "PLAT SHOWING PORTION OF SHELL
ROAD TO BE CLOSED, BAYSIDE BOROUGH, VIRGINIA BEACH, VIRGINIA, "
which plat is attached hereto and made a part hereof and intended
to be recorded with the ordinance closing the aforedescribed
street.
2. That no inconvenience will result to any persons
GUY, CROMWELL, BETZ
& LUSTIG, P.C. osing, vacation, and discontinuance of said
@l ... @Y. T L.W by reason of said cl
street; and the petitioner prays that this Honorable Council
August 4, 1986
- 38d -
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
the opinion of said Viewers, what inconvenience, if any, would
result from the discontinuance and closing of this portion of
said street, as herein reported and described.
3. That on the 17th day of June 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, and thE! City of Norfolk,
Virginia, which owns all land along and adjacent to the southern
line of said portion of the street has consented to this
application.
Respectfully submitted,
S.A.S. ASSOCIATES
By: ec@ll -, C, @
Of C
R. Edward Bourdon, Jr. Esquire
GUY, CROMWELL, BETZ a LUSTIG, P.C.
Pembroke office Park
Pembroke one, Suite 525
Virginia Beach, Virginia 23462-2989
(804) 499-8971
AWE LL, BETZ
TIG, P.C.
T I.W
reb
2
38e
Guy, CRO@LL, BETZ LuSTr.0, P. C.
A2Tommyn A" Couirezwim Ar LAw
R.- D. 0- @rnown 4"-agn
W- L@. A,,,@ COD,
D. C@,jz. @ O--S- bee
F. B@, TaLux so-@
Vxao@ @,Vzaomu sa"g-@
it. 3-@ Ju. June 18, 1986
G.-. M. 3n
C.@
1, R. Edward Bourdon, Jr., attorney for S. A. S. ASSOCiates,
do hereby certify that:
1. I am an attorney at law and represent S.A.S.
Associates, a Virginia Limited Partnership.
2. That based upon my examination of title, it is my
opinion that if the portion of the street sought to be closed is
discontinued, closed and vacated by the Council of the City of
Virginia Beach, Virginia, then title to said street will vest in the
owners of the fee in all adjacent property, subje4::t to the right of
the City of Virginia Beach to require compensation in accordance
with Section 15.1-366 of the Code of Virginia, 1E)50, as amended.
3. The portion of street to be closed, x-eferred to herein,
is described as followst
THAT CERTAIN portion of Shell Road containing
approximately 0.420 acres, beginning at a point
at the Northeast corner of the intersection of
Diamond Springs Road and Shell Road, as
established, thence, from said point of
beginning, along the northern right-of-way line
of Shell Road along the arc of a curve with a
radius of 979.93 feet,, an arc distance of 277.85
feet to a point; thence S 23' 121 280 E, a
distance of 52.50 feet to a point on the southern
right-of-way line of Shell Road; thence, along
the southern right-of-way line of Shell Road,
along the arc of a curve with a radius of 927.43
feet an arc distance of 150.44 feet to a point;
thence S 22* 07' 45" W, a distance of 84.19 feet
to a point; thence S 580 341 42' W a distance
of 44.96 feet to a point at the southeastern
inters6ction of Diamond Springs Road and Shell
Road; thence along the eastern right-of-way line
of Diamond Springs Road along the arc of a curve
Page 2
June 18, 1986
with a radius of 190.00 feet, an arc distance
of 94.28 feet to the Point of Beginning ais shown
on that certain plat entitled "PLAT E;HOWING
PORTION OF SHELL ROAD TO BE CLOSED, flAYSIDE
BOROUGH, VIRGINIA BEACH, VIRGINIA,' dated May,
1986 and prepared by Basgier and Associates, P.C.
GUY, CROMWELLO BETZ & LUE;TIG, P.C.
38f
SPRINGS ROA D
DIAMOND
rt
0
(D
0
r4
REL.OCArED
SHEL.L.
ROAD
- 39 -
Item II-I.8
CONSENT AGENDA ITEM # 25785
Upon motion by Vice Mayor Oberndorf, seconded by Councilman Baum, City
Council APPROVED:
Low Bid to Colonial Mechanical Corporation in the
amount of $238,180 for Energy Conservation Project
Phase II - CIP #3-826.
Voting: 10-0
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
Nancy K. Parker and John L. Perry
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
- 40 -
Item II-I.9
CONSENT AGENDA ITEM # 25786
Upon motion by Vice Mayor Oberndorf, seconded by Councilman Baum, City
Council APPROVED:
Low Bid to East Coast Corporation in the amount of
$183,352 for @dbridge Bikeway - CIP #2-047.
Voting: 10-0
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
Nancy K. Parker and John L. Perry
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
- 41 -
Item II-I.10
CONSENT AGENDA ITEM # 25787
Upon motion by Vice Mayor Oberndorf, seconded by Councilman Baum, City
Council APPROVED:
Raffle Permits:
Virginia Beach Democratic Women's Club
Knights of Columbus
Mother Seton House, Inc.
Voting: 10-0
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
Nancy K. Parker and John L. Perry
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
- 42 -
Item II-J.1
APPOINTMENTS ITEM # 25788
Upon NOMINATION by Councilwoman Parker, City Council APPOINTED to the
SOUTHEASTERN PUBLIC SERVICE AUTHORITY:
Vice Mayor Meyera E. Oberndorf
(to the unexpired term of Louis R. Jones through December 31, 1988.)
Voting: 10-0
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
Nancy K. Parker and John L. Perry
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
- 43 -
Item II-J.2
APPOINTMENTS ITEM # 25789
Upon NOMINATION by Councilwoman Parker, City Council APPOINTED to the
SOUTHFASTERN VIRGINIA PLANNING DISTRICT COMMISSION:
Vice Mayor Meyera E. Oberndorf
(to the unexpired term of Louis R. Jones through June 30, 1987)
Voting: 10-0
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
Nancy K. Parker and John L. Perry
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
- 44 -
Item II-J-3
APPOINTMENTS ITEM # 25790
ADD-ON
Upon NOMINATION by Councilwoman McClanan, City Council APPOINTED to the
PLANNING COMMISSION:
Barbara J. Ferguson
(to the unexpired term of Bryan Evans, Jr. through December 31, 1989
Voting: 10-0
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
Nancy K. Parker and John L. Perry
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
- 45 -
Item I -J@. -
APPOINTMENTS ITEM # 25791
Mayor Jones advised of APPOINTMENTS to the VIRGINIA BEACH ARTS CENTER
ADVISORY COMMITTEE:
Councilman John D. Moss - Central Library
Mayor Robert G. Jones - Municipal Center
Councilwoman Nancy K. Parker - Pavilion
- 46 -
Item II-L.l.
UNFINISHED BUSINESS ITIN # 25792
ADD-ON
Upon motion by Councilman Balko, seconded by Councilman Fentress, City Council
RESCHEDULED the Ordinance upon application of RML CORPORATION for a Change of
of Zoning District Classification from R-6 Residential District to B-1 Business
Residential District.
On July 7, 1986, this Oridnnace was DEFERRED to the City Council Meeting of
August 11, 1986, which date the representing Attorney will be out of the City.
He requested this Deferral be rescheduled for August 18, 1986.
ORDINANCE UPON APPLICATION OF RML CORPORATION FOR A
CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-6
TO B-1
Ordinance upon application of RML Corporation for a
Change of Zoning District Classification from R-6
Residential District to B-1 Business-Residential
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.
Voting: 9-1
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
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:
Barbara M. Henley
Council Members Absent:
Harold Heischober
- 47 -
Item II-L.1
NEW BUSINESS ITEM # 25793
Upon motion by Councilman Moss, seconded by Vice Mayor Oberndorf, City
Council DENIED:
REQUEST FOR RECONSIDERATION NO. CC 009: Request of
Tom Adams Building Co., Inc. for WAIVER of sidewalk
requirement in the approval of John C. and Betty H.
Porter for a Change of Zoning on January 22, 1979.
Voting: 10-0
Council Members Voting kye:
Albert W. Balko, John k. Baum, Robert E. Fentress,
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:
Harold Heischober
- 48 -
Item II-L.2.
NEW BUSINFSS ITEM # 25794
ADD-ON
Attorney Wayne Souzo represented the applicant
Upon motion by Councilman Balko, seconded by Councilman Baum, City Council
AUTHORIZED:
Cost Participation Agreement with Off-Price Mall
Associates II ($404,000) for the construction of
Hilltop Loop (Southwest), CIP 2-937.
Voting: 10-0
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
Nancy K. Parker and John L. Perry
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
- 49 -
Item II-L-3
NEW BUSINESS ITEM # 25795
Upon motion by Councilwoman McClanan, seconded by Vice Mayor Oberndorf, City
Council APPROVED:
A proposed amendment to the Sign Ordinance as
follows:
1. Reduce the height of the free-standing signs
from the present 24 feet to 12 feet above
grade.
2. A minimum of 75 square feet of landscaping
around any free-standing sign shall be
required. This could include required
landscaping as per the Landscape Ordinance and
shall not minimize the effects of the
Landscape Ordinance in any way.
3. In the B-2 Zoning District, the size of the
free-standing sign from the present 125 square
feet per face shall be reduced to the 75
square feet per face.
4. Roof-mounted signs in the City shall be
PROHIBITED. The signs shall be placed on the
face of the building and not above the roof
line.
5. Signs shall not protrude or hang out into the
street
This amendment shall be scheduled for the September, 1986, Meeting of the
PLANNING COMMISSION and thereafter be EXPEDITED to City Council.
Voting: 10-0
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
Nancy K. Parker and John L. Perry
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
- 50 -
Item II-M.1
ADJOURNMENT ITEM # 25796
Upon motion by Councilman Fentress and BY ACCLAMATION City Council ADJOURNED
the Meeting at 5:48 P.M.
Beverly7O. Hooks
Chief Deputy City Clerk
1/2th HodgesKmith, CMC obert
City Clerk @mayor
City of Virginia Beach
Virginia