FEBRUARY 10, 1986 MINUTES
Cit@ C)'f NTi@@iraiEt E3@@@la
"WORLD'S LARGEST RESORT CITY"
CHY COUNCIL
MAYOR HAROLD RRISCHOBER. At
VICE-MA YOR BM S. MCLANAN, P--... A- B-gh
JOHN A. HA UM, Bi-k-@ B-gh
ArANCY A. CREECH, A, @.
ROBF-RT E. @SS V@ B..h B-gh
AARBARA M. @. P..g. B-.gh
H. JACK JENNINGS. JR.. Lv-".- B-gh
LOUIS R. JONES. By@ B-gh
ROBFRT G. JONES. At L.,g.
J. HENRY MCOY, JR., K-,.WU 8-gh
MEYERA E. OBERNDORP. At L.@g@
181 CNYHALL BUILDIVG
MUNICIPAL CE@R
RUTH HODGES SMrrH. CMC, Cly Cl-k CITY COUNCIL AGENDA VIRGINIA REACH. VIRR[NIA 23456-9"
18041427-4303
February 10, 1986
Virginia Beach City Council
ITEM I. MEETING OF VIRGINIA BEACH CITY COUNCIL - Conference Room - 1:00 PM
A. CALL TO ORDER - Mayor Harold Heischober
B. ROLL CALL OF COUNCIL
C. MOTION TO RECESS INTO EXECUTIVE SESSION
ITEM II. REGULAR SESSION OF VIRGINIA BEACH CITY COUNCIL - Council Chambers - 2:00 PM
A. INVOCATION: Reverend Kenneth R. Carbaugh
Our Savior Lutheran Churcli
B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF
AMERICA
C. ELECTRONIC ROLL CALL OF CITY COUNCIL
D. CITY MANAGER'S ADMINISTRATIVE ITEMS
1. Review of Consent Agenda
E. MAYOR/COUNCIL - DISCUSSION OF PERTINENT MATTERS
F. PROCLAMATION
1. Black Heritage Week - February 10-15, 1986
G. PRESENTATIONS
1. Resolutions in Recognition -
Community College Board:
Richard Guy
Public Library Board:
Meg Campbell
Joy Hatfield
Karen Morrow
Jack Robertson
School Board:
Susan B. Flannagan
Dr. Roy 0. Woods
H. MINUTES
1. Motion to accept/approve correction to Kinutes of January
13, 1986.
2. Motion to accept/approve the Minutes of February 3, 1986.
I. PLANNING BY CONSENT
1. Application of Auto Care Centers of America for a
conditional use permit for an auto service center located
on the northwest corner of Holland Road and Grant Avenue
(Princess Anne Borough).
Recommendation: APPROVAL
2. Application of Kramer Tire CouLpany for a conditional use
permit for an auto repair and sale, installation an@
service of tires located on the northern quadrant of the
intersection of Holland Road and Lynnhaven Parkway
(Princess Anne Borough).
Recommendation: APPROVAL
3. Application of Giant Square Shopping Center Company for a
conditional use permit for a tire, battery and accessory
stoEe at 741 Independence Boulevard (Bayside Borough).
Recomnendation: APPROVAL
4. Application of P C K Corporation for a conditional use
permit for a single-family home in AG-1 Agricultural
District at 2997 Seaboard Road (Pungo Borough).
Recommendation: APPROVAL
5. Application of Mary Susanne Knisely for a conditional use
permit for a pre-school at 1072 Old Kempsville Roa@
(Kempsville Borough).
Recommendation: APPROVAL
6. Application of Morning Star Baptist Church for a
conditional use permit for a church located on the
southeast corner of Northampton Boulevard and Pleasure
House Road (Bayside Borough).
Recommendation: APPROVAL
7. Application of Henry Kuwabara, Joan Mallen and Robert
Steinhilber for a change of zoning from 0-1 Office District
to B-3 Central-Busi,.iess District at 4456 Bonney Road
(Kempsville Borough).
Recommendation: APPROVAL
8. Application of Virginia Beach General Hospital for change
of zoning from R-4 Residential District to 0-1 Office
District located at the north side of Old Donation Parkway,
625 feet east of First Colonial Road (Lynnhaven Borough).
Recommendation: APPROVAL
J. PLANNING
1. Application of Martha Smith for a variance to Section
4.4(b) of the Subdivisio,.i Ordinance located on the north
side of Crystal Lake Circle, 170 feet north of Bay Colony
Drive (Lynnhaven Borough).
Recommendation: APPROVAL
2. Application of Dimensions, Inc. for changes of zoning on
the east side of Diamond Springs Road, 500 feet south of
Lawson Hall Key (Bayside Borough):
From R-1 Residential District to 0-1 Office District;
AND,
From R-5 Residential District to 0-1 Office District.
Recomendation: ALLOW WITHDRAWAL
3. Application of WAI, a Virginia Limited Partnership for a
change of zoning from R-5 Residential District to B-4
Resort-Commercial District located on the north side of
Owl's Creek Lane, 800 feet east of Gregory's Lane
(Lynnhaven Borough).
Recommendation: DENIAL
4. Application of W. T. Brown and Associates for a e of
zoning from A-1 Apartment District to A-2 Apartment
istrict at 2548 Oconee Avenu (Lynnhaven Borough),
Recommendation: DENIAL
5. Application of Great Neck Village Associates, a General
Partnership for a change of zoning from B-2 Community-
Business District to located 710
feet east of N. Great Neck Road, 600 feet south of Mill Dam
Road (Lynnhaven Borough).
Recommendation: APPROVAL
6. Application of Oglesby-Arnhold Realty, Limited for changes
of zoning (Princess Anne Borough):
From R-5 Residential District to PD-H2 Planned Unit
Development District on a 117.9-acr group of parcels
located on the norfh- and south sides of Holland Road, 310
feet, more or less, east of Delft Drive;
AND,
From AG-1 Agricultural District to R-5 Residential District
on a 3.4_acre parcel locat 600 eet north of Princess
Anne Road, 4,400 feet, more or less, west of North Landing
Road;
AND,
From AG-2 Agricultural District to R-5 Residential District
ori an 11.3-acre parcel located on the north side of
Princess Anne Road, 4,480 feet west of North Landing Road.
Recommendation: APPROVAL
DEFERRED December 16, 1985
7. Application of Oglesby-Arnhold Realty, Limited for es
of z (Princess Anne Borough):
From AG-1 Agricultural District to B-1 Business-Residential
District on a 17,424-square foot parcel located 600 feet
north of Princess Anne Road, 4,100 feet, more or less, west
of North Landing Road;
AND,
From AG-2 Agricultural District to B-1 Business-Residential
District on 3.9-acre parcels loca ed on the north side of
Princess Anne Road, 4,170 feet, more or less, west of North
Landing Road.
Recommendation: DENIAL
DEFERRED December 16, 1985
8. Ordinance to amend and reordain Section 4.5 of the
Subdivision Ordinance pertaining to Public Sites and Open
Spaces.
Recommendation: APPROVAL
DEFERRED February 3, 1986
K. RESOLUTION/ORDINANCE
1- Resolution setting forth the policy of the City of Virginia
Beach in regard to exte@ision of the Public Water and/or
Sewer Systems into areas of the City developed prior to the
availability thereof.
2. Ordinance to amend and reordain Sections 37-7.1, 37-7.2,
37-9, 37-10, 37-11, and 37-12 and repeal Section 37-8 t:o
the Code of the City of Virginia Beach, Virginia,
pertaining to Water Lines Fees.
L. CONSENT AGENDA
All matters listed under the Consent Agenda are considered in
the ordinary course of business by City Council and will be
enacted by one motion in the for-M listed. If an item is
removed from the Consent Agenda, it will be discussed and voted
upon separately.
1. ReS61utions in Recognition -
Community College Board:
Richard Guy
Public Library Board:
Meg Campbell
Joy Hatfield
Karen Morrow
Jack Robertson
School Board:
Susan B. Flannagan
Dr. Roy 0. Woods
2. Ordinance to add a new section to Chapter 2 of the Code of
the City of Virginia Reach to a,thori,e and direct the
Finance Director to issue petty cash fund advances to
departments and agencies of the City.
3. Ordinance to amend and reordafn Chapter 2 of t:he Code of
the City of Virginia Beach, Virginia, by adding Section 2-
425 pertaining to background investigations of the
applicants for certification.
4. Ordinance upon SFCOND READING to accept and appropriate
$40,272 from State Funding to the Community Services Board
and to establish two positions for a Day Treatment Program
for Emotionally Disturbed Children.
5. Ordinance to upon FIRST READING accept $37,000 from the
Department of Corrections and to appropriate these funds to
the Co=unity Diversion Incentive Program Expansion.
6. Ordinance to transfer funds of $565.00 from the Gener,]
Fund's Reserve for contingencies to the Police Chief's
Division for reimbursement of legal expenses incurred by a
City Employee in the performance of his duties.
7. Ordinance to transfer $50,000 from Project #2-823 Salem
Canal to Project #2-036 Master Street and Highway Plan for
right-of-way acquisition of Resort Development's property
London Bridge Road and Harpers Road.
8. Ordinance to transfer appropriations for repairing
Lynahaven Municipal Marina.
9. Ordinance to authorize a temporary encroachment irito a
portion of the right-of-way of Atlantic Boulevard to J.
Carr Dorman and Margaret H. Dorman, their heirs, assigns
and successors in title.
10. Ordinance appointing Viewers in the petition of Gary Baird
for a portion of Weber Avenue.
11. Raffle Permit:
Crescent Bay Pony Cl@b
M- UNFINISHED BUSINESS
1. Ordinance to AMEND the MASTER STREET AND HIGHWAY dated
December 16, 1974, pertaining to the realignment of Ferrell
Parkway and Princess Anne Road north of the Municipal
Center, (Realignment of Indian River Road and Elbow Road).
Councilman Fentress to sponsor Howard Everton,
President, Stumpy Lake Civic League
N. NEW BUSINESS
1. Left-Turn Lane on Seaboard Road at Foxfire Subdivision:
Requested by Councilman John Ba.
2. Loss of Surfing Area at Camp Pendletorl:
Presentation By: Mr. Henry Ruiz,
Resort Area Advisory Commission Office
3. Atlantic Avenue Improvements: Discussion
0. ADJOURNMENT
FY 1986-1987 OPERATING BUDGET SCHEDULE
April 1 Special Session of City Council for
Presentation 12 Noon
April 1-16 City Council's Review
April 17 Budget Workshop - Conference Room
4:00 - 7:00 PM
April 22 Budget Workshop - Conference Room
4:00 - 7:00 PM
April 29 PUBLIC HEARING - Pavilion
7:00 Pm
May 8 Budget Reconciliation Workshop -
Conference Room - 4:00 - 7:00 PM
May 12 PUBLIC HEARING and FIRST READING
of Appropriation Ordinance -
Council Chambers - 2:00 PM
May 15 SECOND READING of Appropriation Ordinance
Council Chambers 12: Noon
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
February 10, 1986
The Regular Meeting of the Council of the City of Virginia Beach, Virginia,
was called to order by Mayor Heischober in the Conference Room, City Hall
Building, on Monday, February 10, 1986, at 1:00 P.M.
Council Members Present:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Reischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S.
Council Members Absent:
Meyera E. Oberndorf (Entered: 1:05 P.M.)
- 2 -
ITEM # 24925
Mayor Heischober entertained a motion to permit Council to conduct its
EXECUTIVE SESSION pursuant to Section 2.1-344, Code of Virginia, as
amended, for the following purposes:
1. PERSONNEL HATTERS: Discussion of employment, assignment, appointment,
promotion, performance, demotion, salaries, disciplining or
resignation of public officers, appointees or employees.
2. PUBLICLY HELD PROPERTY: Discussion or consideration of the condition,
acquisition or use of real property for public purpose, or of the
disposition of publicly held property, or of plans for the future of
an institution which could affect the value of property owned or
desirable for ownership by such institution.
3. LEGAL MATTERS: Consultation with legal counsel or briefings by staff
members, consultants or attorneys, pertaining to actual or potential
litigation, or other legal matters within the jurisdiction of the
pubiic body.
Upon motion by Councilman Jennings, seconded by Councilman Louis Jones,
City Council voted to proceed into EXECUTIVE SESSION.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
Meyera E. Oberndorf (Entered: 1:05 P.M.)
- 3 -
R E G U L A R S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
February 10, 1986
2:00 P.M.
Mayor Heischober called to order the Regular Session of the Virginia
Beach City Council in the Council Chambers, City Hall Building, on
Monday, February 10, 1986, at 2:00 P.M.
Council Members Present:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S. and Meyera E. Oberndorf
Council Members Absent:
None
INVOCATION: Reverend Kenneth R. Carbaugh
Our Saviour Lutheran Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
- 4 -
CITY MANAGER'S ADMINISTRATIVE ITEMS
Item II-D.1
CONSENT AGENDA ITEM # 24926
The City Clerk referenced an Ordinance to authorize a temporary
encroachment into a portion of the right-of-way of Atlantic Boulevard to J.
Carr Dorman and Margaret H. Dorman, their heirs, assigns and successors in
title. (See Item II-N.9 of the Consent Agenda).
There is a speaker in OPPOSITION to tbis item. This item will be pulled
for a separate vote.
F
- 5 -
MAYOR/COUNCIL - DISCUSSION OF PERTINENT MATTER
Item II-E.1 ITEM # 24927
Councilman Robert Jones referenced the application of GREAT NECK VILLAGE
ASSOCIATES, A GENERAL PARTNERSHIP, for a Change of Zoning from B-2
Community-Business District to A-2 Apartment District located 710 feet east
of North Great Neck Road, 600 feet south of Mill Dam Road (Lynnhaven
Borough). (See Item II-J.5 of the Planning Agenda).
Attorney R. J. Nutter had requested DEFERRAL as their representative
Attorney, Grover Wright, was ill.
This DEFERRAL will also enable the applicant to confer with the GREAT NECK
ASSOCIATION OF CIVIC LEAGUES concerning their petition.
- 6 -
Item II-E.2
ANNOUNCEMENT ITEM # 24928
Mayor Heischober recognized William Howell, Director of General Services,
and Pauline A. Mitchell, Director of News and Information Services, of
CHESTEP,FIELD COUNTY.
They are in attendance to observe the proceedings of the Virginia Beach
City Council.
7
Item II-F.1
PROCLAMATION ITEM 24929
Mayor Heischober PROCLA@ the week of February 10-15, 1986:
BLACK HERITAGE WEEK
This PROCLAMATION was ACCEPTED by Ernest Benson, Vice Chairman, Citizens
Advisory Committee and Charles W. Lane, President, Pemborke Mall Merchants
Association.
This PROCLAMATION recognized the contribution of Blacks to the enrichment
of life in Virginia Beach. All citizens are urged to take proper note of
this observance and its significance to the Black residents in our
community.
February 10, 1986
- 7a -
10
rortamattan
WHEREAS, Blacks make up the largest percentage of the ethnic population in
Virginia Beach; and
WHEREAS, Blacks have contributed greatly to the enrichment of life in what
was Princess Anne County, and Blacks are valued citizens of Virginia Beach; and
WHEREAS, the Citizen Advisory Committee was created by the City Council of
Virginia Beach to restore and preserve Black culture, identity, and properties.
NOW, THEREFORE, I, Harold Heischober, Mayor of the City of Virginia Beach,
do hereby proclaim the week of February 10-15, 1986 as
BLACK HERITAGE WEEK
in Virginia Beach and urge all citizens to take proper note of this observance
and its significance to the Black residents in our community.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the
City of Virginia Beach to be affixed this tenth day of February, nineteen hundred
and eighty-six.
H@rold Hei's-&hober
Mayor
- 8 -
Item II-G.la
PRESENTATION ITEM # 24930
Mayor Heischober PRESENTED a RFSOLUTION IN RECOGNITION to:
Richard Guy
Community College Board
This Resolution recognized Richard Guy's dedication and unselfish service
as a member of the Tidewater Community College Board from January 3, 1969,
through June 30, 1985.
9
Item II-G.l.b
PRESENTATIONS ITEM 24931
Mayor Heischober PRESENTED RESOLUTIONS IN RECOGNITION to:
Meg Campbell
Joy Hatfield
Karen Morrow
Jack Robertson
These RESOLUTIONS recognized their dedication and unselfish service as
Members of the Public Library Board.
Marcy Sims, Director of Libraries, ACCEPTED in behalf of Joy Hatfield and
Karen Morrow.
10 -
Item II-G.I.c
PRESENTATIONS ITEM 24932
Mayor Heischober PRESENTED RESOLUTIONS IN RECOGNITION to:
Susan B. Flanagan
Dr. Roy 0. Woods
These Resolutions recognized Mrs. Flanangan's dedication and unselfisb
service as a Member of the School Board from January 1, 1983, through
December 31, 1985, as well as Dr. Wood's niueteen years of dedication and
unselfish service from June 27, 1966, through December 31, 1985.
Item II-G.I.d
PRESENTATIONS ITEM 24933
Mayor Heischober PRESENTED a RESOLUTION IN RECOGNITION to:
Meyera E. Oberndorf
Southeastern Virginia Planning District Commission
This Resolution recognized Councilwoman Oberndorf's unselfish and dedicated
service as a Member of the Southeastern Virginia Planning District
Commission from July 1, 1976, through June 30, 1985, and held the position
of Chairman from 1982 - 1984.
- 12 -
Item II-H.1
MINUTES ITEM # 24934
Upon motion by Councilwoman Creech, seconded by Councilman McCoy, City
Council APPROVED the Correction to the Minutes of January 13, 1986:
Page 22 - ITEM # 24796 - Item II-J.6
ORDINANCE UPON APPLICATION OF CARL J. WARD FOR A
CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-8
to A-3* Z01861055
Condition Number I shall correctly read as follows:
1. *A deed restriction of 16 units per-mere total
shall be submitted.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Robert
G. Jones, Louis R. Jones, Vice Mayor Reba S. McClanan, J.
Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
- 13 -
Item II-H.2
MINUTES ITEM # 24935
Upon motion bycouncilwoman Creech, seconded by Councilman McCoy, City
Council APPROVED the Minutes of February 3, 1986.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Robert
G. Jones, Louis R. Jones, Vice Mayor Reba S. McClanan, J.
Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
- 14 -
Item II-I.
PLANNING - BY CONSENT ITEM # 24936
Upon motion by Councilman Louis Jones, seconded by Councilman Fentress,
City Council APPROVED in one NOTION Items II-I.1, 2, 3, 4, 5, 6, 7, and 8
of the PLANNING BY CONSENT AGENDA.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S. and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
F
- 15 -
Item II-I.l.
PLANNING BY CONSENT ITEM # 24937
Upon motion by Councilman Louis Jones, seconded by Councilman Fentress,
City Council ADOPTED an Ordinance upon application of AUTO CARE CENTERS OF
AMERICA for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF AUTO CARE CENTERS OF
AMERICA FOR A CONDITIONAL USE PERMIT FOR AN AUTO
SERVICE CENTER R0286810
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA
Ordinance upon application of Auto Care Centers of
America for a Conditional Use Permit for an
automobile service center at the northwest corner
of Holland Road and Grant Avenue on Lots 1-20,
Block 4, Pecan Gardens. Said parcel contains 51,000
square feet. PRINCESS ANNE BOROUGH.
The following condition shall be required:
1. No additional curb cuts are to be permitted on Holland Road.
The OWNER or LEGAL REPRESENTATIVE for the Owner, has reviewed the condition
for APPROVAL and has signed a STATEMENT OF CONSENT. Said STATEMENT OF
CONSENT is hereby made a part of the proceedings.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Tenth day of February, Nineteen Hundred and Eighty-six.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S. and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
- 15a -
STATEMENT OF CONSENT
APPLICANT: Auto Care Centers of America
APPLICATION: Conditional Use Permit
DESCRIPTION: Automobile Service Center
CITY COUNCIL SESSION: February 10, 1986
THE UNDERSIGNED OWNER OR LEGAL REPRESENTATIVE FOR THE OWNER,
(or Agent for the Owner), HAS REVIEWED THE CONDITIONS FOR APPROVAL
(REQUIRF14ENTS) RECOMMENDED BY THE VIRGINIA BEACH PLANNING COMMISSION
TO THE VIRGINIA BEACH CITY COUNCIL FOR AFFIRMATIVE ACTION ON THIS
DATE AS THEY APPLY TO THE REFERENCED APPLICATION FOR AMENDMENT To THE
ZONING MAP OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AND HEREBY
ACCEPTS AND AGREES TO:
1. No additional curb cuts are to be permitted on Holland
Road.
A,3, o c@ @rc@ oF 4k@r- A.
/C /)
@er
By:
Owner/Attorn
Date:
- 16 -
Item II-I.2
PLANNING BY CONSENT ITEM # 24938
Upon motin by Councilman Louis Jones, seconed by Councilman Fentress, City
Council ADOPTED an Ordinance upon application of KRANEP, TIRE COMPANY,
INCORpORATED for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF KRAMER TIRE COMPAN-I
FOR A CONDITIONAL USE PERMIT FOR AN AUTOMOBILE
REPAIR (SALE, INSTALLATION AND SERVICE OF TIRES)*
R0286811
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA
Ordinance upon application of Kramer Tire Company,
Incorporated, for a Conditional Use Permit for
--and
serv+ee --- of --- tfres automobile repair (sale,
installation and service of tires)* on certain
property located at the northern quadrant ot the
intersection of Holland Road and Lynnhaven Parkway.
Said parcel contains 37,000 square feet. Plats
with more detailed information are available in the
Department of Planning. PRINCESS ANNE BOROUGH.
The following condition shall be required:
1. A 10-foot dedication of right-of-way along the frontage on
Lynnhaven Parkway to provide for an ultimate 110-foot
right-of-way as per the Master Street and Highway Plan.
*Vice Mayor McClanan corrected the verbage contained in said Ordinance.
The OWNER or LEGAL REPRESENTATIVE for the Owner, has reviewed the condition
for APPRVOAL and has signed a STATEMENT OF CONSENT. Said STATEMENT OF
CONSENT is hereby made a part of the proceedings.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Tenth day of February, Nineteen Hundred and Eighty-six.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis
R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J.
Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
- 16a -
STATEMENT OF CONSENT
APPLICANT: Kramer Tire Company
APPLICATION: Conditional Use Permit
DESCRIPTION: Auto Repair and Sale, Installation and
Service of Tires
CITY COUNCIL SESSION: February 10, 1986
THE UNDERSIGNED OWNER OR LEGAL REPRESENTATIVE FOR THE OWNER,
(or Agent for the Owner), HAS REVIEWED THE CONDITIONS FOR APPROVAL
(REQUIREMENTS) RECOMMENDED BY THE VIRGINIA BEACH PLANNING COMMISSION
TO THE VIRGINIA BEACH CITY COUNCIL FOR AFFIRMATIVE ACTION ON THIS
DATE AS THEY APPLY TO THE REFERENCED APPLICATION FOR AMENDMENT TO THE
ZONING MAP OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AND HEREBY
ACCEPTS AND AGREES TO:
1. A 10-foot dedication of right-of-way along the frontage
on Lynnhaven Parkway to provide for an ultimate 110-foot
right-of-way as per the Master Street and Highway Plan.
Owner
By:
Date:
1 7
Item II-I.3
PLANNING BY CONSENT ITEM 24939
Upon motion by Councilman Louis Jones, seconded by Councilman Fentress,
City Council ADOPTED an Ordinance upon application of GIANT SQUARE SHOPPING
CENTER COI]PANY for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF GIANT SQUARE SHOPPING
CENTER COMPANY FOR A CONDITIONAL USE PEELMIT FOR A
TIRE, BATTERY AND ACCESSORY STORE R0286812
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA
Ordinance upon application of Giant Square Shopping
Center Company for a Conditonal Use Permit for a
tire, battery and accessory store on the west side
of Independence Bouelvard, 151.75 feet south of
South Witchduck Road. Said parcel is located at
741 Independence Boulevard and contains 12.32
acres. Plats with more detailed information are
available in the Department of Planning. BAYSIDE
BOROUGH.
This Ordinance shallbe effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Tenth day of February, Nineteen Hundred and Eighty-six.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S. and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
- 18 -
Item II-1.4.
PLANNING BY CONSENT ITEM # 24940
Upon motion by Councilman Louis Jones, seconded by Councilman Fentress,
City Council ADOPTED an Ordinance upon applciation of P C K CORPORATION for
a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF P C K CORPORATION FOR
A CONDITIONAL USE PERMIT FOR A SINGLE FAMILY HOME
R0286813
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA
Ordinance upon application of P C K Corporation for
a Conditional Use Permit for a single family home
in the AG-1 Agricultural District on certain
property located 600 feet north of Indian River
Road beginning at a point 2400 feet west of
Princess Anne Road. Said parcel is located at 2997
Seaboard Road and contains 60 acres. Plats with
more detailed information are available in the
Department of Planning. PRINCESS ANNE BOROUGH.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Tenth day of February, Nineteen Hundred and Eighty-six.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Robert G.
Jones, Louis R. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S. and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
- 19 -
Item II-I.5
PLANNIliG BY CONSENT ITEM # 24941
Upon motion by Councilman Louis Jones, seconded by Councilman Fentress,
City Council ADOPTED an Ordinance upon application of MARY SUSANNE KNISELY
for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF MARY SUSANNE KNISELY
FOR A CONDITIONAL USE PERMIT FOR A PRE-SCHOOL
R0286814
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA
Ordinance upon application of Mary Susanne Knisely
for a Conditional Use Permit for a pre-school at
the northeast corner of Kempsville Road and Alton
Road. Said parcel is located at 1072 Old
Kempsville Road and contains 2.5 acres. Plats with
more detailed information are available in the
Department of Planning. KEMPSVILLE BOROUGH.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Tenth day of February, Nineteen Hundred and Eighty-six.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S. and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
- 20 -
Item II-I.6
PLANNING BY CONSENT ITEM # 24942
Upon motion by Councilmau Louis Jones, seconded by Councilman Fentress,
City Council ADOPTED an Ordinance upon application of MORNING STAR BAPTIST
CHURCH for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF MORNING STAR BAPTIST
CHURCH FOR A CONDITIONAL USE PERMIT FOR A CHURCH
R0286815
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA
Ordinance upon application of Morning Star Baptist
Church for a Conditional Use Permit for a church
and related facilities at the Southeast
intersection of Northampton Boulevard and Pleasure
House Road. Said parcel contains 1.336 acres.
Plats with more detailed information are available
in the Department of Planning. BAYSIDE BOROUGH.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Tenth day of February, Nineteen Hundred and Eighty-six.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S. and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
- 21 -
Item II-1.7
PLANNING BY GONSENT ITEM # 24943
Upon motion by Councilman Louis Jones, seconded by Councilman Fentress,
City Council ADOPTED an Ordinance upon application of HENRY KUWABAR-A, JOAN
MALLEM AMD ROBER.T STEINHILBER for a Change of Zoning:
ORDINANCE UPON APPLICATION OF HENRY KUWABARA, JOAN
MALLEN AND ROBERT STEINHILBER FOR A CHANGE OF
ZONING DISTRICT CLASSIFICATION FROM 0-1 TO B-3
Z02861060
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA
Ordinance upon application of Henry Kuwabara, John
Mallen and Robert Steinhilber for a Change of
Zoning District Classificaion from 0-1 Office
District to B-3 Central-Business District on the
north side of Bonney Road, 1000 feet more or less
west of Bendix Road. Said parcel is located at
4456 Bonney Road and contains 2.47 acres. Plats
with more detailed information are available in the
Department of Planning. KEMPSVILLE BOROUGH.
tbis Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virignia, on the
Tenth day of February, Nineteen Hundred and Eighty-six.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S. and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
February 10, 1986
- 22 -
Item II-I.8
PLANNING BY CONSElff ITEM # 24944
Upon motion by Councilman Louis Jones, seconded by Councilman Fentress,
City Council ADOPTED an Ordinance upon application of VIRGINIA BEACH
G HOSPITAL for a Change Of Zoning:
ORDINANCE UPON APPLICATION OF VIRGINIA BEACH
GENERAL HOSPITAL FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM R-4 TO 0-1 Z02861061
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA
Ordinance upon application of Virginia Beach
General Hospital for a Change of Z ning District
Classification from R-4
Office District on certain property located on the
north side of Old Donation Parkway Extended
beginning at a point 625.48 feet east of First
Colonial Road. Said parcel contains 2.075 acres.
Plats with more detailed information area available
in the Department of Planning. LYNNHAVEN BOROUGH.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Tenth day of Februarv. Nineteen Hundred and Eighty-six.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr. , Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S. and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
- 23 -
Item II-J.1
PLANNING ITEM # 24945
Attorney Robert Cromwell represented the applicant
Upon motion by Councilman Jennings, seconded by Councilman Fentress, City
Council APPROVED the application of MARTHA SMITH for a Variance to Section
4.4(b) of the Subdivision Ordinance:
Appeal from Decisions of Administrative Officers in
regard to certain elements of the Subdivision
Ordinance, Subdivision for Martha Smith. Property
is located on the north side of Crystal Lake
Circle, 170 feet more or less north of Bay Colony
Drive. Plats with more detailed information are
available in the Department of Planning. LYNNHAVEN
BOROUGH.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S. and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
- 24 -
Item II-J.2
PLANNING ITEM # 24946
Walter Monahan, represented the applicant and requested WITHDRAWAL
Robert Galewski, represented C.A.I.R., was not in OPPOSITION to the
WITHDRAWAL but wished to discuss with the applicants some moderate
density increase.
Upon motion by Councilman Louis Jones, seconded by Councilman Fentress,
City Council ALLOWED WITHDRAWAL of Ordinances upon application of
DIMENSIONS, INC. for Changes of Zoning:
ORDINANCE UPON APPLICATION OF DIMENSIONS, INC. FOR
A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-1
TO 0-1
Ordinance upon application of Dimensions, Inc., for
a Change of Zoning District Classification from R-1
Residential District to 0-1 Office District on the
east side of Diamond Springs Road, 500 feet more or
less south of Lawson Hall Key on Lots 1-12 and part
of Lot 13, Section 6, Wesleyan Pines. Said parcel
contains 12.84 acres. BAYSIDE BOROUGH.
A N D,
ORDINANCE UPON APPLICATION OF DIMENSIONS, INC., FOR
A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-5
TO 0-1
Ordinance upon application of Dimensions, Inc., for
a Change of Zoning District Classification from R-5
Residential District to 0-1 Office District on the
east side of Diamond Springs Road, 1360 feet more
or less south of Lawson Hall Key on Part of Lot 13
and Lot 14, Section 6, Wesleyan Pines. Said parcel
contains 1.16 acres. BAYSIDE BOROUGH.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Mayor Harold Heischober,
Barbara M. Henley, Robert G. Jones, Louis R. Jones, Vice Mayor
Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Abstaining:
Nancy A. Creech and H. Jack Jennings, Jr.
Council Members Absent:
None
- 25 -
Item II-J.3.
PLANNING ITEM # 24947
Attorney David A. Miller represented the applicant
OPPOSITION:
Curtis Maddin, represented the Seatack Civic League
LCDR Petrie, NAS Oceana, referenced the application lies within the AICUZ
area.
David S. Whitehurst, resident of Owls Creek Lane
Nathanial Tucker, represented Seatack and surrounding area Civic League
Rosa Lee Norman, represented Seatack Civic League
The City Clerk referenced letter of January 13, 1986, from Captain L. F.
Norton, U.S. Navy, referencing this parcel lies within the AICUZ Zone III
Upon motion by Councilman Jennings, seconded by Councilwoman Oberndorf,
City Council DENIED an Ordinance upon application of WAI, a Virginia
Limited Partnership for a Change of Zoning:
ORDINANCE UPON APPLICATION OF WAI, a VIRGINIA
LIMITED PARTNERSHIP, FOR A CHANGE OF ZONING
DISTRICT CLASSIFICATION FROM R-5 TO B-4 (SEATACK
TARGET AREA)
Ordinance upon application of WAI, a Virginia
Limited Partnership, for a Change of Zoning
District Classification from R-5 Residential
District to B-4 Resort-Commercial District 0
certain property located on the north side of Owl's
Creek Lane, 800 feet more or less east of Gregory's
Lane. Said parcel contains 2.68 acres. Plats with
more detailed information are available in the
Department of Planning. LYNNHAVEN BOROUGH.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Robert G.
Jones, Louis R. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S. and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
- 26 -
Item 11-J.4
PLANNING ITEM # 24948
The City Clerk referenced letter from Captain L. F. Norton, Oceana,
advising said application lies within the AICUZ Noise Zone Three.
Upon motion by Councilman Jennings, seconded by Councilwoman Oberndorf,
City Council DENIED an Ordinance upon application of W. T. BROWN AND
ASSOCIATES for a Change of Zoning:
ORDINANCE UPON APPLICATION OF W. T. BROWN &
ASSOCIATES FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM A-1 TO A-2
Ordinance upon application of W. T. Brown &
Associates for a Change of Zoning District
Classification from A-1 Apartment District to A-2
Apartment District on the north side of Oconee
Avenue, 80 feet west of Hutton Road. Said parcel
is located at 2548 Oconee Avenue and contains 3.45
acres. Plats with more detailed information are
available in the Department of Planning. LYNNHAVEN
BOROUGH.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Mayor Harold Heischober,
Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert
G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr.,
D.D.S. and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech
- 27 -
Item II-J.5
PLANNING ITE,@L # 24949
Attorney R. J. Nutter requested DEFERRAL as the Attorney for the applicant,
Grover Wright, was ill.
Attorney William Wahab represented the Great Neck Association of Civic
Leagues and referenced their Opposition to said applications but was not
in OPPOSITION to the DEFERRAL and requested the City authorities inves-
tigate the graveyard on this site concerning the size of same. Mr.
Wahab had the individuals in opposition stand.
The City Clerk referenced letters from Jane F. Addenbrook and Gayle
Maclaren, President, Great Neck Meadows Civic League, in OPPOSITION to
said application. (Said letters are hereby made a part of the record).
Upon motion by Councilman Robert Jones, seconded by Councilman Fentrss,
City Council DEFERRED until the City Council meting of March 24, 1986, an
Ordinance upon application of GREAT NECK VILLAGE ASSOCIATFS, A GENERAL
PARTNERSHIP for a Change of Zoning:
ORDINANCE UPON APPLICATION OF GREAT NECK VILLAGE
ASSOCIATES, A GENERAL PARTNERSHIP, FOR A CHANGE OF
ZONING DISTRICT CLASSIFICATION FROM B-2 TO A-2
Ordinance upon application of Great Neck Village
Associates, a General Partnership, for a Change of
Zoning District Classification from B-2
Community-Business District to A-2 Apartment
District on certain property located 710 feet east
of North Great Neck Road beginning at a point 600
feet south of Mill Dam Road as shown on the plat
entitled "Subdivision of Property for Great Neck
Village Shopping Center" on file in the Department
of Planning. Said parcel contains 5.097 acres.
LYNNHAVEN BOROUGH.
Councilman Robert Jones requested tbe applicants and the Members of the
Civic League meet for discussions prior to this application returning to
City Council. He also requested the City Staff address the concerns of the
access into the property as it appears only from First Colonial Road and a
clarification of the traffic counts on First Colonial Road.
Councilman Baum also requested the staff provide better maps concerning the
amount of floodway and lowlands. He expressed tbe hope the real size of
the graveyard will be determined as many of the rural graves were unmarked.
Councilman Louis Jones requested Attorney Nutter to determine whether there
is an easement or access to this graveyard.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Mayor Harold Heischober,
Barbara M. Henley, Louis R. Jones, Robert G. Jones, Vice Mayor
Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Abstaining:
H. Jack Jennings, Jr.
Council Members Absent:
Nancy A. Creech
- 28 -
Item II-J.6 & J.7
PLANNING ITEM # 24950
Attorney Robert Cromwell represented the application and requested
WITHDRAWAL of Applications for Changes of Zoning from R-5 to PD-H2,
AG-1 to B-1 and AG-2 to B-1.
Upon motion by Vice Mayor McClanan, seconded by Councilman Baum, City
Council ADOPTED Ordinances upon application of OGLESBY-ARNHOLD REALTY,
LIMITED for Changes of Zoning:
OOINANCE UPON APPLICATION OF OGLESBY-ARNHOLD
REALTY, LIMITED FOR A CHANGE OF ZONING FROM AG-1 TO
R-5 Z02861062
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA
An Ordinance upon application of Oglesby-Arnhold
Realty Ltd., for a Change of Zoning District
Classification from AG-1 Agricultural District to
R-5 Residential District on certain property
located 600 feet north of Princess Anne Road, 4400
feet more or less west of North Landing Road. Said
parcel contains 3.4 acres. Plats with more
detailed information are available in the
Department of Planning. PRINCESS ANNE BOROUGH.
A N D,
ORDINANCE UPON APPLICATION OF OGLESBY-ARNHOLD
REALTY LTD., FOR A CHANGE OF ZONING DISTRICT
CLASSFICATION FROM AG-2 TO R-5 Z02861063
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA
Ordinance upon application of Oglesby-Arnhold
Realty Ltd., for a Change of Zoning District
Classification from AG-2 Agricultural District to
R-5 Residential District on certain property
located on the north side of Princess Anne Road,
4480 feet west of North Landing Road. Said parcel
contains 11.3 acres. Plats with more detailed
information are available in the Department of
Planning. PRINCESS ANNE BOROUGH.
The following conditions shall be required:
1. The total number of units shall not exceed 341 and the maximum
height for the high density multi-family sections shall be
limited to 35 feet.
Prior to the changing of the official zoning maps, the following conditions
shall be met:
2. A variable width dedication of right-of-way along the frontage on
Holland Road to provide for an ultimate 90-foot right-of-way as
per the Master Steet and Highway Plan and in accordance with the
aligriment shown on the Courthouse Circulation Plan on file with
the City Engineer's Office.
3. A variable width dedication of right-of-way with controlled
access and scenic easements along the frontage on Princess Anne
Road/Ferrell Parkway as per the Master Street and Highway Plan
and in accordance with the Courthouse Circulation Plan on file
with the City Engineer's Office.
- 29 -
Item II-J.6 & J.7
PLANNING ITEM # 24950 (Continued)
These Ordinances shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Tenth day of February, Nineteen Hundred and Eighty-six.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Mayor Harold Heischober,
Barbara M. Henley, Louis R. Jones, Robert G. Jones, Vice Mayor
Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Abstaining:
H. Jack Jennings, Jr.
Council Members Absent:
Nancy A. Creech
- 30 -
Item II-J.6 & J.7
PLANNING ITEM # 24950 (Continued)
Upon motion by Vice Mayor McClanan, seconded by Councilman Baum, City
Council ALLOWED WITHDRAWAL of Ordinances upon application of
OGLESBY-ARNHOLD REALTY, LIMITED for Changes of Zoning:
ORDINANCE UPON APPLICATION OF OGLESBY-ARNHOLD
REALTY LTD., FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM R-5 TO PD-H2
Ordinance upon application of Oglesby-Arnhold
Realty Ltd., for a Change of Zoning District
Classification from R-5 Residential District to
PD-H2 Planned Unit Development District on certain
parcels located on the north and south side of
Holland Road, 310 feet more or less east of Delft
Drive. Said parcels contain 117.9 acres. Plats
with more detailed information are available in the
Department of Planning. PRINCESS ANNE BOROUGH.
A N D,
ORDINANCE UPON APPLICATION OF OGLESBY-ARNHOLD
REALTY LTD., FOR A CHANGE OF ZONING DISTRICT
CLASSFICATION FROM AG-1 TO B-1
Ordinance upon application of Oglesby-Arnhold
Realty Ltd., for a Change of Zoning District
Classification from AG-1 Agricultural District to
B-1 Business-Residential District on certain
property locatd 600 feet north of Princess Anne
Road, 4100 feet more or less west of North Landing
Road. Said parcel contains 17,424 square feet more
or less. Plats with more detailed information are
available in the Department of Planning. PRINCESS
ANNE BOROUGH.
A N D,
ORDINANCE UPON APPLICATION OF OGLESBY-ARNHOLD
REALTY LTD., FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM AG-2 TO B-1
Ordinance upon application of Oglesby-Arnhold
Realty, Ltd., for a Change of Zoning District
Classification from AG-2 Agricultural District to
B-1 Business-Residential District on certain
parcels located on the north side of Princess Anne
Road, 4170 feet more or less west of North Landing
Road and on a parcel located 483 feet north of
Princess Anne Road, 4170 feet more or less west of
North Landing Road. Said parcels contain 3.9 acres.
Plats with more detailed information are available
in the Department of Planning. PRINCESS ANNE
BOROUGH.
31 -
Item II-J.6 & J.7
PLANNING ITEM 24950 (Continued)
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Mayor Harold Heischober,
Barbara M. Henley, Louis R. Jones, Robert G. Jones, Vice Mayor
Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Abstaining:
H. Jack Jennings, Jr.
Council Members Absent:
Nancy A. Creech
- 32 -
Item II-J.8
PLANNING ITEM # 24951
Upon motion by Councilman Louis Jones, seconded by Councilman McCoy, City
Council ADOPTED:
Ordinance to amend and reordain Section 4.5 of the
Subdivision Ordinance pertaining to Public Sites
and Open Spaces
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Mayor Harold Heischober,
Barbara M. Henley, Louis R. Jones, Robert G. JoneE&, Vice Mayor
Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech and H. Jack Jennings, Jr.
*Verbal Aye
- 32a -
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 4.5 OF THE SUBDIVISION
ORDINANCE PERTAINING TO PUBLIC SITES
AND OPEN SPACES
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 4.5, Public sites and open spaces, of the
Subdivision ordinance be amended and reordained in its entirety
to read as follows:
Section 4.5. Public sites and open spaces.
It is required that residential developers meet the
following recreational open space requirements to serve the
residents of their developments:
(a) The developer shall reserve within his subdivision
a parcel of land for open space and recreational
purposes according to the following rates:
% of Total Land
Lots Size Required for
Open Space
Less than 5,000 sq. ft. 15%
5,000 sq. ft. - 7,499 sq. ft. 12%
7,500 sq. ft. - 9,999 sq. ft. 10%
10,000 sq. ft. - 14,999 sq. ft. 8%
15,000 sq. ft. - 19,999 sq. ft. 7%
20,000 sq. ft. - 29,999 sq. ft. 6%
30,000 sq. ft. - 39,999 sq. ft. 5%
greater than 40,000 sq. ft. 3%
However, in subdivisions where the resulting area to
be reserved for recreational purposes would be less than twe
f2* one-half (1/2) acres, and would serve no useful public
purpose, the director of planning may waive the open space
requirements.
(b) As an alternative to the requirement in (a) above,
if mutually agreed to by the city and the
developer, the developer may elect to meet the
recreational open space requirement by one of the
fei+ewing methods listed below. However, in
subdivisions where the resulting area to be
reserved for recreational purposes serves no useful
public purpose, the city council may waive the open
space requirements.
(1) The developer may dedicate at no cost to the
city a parcel of land equal in size to
one-half the area derived from (a) above.
(2) The developer may dedicate at no cost to the
city a parcel of land lesser in size than
one-half the area derived from (a) above,
provided that he also installs facilities or
other improvements on an approved schedule so
that the total recreational amenity provided
is, in the opinion of the planning director,
equivalent to that which would be provided by
(a) above.
(3) Any other arrangement mutually agreed to by
the city council and the developer, provided
that the recreational amenity made available
is equlvalent to that which would be provided
by (a) above.
(c) As a further alternative to the requirements in (a)
and (b) above, the developer may establish a
homeowner's association to own and maintain open
space and facilities. If the developer chooses
this option, he shall deed the property and
facilities to the homeowner's association. No
property and/or facility shall be deeded to a
homeowner's association which cannot be used as
deeded for the intended purpose. The amount of
open space provided and the nature, extent and
availability of facilities or other improvements
provided must be sufficient, in the opinion of
the planning director, to constitute a
recreational amenity equivalent to that which
would otherwise be provided by (a) above.
(d) All land provided for recreation must be easily
accessible from all the lots of the subdivision and
-2-
must be located on land well suited for
recreational purposes. No land whose use for
recreational purposes is significantly impeded by
the presence of easements, soil conditions,
topographic conditions, or other similar factors
shall be included as land set aside for
recreation.
(e) The developer must provide clearly defined street
and pedestrian access in readily useable condition
for the homeowners to the public sites and open
space areas.
(f) Any reservation of land for public acquisition and
use required under this provision shall be void if
not exercised within five (5) years from the date
of recordation of the subdivision agreement;
provided, however, that the city council may
release such reserved land at an earlier date if it
is found to be no longer necessary to the public
purpose. The compensation due the developer shall
be an expressed element of the subdivision
agreement.
(g) The developer shall be required to show in dotted
lines on the final plat how he will develop any
reserved areas in the event that the city elects
not to acquire the reserved property.
This Ordinance shall be effective from the date of its
adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the day of FebyLa 198 6,
APPROVED AS TO CONTENTS
GLF/re
7/2/85
7/31/85 SIGNATURE
(ORD/F)
DEPARTMENT
RM
vv - SIGN@TUIE @)
CITY ATTORNEY
-3-
ADMINISTRATIVE GUIDELINES IN CONJUNCTIOM
WITH SECTION 4.5 OF THE SUBDIVISION ORDINANCE
Purpose Statement Relative to Public Sites and Open Spaces:
To plan, acquire, construct, and maintain parks and open space that are acces-
sible for safe and enjoyable recreational activities.
In administering Section 4.5 of the Subdivision Ordinance, the city staff shall,
in each case, consider the following criteria in acquiring open space and recreation
land. It is recognized that (a) it will not be possible to maximize all criteria
concurrently and that (b) some of these criteria are not consistent ith one
another. It is anticipated that the staff will weigh these criteria according
to the specifics of the case involved and be guided by them in making the best
decision in each case.
1. Amount of Land
Since Section 4.5(a) establishes an amount of land to be acquired by reservation
and 4.5(b) establishes a lesser amount to be acquired by dedication, the question
of density of development shall be a determining factor in deciding which alterna-
tive to pursue. In cases where the density of the proposed subdivision is high
or where the density of the surrounding area is high, then, generally, the greater
amount of land shoul,d be sought.
2. Accessibility and Visibility
Site should be located in such a way as to maximize the visibility of the site
for police and other activity monitors. The site should also be readily accessible
to all potential users and, for these purposes, it is deemed desirable to acquire
a site with as much street frontage as pracrical.
3. Configuration
Within the limits allowed by consideration of the other criteria, the site to
be acquired should be as close as practical to square, especially where active
recreation is considered for the site. Deviation from this shape should be held
to the minimum and should be made out of consideracion for other criteria or
the practicality of the matter. In no case shall the configuration of the property
be such as to detract sigiiificantly from the usefulness of the site to be acquired.
4. Physical Relationship to Other Recreation Areas
Where possible, sites should be chosen to ab,t e,i,ting recreation areas so as
to combine the amenities provided by them.
Page 2
Section 4.5
5. Type of Open Space
Whether the open space to be acquired is to be devoted to active or passive use
shall be determined by the nature of the area and the specific needs that are
evident, keeping in mind that there is a long term need for both types of open
space, thus our acquisition and improvement practices should be used to create
a balance between the two, as appropriate, to the needs of the particular area
involved.
6. Topographic Conditions
Section 4.5 shall be regarded as an important tool in acquiring sensitive environ-
mental land such as floodplain or parcels containing notable stands of trees,
protecting them from development.
7. Conditions Impeding Use of Property
Section 4.5(d) describes factors to be avoided in the acquisition of land for
active recreation purposes. Where land is to be used for passive open space there
similarly shall be no conditions present that impede the use of the land for
that purpose. However, for passive recreation use, it may be acceptable to acquire
land with more irregular topographic features or substandard soil conditions.
8. Distribution of Land Within Subdivision
Recognizing that the amenity provided by the open space is often greatel- when
the parcels are larger and accessibility is greater when the parcels ar(! more
numerous, the open space should be acquired in a smaller number of larger parcels
when the density is low and a larger number of smaller parcels wheii the density
is high.
9. Maintenance
In deciding how to acquire the open space involved, the long term maintenance
cost of the land as well as facilities placed upon it shall be considered.
10. Subdivision Agreement
After a decision has been reached on the method of provision of open space, the
elements of that decision shall be set forth in a subdivision agreement to be
recorded in the office of the Clerk of the Circuit Court prior to recordati(@n
of any final plats. The subdivision agreement need not be limited to matters
of open space provision but may include matters related to right of way impravement
or other such matters as deemed appropriate by the parties to the agreement,
Page 3
Section 4.5
in accordance with Section 7.3 of the Subdivision Ordinance. Where the method
of provision calls for reservation of the land for future purchase by the City,
the subdivision agreement shall set forth the compensation due the o@n,r, nd
the period of reservation shall be et at five years. However, it sh,ll be the
Policy of the City to exercise its option to purchase such reserved land at the
earliest feasible time during the period of reservati,n.
11. Homeowners Associations
Where proposal for provision of open space involves a homeowners association,
and where that proposal, based upon other elements of these guidelines, is found
by the City to be acceptable, the following shall apply:
(a) The location and amount of open space and the nature of improvement
to be constructed on it are to be determined at the time of preliminary subdivision
review and specified in the subdivision agreement prior to recordation of the
first plat in the subdivision.
(b) The subdivision agreement shall provide that the developer shall construct
the specified improvements on the open space and dedicate the improvements and
open space to the homeowners' association prior to a specified percentage of
lots being platted or before a certain specified date, whichever comes first.
The percentages and dates should be chosen to coincide with the pace of development
and should depend upon the size and location of the recreation site and the type
of improvement to be installed thereon.
(c) The developer shall certify in the subdivision agreement that membership
in the homeowners' association is to be mandatory, a note shall be placed on
all final plats to that effect, and appropriate statements shall be placed in
the homeowners' association articles of incorporation to that effect.
(d) If the improvements are not completed by the time the specified number
of lots are platted or specified date is reached, whichever factor controls,
then the developer shall post a bond or letter of credit in the amount of the
value of the recreation improvement. Such surety is to run for a period of one
year and is to guarantee that the specified improvements will be satisfactorily
completed before that time. Surety is to be released at the rime of satisfactory
completion of the specified improvement if such time is prior to the expiration
of the one-year period.
(e) The subdivision agreement shall specify a satisfaccory plan for maintenance
of the site and improvements covering the period of time prior to 100% occupancy
of the subdivision. Such plan shall provide for participation in maintenance
by the developer on behalf of future owners of unsold lots or an alternative
plan which will provide an equivalent degree of assurance that the site and improve-
ments will be adequately maintained.
Page 4
Section 4.5
MINIMUM ADMINISTRATIVE PARK STANDARDS
Neighborhood Park - One-half to 10 acres located within easy walking distance.
Service radius of approximately one-half mile. Five acres is a recommended site.
Development should consist of play apparatus (all ages), open play fields, multi-pur-
pose courts, benches, picnic facilities, landscaping, and the park should be
planned at the rate of 3 acres per 1,000 population.
Community Park - Ten to 30 acres. Designed to serve two or more neighborhoods.
Should be planned at the rate of 3 acres per 1,000 population. Service radius
approximately one to three miles. Park could contain playground apparatus (all
ages), tennis courts, restrooms, open play fields, jogging or fitness trails,
adequate parking facilities and landscaping.
District Parks - Thirty to 200 acres. Represents major co=itment of local recrea-
tional resources. Should be centrally located within study area. Could have a
service area of 15 to 25 miles. Should be planned at the rate of 4 acres per
1,000 population. Should include water resources whenever possible. Park could
contain playground equipment (all ages), lighted multi-purpose fields, lighted
tennis courts, recreation center, parking facilities, nature trail, restrooms,
amphitheater, botanical gardens and proper landscaping.
- 3@Q -
Item II-K.1.2.3.
RESOLUTIONS/ORDINANCE ITEM # 24952
Ronald W. Makela, Chairman of the Great Neck Association of Civic Leagues,
spoke concerning this Ordinance relative the definition of
.'neighborhoods".
Ray Estes, resident and past President of Seabreeze Farms Civic League,
spoke concerning well owners
Mack C. Queen, President of Lakeview Park Civic League, spoke in support of
..well users".
Upon motion by Councilman Louis Jones, seconded by Councilman McCoy, City
Council ADOPTED:
Resolution setting forth the policy of the City of
Virginia Beach in regard to extension of the Public
Water and/or Sewer Systems into areas of the City
developed prior to the availability thereof.
Resolution stating the intent of City Council with
respect to the Locking In of the Water Resource
Recovery Fee in various established City
Neighborhoods and exempting those Neighborhoods from
the 51% Petition Requirement.
Ordinance to Amend and Reordain Sections 37-7.1,
37-7.2, 37-9, 37-10, 37-11 and 37-121; and, REPEAL
Section 37-8 to the Code of the City of Virginia
Beach, Virginia, pertaining to Water Line Fees.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Robert G.
Jones, Louis R. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S. and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
- 32a -
REQUESTED BY: LOUIS R. JONES
RESOLUTION SETTING FORTH THE POLICY
OF THE CITY OF VIRGINIA BEACH IN
REGARD TO EXTENSION OF THE PUBLIC
WATER AND/OR SEWER SYSTEMS INTO AREAS
OF THE CITY DEVELOPED PRIOR TO THE
AVAILABILITY THEREOF
WHEREAS, many areas exist in City of Virginia Beach which
were developed prior to availability of public water and/or sewer
to such areas; and
WHEREAS, real or potential health and safety hazards may
exist in such areas as a result of the inability of soil conditions
to continue to support septic tank and other on-site disposal
systems and of the pollution caused by the maifunctioning of such
systems; and
WHEREAS, real or potential health and safety hazards may
exist in such areas as a result of the unavailability of adequate
supplies of groundwater fit for human consumption and in sufficient
quantities to meet demands for fire protection needs; and
WHEREAS, the City of Virginia Beach has recognized the
need to extend public sewer and water services into such areas and
has, since the 1960's, followed a policy for orderly extension of
such service based upon long-established criteria; and
WHEREAS, extensions to the system are accomplished
through the water and sewer enterprise fund established for that
purpose and the fees thereby generated are necessary to maintain
the financial integrity of the fund so that it can remain self-
supporting; and
WHEREAS, the Council of the City of Virginia Beach wishes
to reaffirm its policy relating to extension of the public water
and sewer systems into such previously developed areas and to the
construction of such water and sewer facilities,
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH:
That it shall be the policy of the City of Virginia Beach
to extend the public water and sewer service into unserved areas
whenever any of the following conditions occur:
a. The Health Department or other appropriate public
agency determines that a real or potential health or safety hazard
exists, or
b. Fifty-one percent (51%) of the property owners in
predetermined service area sign agreements requesting city sewer
and/or water service, and
BE IT FURTHER RESOLVED, that upon the occurrence of any
one of such conditions, the Department of Public Utilities shall
furnish to the City Manager a service area map, an analysis of
need, a preliminary cost estimate, and a recommendation for such
extension project. The City Manager shall then present such
information to the City Council. The Council shall determine
whether the project is economically feasible and whether it should
be included in the Capital Improvements Program and, if so, what
priority such project should be given, and
BE IT FURTHER RESOLVED, that upon presentation of 51% of
the property owner's agreements requesting city water service, the
water resource recovery fees owed to the City from the property
owners for connecting to the water system shall be locked in for
the entire predetermined service area at the rate in existence on
the date that the agreements are presented to the City, regardless
of when water service is actually provided to the predetermined
service area by the City, and
BE IT FURTHER RESOLVED, that the City Manager is hereby
authorized to develop policies and procedures to carry out the
terms of this resolution.
Adopted by the Council of the City of Virginia Beach,
Virginia on February 10, 1986.
KJC/ld;wp
01/21/86
02/02/86
02/04/86
02/05/86
-2-
RESOLUTION STATING THE INTENT OF
CITY COUNCIL WITH RESPECT TO THE
LOCKING IN OF THE WATER RESOURCE
RECOVERY FEE IN VARIOUS ESTABLISHED
CITY NEIGHBORHOODS AND EXEMPTING
THOSE NEIGHBORHOODS FROM THE 51%
PETITION REQUIREMENT
WHEREAS, the water resource recovery fee ordinance,
passed by City Council on January 6, 1986, provides for a
phasing-in of the water resource recovery fee; and
WHEREAS, by separate Resolution passed this date,
City Council has authorized a mechanism for locking in the
water resource recovery fee due and owing on existing
structures in an established neighborhood, which mechanism is
the signatures on a petition of 51% of the lot owners of an
established neighborhood requesting that City water be
extended to their neighborhood; and
WHEREAS, City Council recognizes that there are
projects within the City that are planned, indentified, or
under construction which are designed to provide new City
water service to existing neighborhoods; and
WHEREAS, it is the intent of City Council that
established neighborhoods containing projects within the City
that are planned, identified, or under construction which
will provide new City water service to those existing
neighborhoods be exempt from the requirement that 51% of the
lot owners request City water service, and it is the further
intent of City Council that the water resource recovery fee
be locked in for these established neighborhoods listed below
at the rates in effect on February 10, 1986.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
FOR THE CITY OF VIRGINIA BEACH:
1. That the following Community Development Target
Areas are hereby exempt from the 51% petition process:
a. Atlantic Park
b. Beachwood
C. Doyletown
d. Gracetown
e. Newlight
f. Seatack
g. Mill Dam
h. Newsome Farm
i. Lake Smith
j. Reedtown
k. Queen City
1. Burton Station
2. That the following neighborhood which has
previously been determined to be a public health hazard is
hereby exempt from the 51% petition process:
a. Creedle Road
3. That the following neighborhoods which have
previosuly met the requirement of 75% of the lot owners
signing a petition requesting that City water be extended to
their neighborhoods, are hereby exempt from the 51% petition
process:
a. Kent Circle
b. Taylor Point
C. Cornwell Lane
d. Alberthas & Congress Streets
4. That the water resource recovery fee shall be
locked in at the rate in effect on February 10, 1986, for all
of the neighborhoods listed above.
Adopted by the Council of the City of Virginia
Beach, Virginia, on this 10th day of February, 1986.
KJC/cb
2/10/86
-2-
AN ORDINANCE TO AMEND AND REORDAIN
SECTIONS 37-7.1, 37-7.2, 37-9,
37-10, 37-11, AND 37-12 AND REPEAL
SECTION 37-8 TO THE CODE OF THE CITY
OF VIRGINIA BEACH, VIRGINIA,
PERTAINING TO WATER LINES FEES
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Sections 37-7.1, and Section 37-9 through 37-12 are
hereby amended and read as follows and Section 37-8 is hereby
repealed and reads as follows:
Section 37-7.1 Water resource recovery fees
(recovery fees), generally.
(a) The fees prescribed by the following subsections of
this section shall be paid as the pro@-rty owner's share of the
cost of water resource development and associated distribution
facilities. Such fees shall be known as "recovery fees." The
fees shall be determined on the basis of the drainage fixture
unit schedule as provided in the Uniform Statewide Building Code
(Plumbing), as amended from time to time. Such fees shall also
be applicable to a use or structure presently connected to the
water system whenever such use or structure is expanded, changed,
or modified resulting in an increase in drainaqe fixture units,
and to a use or structure not presently connected to the water
system when such use or structure connects. If a property owner
has previously paid water line fees but has not obtained a
building permit the property owner shall be charged the full
amount of applicable line-fees-and recovery fees, less a credit
of any water line fees previously paid.
(b) Recovery fees shall be as follows:
(1) Each drainage fixture unit shall be charged a
recovery fee according to the followinq
schedule:
(i) $32.00 per drainage fixture unit from
the effective date of this Ordinance
until June 30, 1986.
(ii) $63.00 per drainage fixture unit from
July 1, 1986, to December 31, 1986.
(iii) $95.00 per drainage fixture unit
effective January 1, 1987.
(2) In all cases where a plumbing fixture is not
specifically described in the Uniform
Statewide Building Code (Plumbing), as
amended from time to time, an equivalant
drainage fixture unit value for the plumbing
fixture shall be computed by the department
of public utilities and shall be made a part
of the standards and specifications of the
department of public utilities.
In the event of a dispute as to the amount of fees
owed, the property owner may appeal the department of public
utilities' decision to the city manager or his designee and,
thereafter, to city council.
(C) No building or plumbing permit shall be issued for any
property, and if issued, shall not be valid, until the fees
provided for in this section have been paid.
(d) In the case of existing contract agreements between
owners and the city regarding water resource impact fees and
waiver of water resource impact fees, such agreements shall
remain in effect.
Section 34-472 37-8 Water resource recovery fee account.
All monies collected as water resource recovery fees under
section 37-7.1 shall be deposited into a special account to be
known as the "water resource recovery fee account." Monies shall
-2-
be disbursed from this account to pay costs of projects designed
to develop sources of water supply and distribution facilities
for the City, and related existing and future debt service.
Seetion-34-8v--water-system-line-fees-fline-fees*,
generally@
prepeaed - new- tt 5e -or - str ueturet -less -a-e reeli t 7 -at -e arre nt -rates 7
aliewed-after-ten-++G@-yearsT
15@ - Fhe- Lspe per ty-ewne @ s - a here-ef -system-! nS t al lation 7
+GO-Eeet--$4799v
-In-easee-where-the-frent-feetage-19-4@S-er-Fnere
-3-
+n-easee-where-there-are-frentaqes-en-residenees
frent-f oetafie-f er-resielent ial- igreperty-f er-eaeh
PL-eees aing -and -4 tit! i-en - fae i I -it i-e s T -eleme 9 tie
J9+--Sepai-ate-warehease-faeiiitiea-useel-fer-sterage
enIY7-where-no-industrial-aetit-ityT
manufaeturing-er-preeessing-takes-plaeeT-Lger
aT--The-eatimated-elaily-flow-ef-the-prelgesed
s-im4lar-aetual-f+ews-of-eempara6le-usesT
4997-yielciing-a-demanel-unitg-figurei-then
by-t!he-minifnuffi-fee-app+ieab+e-to-a
s-ingle-family-rea4denee@
4f-an-estimated-flow-eannet-6e-aeeurately
autherimed-to-aeeept-a-de @ it,-in-advenee-of
aetual-flews7-with-the-fee-te-15e-determined
after-ene-year-of-aetual-eensumptienT-as-per-av
threutjh-e7-abevev
'Fhe5e-fees-shall-net-be-eharged-to-a-igrejaerty-ewner
when-the-proLgerty-ewner-fnus4!-eenstruet-an-extensien-te-the
+e@--A-speeial-water-line-fee-fer-seasonally-operateel
owners-ant3-the-eity-regareling-fees-anel-walver-ef--fees7-gueh
agreements-shall-remain-4n-effeetv
Section 37-9. Installment, etc., payment of line-fees-and
recovery fees.
-6-
(a) The director of public utilities is hereby authorized
to accept, on behalf of the city, notes for the payment of 'the
recovery fees due for these-same single family residences, if
homeowner-occupied. The terms of each such note shall be: all
tap and meter fees, given as a down payment, with the full
remaining fees payable in four (4) equal, annual installments at
a rate of interest of eight (8) percent per annum.
(b) When a hardship exists, the director of public
utilities may allow the down payment prescribed in paragraph (a)
above, to be paid by installments over a one-year period; or, if
the property is being offered for sale, the director of public
utilities may enter into an agreement whereby all fees shall be
paid from the proceeds of the sale or within ninety (90) days of
the date of the agreement, whichever shall be the sooner.
Section 37-10. Water-line-fee-anel Recovery fees exemptions -
For certain elderly and handicapped persons.
(a) Exemption or partial exemption from payment of the
recovery fees
prescribed by section 37-7.1 is provided for certain property
owners who qualify under this section. The exemption is to be
administered by the city manager or his authorized designee
herein referred to as the administrator. The administrator is
hereby authorized and empowered to prescribe, adopt and enforce
such rules and regulations, including the requirement of answers
under oath, as may be reasonably necessary to determine
qualifications for exemption. The administrator may require the
production of certified tax returns and appraisal reports to
establish income and financial worth.
(b) Exemptions shall be granted under this section subject
to the following provisions:
(1) Title to the property for which the +ine-fee
and recovery fee exemption is sought must be held or
partially held by the applicant at least one hundred and
twenty (120) days prior to the installation or scheduled
-7-
date of installation, whichever comes first, of the water
line.
(2) The owner of the title or partial title must be
sixty-five (65) years of age or older at least one hundred
and twenty (120) days prior to the installation or schedtiled
installation date, whichever comes first, of the water line.
If such person is under sixty-five (65) years of age, he or
she shall possess a certification by the social security
administration, the veteran's administration, or the
railroad retirement board, or if such person is not eligible
for certification by any of these agencies, a sworn
affidavit by two (2) medical doctors licensed to practice
medicine in the Commonwealth, to the effect that such person
is permanently and totally disabled, as defined in
subsection (f) of this section. The affidavit of at least
one of such doctors shall be based upon a physical
examination of such person by such doctor. The affidavit of
one of such doctors may be based upon medical information
contained in the records of the civil service commission
which is relevant to the standards for determining permanent
and total disability as defined in subsection (f) of this
section. Such medical affidavits shall be filed with the
administrator at such time as the applicant files a water
line fee exemption affidavit.
(3) The dwelling to be connected to the water line
must be the sole dwelling of the applicant claiming
exemption.
(4) The total combined income during the immediately
preceding calendar year from all sources of the owners of
the dwelling living therein and of the owner's relatives
living in the dwelling does not exceed fifteen thousand
dollars ($15,000.00); provided that the first four thousand
dollars ($4,000.00) of income of each relative, other than
spouse or spouses of the owner or owners livinq in the
dwelling shall not be included in such total.
-8-
(5) The net combined financial worth of the owner
shall not exceed forty thousand ($40,000.00), excluding the
fair market value of the house to be connected to the water
line. Net combined financial worth shall include the value
of all assets, including equitable interests, of the owner
and of the spouse of the owner.
(c) Persons applying for line-fee-and recovery fee
exemption under this section must file with the administrator a
14ne-fee-and recovery fee exemption affidavit setting forth, in a
manner prescribed by the administrator, the location and value of
the property to be connected to the water line, the names of the
persons related to the owner and occupying the dwelling, their
gross combined income and their net combined financial worth. if
such applicant is under sixty-five (65) years of age, medical
certification or affidavits, as set forth in subsection (b)(2) of
this section shall also be filed with the administrator.
(d) Where the person claiming exemption conforms to the
standards and does not exceed the limitations contained in this
section, the line-fee-and recovery fee exemptions shall be as
shown in the followina schedule:
Total income, all sources Exemption
$ 00.00- 9,000.00 100%
9,001.00 - 10,000.00 80%
10,001.00- 11,000.00 60%
11,001.00- 13,000.00 40%
13,001.00- 15,000.00 20%
(e) If, within twelve (12) months after the 44!ne-fee-and
recovery fee exemption is obtained under this section, the
applicant's financial position should change so that its effect
would be to remove the person holdinq the exemption from within
the limits and standards of this section, then the person holdinq
the exemption shall refund the amount of the exemption to the
city.
(f) For purposes of this section, a person is permanently
and totally disabled if he is so certified as required in
-9-
subsection (b)(2) of this section and is found by the
administrator to be unable to engage in any substantial gainful
activity by reason of any medically determinable physical or
mental impairment or deformity which can be expected to result in
death or can be expected to last for the duration of such
person's life.
(g) Any person falsely claiming an exemption or violating
any provision of this section shall be guilty of a Class 1
misdemeanor.
Section 37-11. Same - For certain financially disadvantaged
persons generally.
(a) Exemption or partial exemption from payment of the
recovery fees
prescribed by section 37-7.1 is provided for certain financially
disadvantaged property owners who qualify under this section.
The exemption is to be administered by the city manager or his
authorized designee, herein referred to as the administrator.
The administrator is hereby authorized and empowered to
prescribe, adopt and enforce such rules and regulations,
including the requirement of answers under oath, as may be
reasonably necessary to determine qualifications for exemption.
The administrator may require the production of certified tax
returns and appraisal reports to establish income and financial
worth.
(b) Exemptions shall be granted under this section
subject to the following provisions:
(1) Title to the property for which the
line-fee-and recovery fee exemption is sought
must be held or partially held by the
applicant at least one hundred twenty (120)
days prior to the installation, or scheduled
date of installation, whichever comes first,
of the water line.
-10-
(2) The dwelling to be connected to the water line
must be the sole dwelling of the applicant
claiming the exemption.
(3) The total combined income of the owner and the
owner's relatives living in the household
during the year immediately preceding the
installation must be determined by the
administrator as not exceeding four thousand
dollars ($4,000.00).
(4) The net combined financial worth of the owner
shall not exceed twenty thousand dollars
($20,000.00), excluding the fair market value
of the house to be connected to the water
line. Net combined financial worth shall
include the value of all assets, including
equitable interests, of the owner and of the
spouse of the owner.
(c) Persons applying for line-fee-and a recovery fee
exemption under this section must file, with the administrator, a
line-fee-and recovery fee exemption affidavit setting forth, in a
manner prescribed by the administrator, the location and value of
the property to be connected to the line, the names of the
persons related to the owner and occupying the dwelling and their
gross combined income and their net combined financial worth.
(d) Where the person claiming an exemption conforms to
the standards and does not exceed the limitations contained in
this section, the line-fee-and recovery fee exemptions shall be
as shown on the following schedule:
Total income, all sources Exemption
$ 00.00 - $2,000.00 100%
2,001.00 - 3,000.00 80%
3,001.00 - 4,000.00 60%
(e) If, within twelve (12) months after a line-fee
and recovery fee exemption is obtained under this section, the
applicant's financial position should change so that its effect
-11-
would be to remove the person holding the exemption from within
the limits and standards of this section, then the person holding
the exemption shall refund the amount of the exemption of the
city.
(f) Any person falsely claiming an exemption or
violating any provisions of this section shall be guilty of a
Class 1 misdemeanor.
Section 37-12. Same - Same - Families in community development
target areas.
where connection is made to the public water system
installed in a community developinent target area, no Ii-ne-fee
er recovery fee shall be due under this article from property
owners who qualify low and moderate income as determined by the
Secretary of Housing Urban Developrnent or by the Virginia Housinq
Develop(nent Authority under one or more of their rental
assistance or homeownership mortgage programs. Through aqreement
with the city, waivers of line-fees-amel recovery fees may also be
provided to builders who are building under the aforementioned
programs for low and moderate income families.
It is the intention of City Council that each separate
provision of these Ordinances shall be deemed independent of all
other provisions herein, and it is further the intention of City
Council that if any provision of these Ordinances be declared
invalid, all other provisions thereof remain valid and
enforceable.
An emergency is hereby declared to be in effect and these
Ordinances shall become effective immediately upon their
adoption.
Adopted this 10th day of February, 1986, by the Council
of the City of Virginia Beach, Virginia.
KJC/jmh
0 2/0 4/8 6 APPROVED AS TO CONTENTS
(IIB)
-12- -OLE-AL
-Y Y,@p@r@,Rm
Cl-fY ATTORiItY
- 34 -
Item II-K.4
RESOLUTION/ORDINANCE
ITEM # 24953
ADD-ON
Rae LaSesne, represented the Council of Civic Organizations, spoke in
opposition to this proposed Resolution and believed same should be on a
REFERENDUM.
Upon motion by Councilman Jennings, seconded by Councilman McCoy, City
Council ADOPTED:
Resolution to amend City Charter Section 6.05.2 for
Supplemental Authority to Issue Bonds up to $8-
MILLION for Roads, Highways and Bridges.
Voting: 8-3'
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, H. Jack Jennings, Jr., Louis R. Jones, Robert G.
Jones, and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
Barbara M. Henley, Vice Mayor Reba S. McClanan and Meyera E.
Oberndorf
Council Members Absent:
None
- 34a -
R E S 0 L U T I 0 N
WHEREAS, the Council of the City of Virginia
Beach, Virginia, has requested that certain changes be
made in the Charter of the Code of the City of Virginia
Beach; and
WHEREAS, certain members of the General Assembly
have initiated alternative language in an amended bill to
House Bill 42 for consideration and desire Council's
consideration of such initiative.
THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
THAT this proposed Amendment to the Charter of
the City of Virginia Beach, as stated in the attached
(EXHIBIT A) which is hereby incorporated by reference in
this resoltuion is endorsed, approved and reconunended
favorably for action by the General Assembly.
APPROVED: February 10, 1986
Attachment #3
Proposeed Amendment to City of Virginia Beach Charter
SS 6.05.2 - Supplemental authority for issuance of
bonds.
Notwithstanding any other provision of law, special or
general, the city may issue up to eight million dollars
of general obligation bonds in any calendar year for
road, highway or bridge purposes, provided that not less
than 20% of the amount of bonds authorized without an
election under SS 6.05.1 of this charter for the same
calendar year shall have been designated for road,
highway and bridge purposes. For purposes of computing
such eight million dollar limitation there shall not be
included (a) bonds issued in such year that were author-
ized under this section in a prior year and (b) refunding
bonds. The provisions of this section shall expire
December 31, 1996.
(EXHIBIT A)
- 35
Item II-L
CONSENT AGENDA ITEM # 24954
Upon motion by Councilwomai Creech, seconded by Councilman McCoy, City Council
APPROVED in ONE MOTION Items 1, 2, 3, 4, 5, 6, 7, 8, 10, and 11.
City Council ADOPTED the ADD-ON Resolution in Recognition to Councilwoman
Meyera E. Oberndorf
Item #9 was voted upon seperately
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress,
Mayor Harold Heischober, Barbara M. Henley, H. Jack
Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice-
Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
February 10, 1986
- 36 -
Item II-L-1
CONSENT AGENDA ITEM # 24955
Upon motion by Councilwoman Creech, seconded by Councilman McCoy, City Council
ADOPTED:
RESOLUTIONS IN RECOGNITION
Richard Guy
Comunity College Board
Meg Campbell
Joy Hatfield
Karen Morrow
Jack Robertson
Public Library Board
Susan B. Flannagan
Dr. Roy 0. Woods
Virginia Beach School Board
Councilwoman Meyera Oberndorf
Southeastern Virginia Planning District Commission
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress,
Mayor Harold Heischober, Barbara M. Henley, H. Jack
Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice-
Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and
Meyera E. Oberndorf
Council Members Voting Nay-
None
Council Members Abseqt:
None
- 36a -
RESOLUTION IN RECOGNITION
WHEREAS: The history of America is one of a nation of people
helping other people -- joining together to build a better society --
dedication and commitment;
WHEREAS: Life is so unpredictable! No day comes back! Life is
short at best! That which makes life most worth living is the sure
knowledge that we ourselves have fulfilled our purpose, met our
obligation to our fellow citizens and can be satisfied we have done our
best;
WHEREAS: Richard Guy served as a member of the
Tidewater Community College Board from January 3, 1969 through June
30, 1985. Throughout these more than ten years his dedication and
unselfish service have involved personal sacrifices and inconveniences,
not only to him but frequently to the family; and,
WHEREAS: Advisors and Volunteers have saved the City untold
dollars, but more importantly, our successful growth depends upon them.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City
Council here assembled this Tenth day of February, Nineteen Hundred
Eighty-Six, on behalf of the citizens of Virginia Beach, expresses deep
GRATITUDE and RESPECT to:
RICHARD GUY
Given under my hand and seal,
Mayor
RESOLUTION IN RECOGNITION
WHEREAS: The history of America is one of a nation of people
helping other people -- joining together to build a better society
dedication and commitment;
WHEREAS: Life is so unpredictable! No day comes back! Life is
short at best! That which makes life most worth living is the sure
knowledge that we ourselves have fulfilled our purpose, met our
obligation to our fellow citizens and can be satisfied we have done our
best;
WHEREAS: Margaret Campbell served as a member of the
Public Library Board from August 16, 1976 through August 31, 1985.
Throughout these nine years her dedication and unselfish service have
involved personal sacrifices and inconveniences, not only to her but
frequently to the family; and, I
WHEREAS: Advisors and Volunteers have saved the City untold
dollars, but more importantly, our successful growth deperids upon them.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City
Council here assembled this Tenth day of February, Nineteen Hundred
Eighty-Six, on behalf of the citizens of Virginia Beach, expresses deep
GRATITUDE and RESPECT to:
MARGARET CAMPBELL
Given under my hand and seal,
Mayor
RESOLUTION IN RECOGNITION
WHEREAS: The history of America is one of a nation of people
helping other people -- joining together to build a better society --
dedication and commitment;
WHEREAS: Life is so unpredictable! No day comes back! Life is
short at best! That which makes life most worth living is the sure
knowledge that we ourselves have fulfilled our purpose, met our
obligation to our fellow citizens and can be satisfied we have done our
best;
WHEREAS: Joy Hatfield served as a member of the
Public Library Board f rom March 31, 1981 through August 31, 1985.
Throughout these four and one-half years her dedication and unselfish
service have involved personal sacrifices and inconveniences, not only
to her but frequently to the family; and,
WHEREAS: Advisors and Volunteers have saved the City untold
dollars, but more importantly, our successful growth depends upon them.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City
Council here assembled this Tenth day of February, Nineteen Hundred
Eighty-Six, on behalf of the citizens of Virginia Beach, expresses deep
GRA,TITUDE and RESPECT to:
JOY HATFIELD
Given under my hand and seal,
Mayor
RESOLUTION IN RECOGNITION
WHEREAS: The history of America is one of a nation of people
helping other people -- joining together to build a better society --
dedication and commitment;
WHEREAS: Life is so unpredictable! No day comes back! Life is
short at best! That which makes life most worth living is the sure
knowledge that we ourselves have fulfilled our purpose, met our
obligation to our fellow citizens and can be satisfied we have done our
best;
WHEREAS: Karen Morrow served as a member of the
Public Library Board from August 16, 1976 through August 31, 1985.
Throughout these nine years her dedication and unselfish service have
involved personal sacrifices and inconveniences, not only to her but
frequently to the family; and,
WHEREAS: Advisors and Volunteers have saved the City untold
dollars, but more importantly, our successful growth depends upon them.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City
Council here assembled this Tenth day of February, Nineteen Hundred
Eighty-Six, on behalf of the citizens of Virginia Beach, expresses deep
GRATITUDE and RESPECT to:
KAREN MORROW
Given under my hand and seal,
Mayor
RESOLUTION IN RECOGNITION
WHEREAS: The history of America is one of a nation of people
helping other people -- joining together to build a better society --
dedication and commitment;
WHEREAS: Life is so unpredictable! No day comes back! Life is
short at best! That which makes life most worth living is the sure
knowledge that we ourselves have fulfilled our purpose, met our
obligation to our fellow citizens and can be satisfied we have done our
best;
WHEREAS: Jack Robertson served as a member of the
Public Library Board from August 16, 1976 through August 31, 1985.
Throughout these nine years his dedication and unselfish service have
involved personal sacrifices and inconveniences, not only to him but
frequently to the family; and,
WHEREAS: Advisors and Volunteers have saved the City untold
dollars, but more importantly, our successful growth depends upon them.
NOW, TBEREFORE, BE IT RESOLVED: That the Virginia Beach City
Council here assembled this Tenth day of February, Nineteen Hundred
Eighty-Six, on behalf of the citizens of Virginia Beach, expresses deep
GRATITUDE and RESPECT to:
JACK ROBERTSON
Given under my hand and seal,
Mayor
RESOLUTION IN RECOGNITION
WHEREAS: The history of America is one of a nation of people
helping other people -- joining together to build a better society --
dedication and commitment;
WHEREAS: Life is so unpredictable! No day comes back! Life is
short at best! That which makes life most worth living is the sure
knowledge that we ourselves have fulfilled our purpose, met our
obligation to our fellow citizens and can be satisfied we have done our
best;
WHEREAS: Susan B. Flanagan served as the Pungo Borough
representative on the School Board from January 1, 1983 through
December 31, 1985. Throughout these three years her dedication and
unselfish service have involved personal sacrifices and inconveniences,
not only to her but frequently to the family; and,
WHEREAS: Advisors and Volunteers have saved the City untold
dollars, but more importantly, our successful growth depends upon them.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City
Council here assembled this Tenth day of February, Nineteen Hundred
Eighty-Six, on behalf of the citizens of Virginia Beacli, expresses deep
GRATITUDE and RESPECT to:
SUSAN B. FLANAGAN
Given under my hand atid seal,
Mayor
RESOLUTION IN RECOGNITION
WHEREAS: The history of America is one of a .iation of people
helping other people -- joining together to build a better society --
dedication and commitment;
WHEREAS: Life is so unpredictable! No day comes back! Life is
short at best! That which makes life most worth living is the sure
knowledge that we ourselves have fulfilled our purpose, met our
obligation to our fellow citizens and can be satisfied we have done our
best;
WHEREAS: Dr. Roy 0. Woods served as an At-Large representative on
the School Board from June 27, 1966 through December 31, 1985.
Throughout these nineteen years his dedication and unselfish service
have involved personal sacrifices and inconveniences, not only to him
but frequently to the family; and,
WHEREAS: Advisors and Volunteers have saved the City untold
dollars, but more importantly, our successful growth depends upon them.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City
Council here assembled this Tenth day of February, Nineteen Hundred
Eighty-Six, on behalf of the citizens of Virginia Beach, expresses deep
GRATITUDE and RESPECT to:
DR. ROY 0. WOODS
Given under my hand and seal,
Mayor
RESOLUTION IN RECOGNITION
WHEREAS: The history of America is one of a nation of people
helping other people -- joining together to build a better society --
dedication and commitment;
WHEREAS: Life is so unpredictable! No day comes back! Life is
short at best! That which makes life most worth living is the sure
knowledge that we ourselves have fulfilled our purpose, met our
obligation to our fellow citizens and can be satisfied we have done our
best;
WHEREAS: Meyera E. Obernndorf served as a member of the
Southeastern Virginia Planning District Commission from July 1, 1976
through June 30, 1985, and held the position of Chairman from 1982 -
1984. Throughout these nine years her dedication and unselfish service
have involved personal sacrifices and inconveniences, not only to her
but frequently to the family; and,
WHEREAS: Advisors and Volunteers have saved the City untold
dollars, but more importantly, our successful growth depends upon them.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City
Council here assembled this Tenth day of February, Nineteen Hundred
Eighty-Six, on behalf of the citizens of Virginia Beach, expresses deep
GRATITUDE and RESPECT to:
MEYERA E. OBERNDORF
Given under my hand and seal,
Mayor
- 37 -
ITEM II-L-2
CONSENT AGENDA ITEM # 24956
Upon motion by Councilwoman Creech, seconded by Councilman McCoy, City Council
ADOPTED:
Ordinance to add a new section to Chapter 2 of the Code
of the City of Virginia Beach to authorize and direct
the Finance Director to issue petty cash fund advances
to departments and agencies of the City.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress,
Mayor Harold Heischober, Barbara M. Henley, H. Jack
Jennings, Jr., Louis R. Jones, Robert C. Jones, Vice
Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and
Meyera Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
-37a
AN ORDINANCE TO ADD A NEW SECTION
TO CHAPTER 2 OF THE CODE OF THE
CITY OF VIRGINIA BEACH TO AUTHORIZE
AND DIRECT THE FINANCE DIRECTOR TO
ISSUE PETTY CASH FUND ADVANCES TO
DEPARTMENTS AND AGENCIES OF THE
CITY
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That Chapter 2 of the Code of the City of Virginia Beach
is amended and reordained by adding the following section.
WHEREAS, more efficient administration would be promoted
by establishing one or more petty cash funds for making change and
for payment of claims arising from commitments made pursuant to
provisions of law.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
VIRGINIA BEACH:
That the Finance Director is authorized and directed to
issue petty cash fund advances not exceeding $27see-eeek $5,000 to
the City Treasurer and $2,500 to other departments and agencies for
use in making change and purchasing goods and services that are in
urgent need. Each person receiving or administering any such fund
shall make a quarterly accounting thereof through either periodic
audit or submission to the Finance Director of reimbursement
vouchers containing receipts.
This Ordinance shall be effective from the date of its
adoption.
Adopted by the Council of the City of Virginia Beach on
the 10th day of February 1986.
APP@@OV-@D AS iO CONTENTS
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- 38 -
ITEM II-L-3
CONSENT AGENDA ITEM # 24957
Upon motion by Councilwoman Creech, seconded by Councilman McCoy, City Council
ADOPTED:
Ordinance to amend and reordain Chapter 2 of the Code
of the City of Virginia Beach, Virginia, by adding
Section 2-425 pertaining to background investigations
of the applicants for certification.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress,
Mayor Harold Heischober, Barbara M. Henley, H. Jack
Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice
Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and
Meyera Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
- 38a -
AN ORDINANCE TO AMEND AND REORDAIN
CHAPTER 2 OF THE CODE OF THE CITY
OF VIRGINIA BEACH, VIRGINIA, BY
ADDING SECTION 2-425 PERTAINING TO
BACKGROUND INVESTIGATIONS OF
APPLICANTS FOR CERTIFICATION
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 2-425 is hereby added to the Code of the
City of Virginia Beach, Virginia, pertaining to background
investigations of applicants for certification and reads as
follows:
Sec. 2-425. Backir
f@u:d
cert @c @ioinnvestigations of applicants for
In order to determine if any past criminal conduct or
motor vehicle driving record of any applicant for certification
by the director of emergency medical services would be-compatible
with the nature of the position under consideration, the
following procedure shall be followed:
(1) Each such applicant shall furnish a classifiable
set of fingerprints to the department of police.
(2) The chief of police and members of the department
of police acting in his name and the director of emergency
medical services or an investigator designated by the director
within the division of emergency medical services, are authorized
to conduct a field investigation and directed to conduct criminal
record checks on each such applicant.
(3) The chief of police or a member of the police
department acting on his behalf, or an investigator designated
by the director of emergency medical services within the division
of emergency medical services, shall prepare a factual summary of
the background investigation and criminal records check of each
applicant and transmit such summary to the director of emergency
medical services for the purpose of determining the fitness of
the applicant.
(4) Background investigation and records checks
include records of all arrests and dispositions as an adult.
Records of arrests and dispositions, while an applicant was
considered a juvenile, shall be transmitted only when authorized
court order, court rule, court decision, federal, regulation or
state statute authorizing such dissemination.
(5) Criminal history records and information shall
include arrest and disposition data on file in the national crime
information center, the federal bureau of investigation, the
department of defense, the department of motor vehicles, and all
other federal, state and local law enforcement agencies.
(6) Any applicant who is denied certification on the
basis of the investigation summary referred to in this section
may inspect that summary for the purpose of clarifyinq,
explaining or denying the accuracy of its contents.
(7) The chief of police and members of the police
department shall make no other dissemination to the director of
emergency medical services regarding the fitness of ap licants,
except in the official summary report referred to in this
section.
(8) Use of criminal history record information
disseminated to the director of emergency medical services shall
be limited to the purpose for which it was given and may not be
disseminated further.
Adopted this 10th day of February 1986, by the
Council of the City of Virginia Beach, Virginia.
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APPROVED AS TO
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- 39 -
Item II-L-4
CONSENT AGENDA ITEM # 24958
Upon motion by Councilwoman Creech, seconded by Councilman McCoy, City Council
ADOPTED upon SECOND READING:
Ordinance to accept and appropriate $40,272 from State
Funding to the Communlty Services Board and to
establish two positions for a Day Treatment Program for
Emotionally Disturbed Children.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress,
Mayor Harold Heischober, Barbara M. Henley, H. Jack
Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice-
Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
- 39a -
AN ORDINANCE TO APPROPRIATE $40,272 FROM STATE
FUNDING TO THE COKMUNITY SERVICES BOARD AND TO
ESTABLISH TWO POSITIONS FOR A DAY TREATMENT
PROGRAM FOR EMOTIONALLY DISTURBED CHILDREN
WHEREAS, the City of Virginia Beach has 60,000 school-age_children with
7,045 students receiving special education services, and
WHEREAS, the City has experienced a rapid-increase in the number of
severely emotionally disturbed children who are currently receiving therapeutic
services through the Community Services Board's Comprehensive Mental Health
Services (CMHS) and special education from the City's public school programs, and
WHEREAS, although 320 children are presently being served by the school
system and CMHS, there are 20 children for whom none of the present programs are
sufficient to meet their needs, and
WHEREAS, these children are not progressing academically, socially or
psychologically, but some would benefit from a day treatment program combining
mental health and educational components, and
WHEREAS, the State Department of Mental Health and Mental Retardation
recently issued an RFP to Community Services Boards across the state for
children's mental health services, and
WHEREAS, the Virginia Beach Community Services BoArd submitted a Day
Treatment Program proposal recommending the addition of two positions at a cost
of $40,272 to focus on intervention and support,of the child in his/her school
and community, and
WHEREAS, Virginia Beach was one of four proposals selected by the State
for funding.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA that funds in the amount of $40,272 be accepted from the State
and appropriated in the Department of Mental Health/Mental Retardation for two
additional positions to establish a day treatment prograqi for emotionally
disturbed children.
hdopted by the Council of the City of Virginia Beach, Virginia on the
10 day of February 1986. This ordinance shall be
effective from the date of its adoption.
First Reading February 3, 1986
Second Reading February 10, 1986
TO
PWC 13/ORDB
- 40 -
Item II-L-5
CONSENT AGENDA ITEM # 24959
Upon motion by Councilwoman Creech, seconded by Councilman McCoy, City Council
APPROVED upon FIRST READING:
Ordinance to accept $37,000 from the Department of
Corrections and to appropriate these funds to the
Community Diversion Incentive Program Expansion.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress,
Mayor Harold Heischober, Barbara M. Henley, H. Jack
Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice-
Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
- 40a -
AN ORDINANCE TO ACCEPT $37,000 FROM
THE DEPARTMENT OF CORRECTIONS AND
TO APPROPRIATE THESE FUNDS TO THE
COMMUNITY DIVERSION INCENTIVE
PROGR,tM EXPANSION
WHEREAS, the Community Diversion Incentive Program has been
operating in the City of Virginia Beach for a number of years, diverting
adjudicated non-violent offenders front jail, allowing them to make
restitution through community service, and
WHEREAS, the Department of Corrections has announced the awarding
of funds to cover the state and local felons which have been diverted in
excess of the fiscal year goal, and
WHEREAS, the additional award for purchase of client service
for ten state and two local felons at $3,600 and $500 each respectively,
is 100 percent funded by the Department of Corrections and requires no
local expenditure of funds.
I
.ZOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA that funds in the amount of $37,000 be accepted
from the State Department of Corrections and that said funds be appro-
priated to the Community Diversion Incentive Program expansion.
This ordinance shall be in effect from the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia
on the --- day of February, 1986.
First Reading: --10th-day-of- 1986
Second Reading:
PWC 4/ORD1 C, 1,@TENT
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- 41 -
ITEM II-L-6
CONSENT AGENDA ITEM # 24960
Upon motion by Councilwoman Creech, seconded by Councilman McCoy, City Council
ADOPTED:
Ordinance to transfer funds of $565.00 from the General
Fund's Reserve for contingencies to the Police Chief's
Division for reimbursement of legal expenses incurred
by a City Employee in the performance of his duties.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress,
Mayor Harold Heischober, Barbara M. Henley, H. Jack
Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice
Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and
Meyera Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
- 41a -
AN ORDINANCE TO TRANSFER FUNDS OF
$565.00 FROM THE GENERAL FUND'S
RESERVE FOR CONTINGENCIES TO THE
POLICE CHIEF'S DIVISION FOR
REIMBURSEMENT OF LEGAL EXPENSES
INCURRED BY A CITY EMPLOYEE IN
THE PERPORMANCE OF HIS DUTIES
WHEREAS, a Virginia Beach police officer was charged
with undue and unlawful force while performing his duties; and
WHEREAS, the employee incurred legal fees of $565.00
preparing his defense; and
WHEREAS, the General District Court dismissed the case;
and
WHEREAS, the officer is seeking reimbursement from the
City for his legal fees in accordance with Section 15.1-131.6 of
the Code of Virginia; and
WHEREAS, City Council considers this request reasonable
and proper,
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
That funds of $565.00 be transferred from the General
Fund's Reserve for Contingencies to the Police Chief's Division
for legal fees involving the above incident.
This ordinance shall become effective upon the date of
its adoption.
Adopted this lott, day of 1986, by the
Council of the City of Virginia Beach, Virginia.
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- 42 -
ITEM II-L-7
CONSENT AGENDA ITEM # 24961
Upon motion by Councilwoman Creech, seconded by Councilman McCoy, City Council
ADOPTED:
Ordinance to transfer $50,000 from Project #2-823 Salem
Canal to Project #2-036 Master Street and Highway Plan
for right-of-way acquisition of Resort Development's
property London Bridge Road and Harpers Road.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress,
Mayor Harold Heischober, Barbara M. Henley, H. Jack
Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice
Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and
Meyera Oberndorf
Council Members Voting Nay:
None
Council Members Abseit:
None
- 42a -
AN ORDINANCE TO TRANSFER $50,000
FROM PROJECT #2-823-SALEM CANAL
TO PROJECT #2-036 MASTER STREET AND HIGHWAY
PLAN FOR RIGHT-OF-WAY ACQUISITION
OF RESORT DEVELOPMENT'S PROPERTY
LONDON BRIDGE ROAD AT HARPERS ROAD
WHEREAS, the owner's of property located on London Bridge Road at the
intersection with Harpers Road have submitted a preliminary plan for a two-lot
subdivision which the city has denied because the alignment for London Bridge Road
would creale three non-buildable sites on this property, and
WHEREAS, the owners have stated they want the city to eilher acquire
Lhe right-of-way now or allow the subdivision, and
WHEREAS, this parcel is critical to the alignment of London Bridge
Road, and if developed, will be much more expensive to acquire when road
construction occurs, and
WHEREAS, because of the impact of the road alignment, a total
purchase would be required if the city decides to acquire the property now at
the appraised value of $55,000, and
WHEREAS, the recently approved CIP included an appropriation of $150,000
in project #2-036 Master Street and Highway Plan for right-of-way acquisition, of
which Council has authorized expenditures of approximately $145,000, and
WHEREAS, funds existing in project #2-823 Salem Canal may be transferred
to provide the additional $50,000 of appropriations necessary for the purchase of
this properly.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA that funds in the amount of $50,000 be transferred from project
#2-823 Salem Canal to project #2-036 Master Street and Highway Plan Right-of-Way
Acquisition for the purchase of property on London Bridge Road at the intersection
with Harpers Road.
This ordinance shall be in effect from the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on the
iott, day of February, 1986. @PPPVED AS TO CONTENTS
-0 L @AL
PWC/13 ORDIO
00,
r-D
KUDGINS-OSMOND
ERTY
REA EKT---,
L I M
ON LONDON BRIDC! R'OAD
PLAN SHOW114G
EALIGNMENT ON LONDON BRIDGE ROAD
1
AT HUDGINS-OSMOND PROPERTY
- 43 -
ITEM II-L-8
CONSENT AGENDA ITEM # 24962
Upon motion by Councilwoman Creech, seconded by Councilman McCoy, City Council
ADOPTED:
Ordinance to transfer appropriations for repairing
Lynnhaven Municipal Marina
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress,
Mayor Harold Heischober, Barbara M. Henley, H. Jack
Jennings, Jr., Louis R. Jones, Robert C. Jones, Vice
Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and
Meyera Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
- 43a -
AN ORDINANCE TO TRANSFER
APPROPRIATIONS FOR REPAIRING
LYNNHAVEN MUNICIPAL MARINA
WHEREAS, it is the intent of the City to maintain safe and functional
facilities for the users of those facilities, and
WHEREAS, the Lynnhaven Municipal Marina is not considered to be safe and
functional because of the deterioration of a portion of the bulkheading and the
fuel storage tanks, and
WHEREAS, it is also desired to initiate a study of the marina in order
to determine the extent of other repairs which may be necessary, and
WHEREAS, the cost for replacing a portion of the bulkhead and the fuel
storage tanks and for initiating study will require the appropriation of $113,500,
and
WHEREAS, the necessary appropriation may be provided through transfer of
funds within the Department of Parks and Recreation's fiscal year 1986 operating
budget.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA that appropriations in the amount of $113,500 be transferred
within the Department of Parks and Recreation's fiscal year 1986 operating budget in
order to fund the replacement of the bulkheading and fuel storage tanks and to
initiate a study of the marina.
This ordinance shall be in effect from the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on the
'Ot[4 day of February, 1986.
PWC/13 ORD 12
- 44 -
Item II-L.9
CONSENT AGENDA ITEM # 24963
William S. Davis, resident of Fifty-second Street spoke in OPPOSITION
to said Encroachment and presented a petition of adjacent residents.
(Said petition is hereby made a part of the record).
Attorney Ned Caton represented the applicant
Carl Thorn, Assistant City Engineer, responded to Council's inquiries,
and advised the Director of Public Works, has no objection to this
Encroachment.
Upon motion by Councilman Jennings, seconded by Councilman Baum, City
Council ADOPTED:
Ordinance to authorize a temporary encroachment
into a portion of the right-of-way of Atlantic
Boulevard to J. Carr Dorman and Margaret H. Dorman,
their heirs, assigns and successors in title.
Voting: 9-1
Council Members Voting Aye:
Jobn A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones and Meyera E. Oberndorf
Council Members Voting Nay:
Vice Mayor Reba S. McClanan
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
- 44a -
Requested By Department of Public Works
AN ORDINANCE TO AUTHORIZE A TEMPORARY
ENCROACHMENT INTO A PORTION OF THE
RIGHT-OF-WAY OF ATLANTIC BOULEVARD TO
J. CARR DORMAN AND MARGARET H. DORMAN,
THEIR HEIRS, 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, J. Carr Dorman and Margaret H. Dorman, their heirs,
assigns and successors in title are authorized to construct and
maintain a temporary encroachment into the right-of-way of
Atlantic Boulevard.
That the temporary encroachment herein authorized is
for the purpose of constructing and maintaining a fence to extend
from the southeast corner of the property in an easterly
direction to a point just to the east side of the wooden bulkhead
running parallel to and within the right-of-way of Atlantic
Boulevard and that said encroachment shall be constructed and
maintained in accordance with the City of Virginia Beach Public
Works Department's specifications as to size, alignment and
location, and further that such temporary encroachment is more
particularly described as follows:
An area of encroachment into a portion of
the City's right-of-way known as Atlantic
Boulevard, on the certain plat entitled:
"PHYSICAL SURVEY & SITE PLAN LOT 5 BLOCK
2 UBERMEER M.B- 7 P. 150 LYNNHAVEN
BOROUGH VIRGINIA BEACH, VA. SCALE 1',=30,
30 JUNE 1977," a copy of which is on file
in the Department of Public Works and to
which reference is made for a more
particular description.
PROVIDED, HOWEVER, that the temporary encroachment
herein authorized shall terminate upon notice by the City of
Virginia Beach to J. Carr Dorman and Margaret H. Dorman, their
heirs, assigns and successors in title and that within thirty 30
days after such notice is given, said encroachment shall be
removed from the City's right-of-way of Atlantic Boulevard and
I
that J. Carr Dorman and Margaret H. Dorman, their heirs, assigns
and successors in title shall bear all costs and expenses of such
removal.
AND, PROVIDED FURTHER, that it is expressly understood
and agreed that J. Carr Dorman and Margaret H. Dorman, their
heirs, assigns and successors in title shall indemnify and hold
harmless the City of Virginia Beach, its agents and employees
from and against all claims, damages, losses, and expenses
including reasonable attorney's fees in case it shall be
necessary to file or defend an action arising out of the location
or existence of such encroachment.
AND, PROVIDED FURTHER, that this ordinance shall not be
in effect until such time that J. Carr Dorman and Margaret H.
Dorman execute an agreement with the City of Virginia Beach
encompassing the afore-mentioned provisions.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the lott, day of February 1 9 86 -
GLF/rab
12/3/8 5
(29)
APPROVED AS TO
SIGNATURE
AP@uRa\tc-D AS TO i.E3AL
EY
-2-
THIS AGREEMENT, made this @O day of
19'b@, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a
municipal corporation, party of the first part, and J. CARR
DORMAN and MARGARET H. DORMAN, THEIR HEIRS, ASSIGNS AND
SUCCESSORS IN TITLE, parties of the second part.
W I T N E S S E T H:
That, WHEREAS, it is proposed by the parties of the
second part to construct and maintain a fence to extend from the
southeast corner of the property in an easterly direction to a
point just to the east side of the wooden bulkhead running
parallel to and within the right-of-way of Atlantic Boulevard in
the City of Virginia Beach; and
WHEREAS, in constructing and maintaining such
fence, it is necessary that the said parties of the second part
@encroach into a portion of an existing City right-of-way of
liAtlantic Boulevard; and said parties of the second part have
i@requested that the party of the first part grant a temporary
encroachment to facilitate such fence within a portion of the
@City's right-of-way of Atlantic Boulevard.
l@ i
NOW, THEREFORE, for and in consideration of the premises
liand of the benefits accruing or to accrue to the parties of the
@lsecond part and for the further consideration of One Dollar
($1.00), in hand paid, to the said party of the first part,
ireceipt of which is hereby acknowledged, the party of the first
l@part doth grant to the parties of the second part a temporary
I I
ilencroachment to use a portion of the City's right-of-way of
lAtiantic Boulevard for the purpose of constructing and
maintaining such fence.
It is expressly understood and agreed that such
I'temporary encroachment will be constructed and maintained in
accordance with the laws of the Commonwealth of Virginia and the
City of Virginia Beach, and in accordance with the City of
Virginia Beach Public Works Department's specifications and
approval as to size, alignment and location and is more
particularly described as follows, to wit:
An area of encroachment into a portion of
the City's right-of-way known as Atlantic
Boulevard, as shown on that certain plat
entitled: "PHYSICAL SURVEY & SITE PLAN
LOT 5 BLOCK 2 UBERMEER M.B. 7 P. 150
LYNNHAVEN BOROUGH VIRGINIA BEACH, VA.
SCALE 1"=30' 30 JUNE 1977," a copy of
which is attached hereto and to which
reference is made for a more particular
description.
It is further expressly understood and agreed that the
itemporary encroachment herein authorized shall terminate upon
notice by the City of Virginia Beach to the parties of the second
part, and that within thirty (30) days after such notice is
!given, such temporary encroachment shall be removed from the
City's right-of-way of Atlantic Boulevard by the parties of the
-2-
isecond part; and that the parties of the second part shall bear
d expenses of such removal.
liall costs an
It is further expressly understood and agreed that the
iparties of the second part shall indemnify and hold harmless the
iCity of Virginia Beach, its agents and employees, from and
lagainst all claims, damages, losses and expenses including
reasonable attorney's fees in case it shall be necessary to file
lor defend an action arising out of the location or existence of
lsuch temporary encroachment.
It is further expressly understood and agreed that
nothing herein contained shall be construed to enlarge such
permission and authority to permit the maintenance or
construction of any encroachment other than that specified herein
and to the limited extent specified herein, nor to permit the
maintenance and construction of any encroachment by anyone other
l@than the parties of the second part.
It is further expressly understood and agreed that the
party of the first part, upon revocation of such authority and
permission so granted, may remove any such encroachment and
@charge the cost thereof to the parties of the second part, and
collect the cost in any manner provided by law for the collection
of local or state taxes; may require the parties of the second
part to remove such temporary encroachment; and pending such
removal, the party of the first part may charge the parties of
ithe second
-3-
lpart compensation for the use of such portion of the City's
right-of-way encroached upon the equivalent of what would be the
real property tax upon the land so occupied if it were owned by
the party of the second part; and if such removal shall not be
made within the time ordered hereinabove by this Agreement, the
City shall impose a penalty in the sum of One Hundred Dollars
($100.00) per day for each and every day that such encroachment
Iis allowed to continue thereafter, and shall collect such
compensation and penalties in any manner provided by law for the
collection of local or state taxes.
CITY OF VIRGINIA BEACH
By
(SEAL) city
IATTEST:
-ty r
(SEAL)
(SEAL)
-4-
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, a Notary
Public in and for the City and State aforesaid, do hereby certify
that THOMAS H. MUEHLENBECK, City Manager, and RUTH HODGES SMITH,
City Clerk, for the CITY OF VIRGINIA BEACH, whose names as such
are signed to the foregoing Agreement have acknowledged the same
before me in my City and State aforesaid.
GIVEN under my hand this day of
19-.
Notary Public
My Commission Expires:
STATE OF,
CITY OF VIP-CikliA to-wit:
I VRlr- 0 Sr P,(,r LL- a Notary
Public in and for the City and State aforesaid, do hereby certify
that J. CARR DORMAN and MARGARET H. DORMAN whose names are signed
lito the foregoing Agreement have acknowledged the same before me
in my City and State aforesaid.
GIVEN under my hand this day of -be (I tn P, C-
1 9
o
@P'VkOVED A 0 Notary lic
@zi
My Commission Expires:
GLF/rab
12/3/85
(29)
THIS 15 TO CER-riFY THAT 1. ON 30 JUNE 1977 SURVEYEO
THE PROPERTY SHOWN ON T1415 PLAT. ANEI THAT THC TITLE NES ANU THE WALLS OF THC UUILD,
11@G5 ARE AS SHOWN ON THIS PLAT.
THE BUILDING5 5TAND STFilCTLY WiTkIIN THC TITLE LIN@FS AND THERE Af4E NO LNCRC)ACH-
ML:NTS OF OTHER OUILDINGS ON THL PROPLRTY. EXCEPT As SHOWN
k
SIGNED C.L.S.
H .@M,
4JULY 77
.0
ANTIC BOULEVARD
Line fence
@encroachem
on bulkhead
32.1'
4,6' C)
Ro.d.
4 0 5200
EF.-LS.49
0
22.4
4c)
1.5-F
22.4'
KO..l DATUM
M.3.L.-O.00'
to'
51i 00'
OCEANFRONT AVENJJE 20
PHYSICAL SURVEY ASITE PLAN
LOT 5 BLOCK 2
UBERMEER
M. 13.7 P 150
LYNNHAVEN BOROUGH
T VIRGINIA BEACH, VA.
SCALE i" 30' 30 JUNE 1977
MADE FOR MA14K HAUSER
GALLUPSURVEYING
1500 HORSESHOE CIRCLE
VIRGINIA DEACH. VIRGINIA
23451
N 7
- 45 -
Item II-L-10
CONSENT AGENDA ITEM # 24964
Upon motion by Councilwoman Creech, seconded by Councilman McCoy, City Council
APPROVED the APPOINTMENT OF VIEWERS:
Ordinance closing, vacating, and discontinuing a
portion of that certain street, known as Weber Avenue,
as shown upon that certain plat entitled, "Preliminary
plat pursuant to the closing of Weber Avenue, as shown
on plat of sheet 1, amended Subdivision of Dorchester
Village (Kempsville Borough) Virginia Beach, Virginia,
in the petition of Dorchester Village.
The Viewers are:
Robert J. Scott Director of Planning
David Grochmal Director of General Ser-vices
C. Oral Lambert, Jr. Director of Public Works
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress,
Mayor Harold Heischober, Barbara M. Henley, H. Jack
Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice-
Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
- 45a -
ORDINANCE APPOINTING VIEWERS
WHEREAS, Dorchester Village Home Association
has given due and proper notice, in accordance with the stat-
utes for such cases made and provided that they will on the
10th day of February,1986, apply to the City Council of the
City of Virginia Beach, Virginia, for the appointment of
Viewers to view the below-described property and report in
writing to the Council whether, in the opinion of said
Viewers, any, and if any, what inconvenience would result
from the discontinuance of the hereinafter described portion
of that certain street of variable width, and has filed such
application with said Council.
NOW, THEREFORE, be it ORDAINED by the Council of
the City of Virginia Beach, Virginia:
THAT C. Oral Lambert, Jr.
Robert J. Scott and
David Grochmal are hereby
appointed to view the below described property and report
in writing to the Council, as soon as possible, whether
in their opinion, any, and if any, what inconvenience
would result in the discontinuing and vacating of a portion
of that certain street of variable width located in the City
of Virginia Beach, Virginia, and more particularly described
as follows;
That certain portion of Weber Avenue to be vacated
as described below, as more fully shown on the plat
entitled "Preliminary Plat Pursuant to the closing
of Weber Avenue as shown on Sheet 1, Amended Sub-
division of Dorchester Village, Kempsville Borough,
Virginia Beach, Virginia", in Map Book at page
and more particularly described as follows, to
wit:
Beginning at a pin located on the North side of
Station Street 163.63' inore or less, from the
Northwest intersection of College Park Boulevard
and Station Street running S 62' 371 05" W 50.90',
thence running N 38' 11' 42" W 87.381 to the di-
viding line between the City of Virginia Beach and
the City of Chesapeake; thence running along said
dividing line N 130 05' 07" W 117.62' to a pin lo-
cated on the east side of Weber Road; thence running
S 38' 11' 42" E a distance of 205.08 feet to the
point of beginning
- 2 -
All the Above as shown upon that certain plat
entitled, "Preliminary Plat Pursuant to the Closing of
Weber Avenue as shown on Plat of Sheet 1, Amended Sub-
division of Dorchester Village, Kempsville 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.
IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING
A PORTION OF THAT CERTAIN STREET, KNOWN AS WEBER AVENUE,
AS SHOWN UPON THAT CERTAIN PLAT ENTITLED, "PRELIMINARY
PLAT PURSUANT TO THE CLOSING OF WEBER AVENUE, AS SHOWN
ON PLAT OF SHEET 1, AMENDED SUBDIVISION OF DORCHESTER
VILLAGE, KEMPSVILLE BOROUGH - VIRGINIA BEACH, VIRGINIA",
WHICH PLAT IS ATTACHED HERETO.
PETITION
TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA
Your Petitioner, Dorchester Village Home
ASsociation, respectfully represent 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 discon-
tinuance of a portion of that certain street, which is more
specifically described as follows:
That certain portion of Weber Avenue to be
vacated as described below, as more fully
shown on the plat entitled "Sheet 1, Amended
Subdivision of Dorchester Village, Kempsville
Borough, Virginia Beach, Virginia", in Map
Book 86 at page 10 amd more particularly des-
cribed as follows, to wit:
Beginning at a pin located on the North side
of Station Street 163.63',more or less, from
the Northwest intersection of College Park
Boulevard and Station Street, running S 62'
37- 05" W, 50.90', thence running N 38@ 11'
42" W 87.38' to the dividing line between the
City of Virginia Beach and the City of Ches-
apeake; thence running along said dividing
line N 13' 05' 07" W 117.821 to a pin located
on the east side of Weber Road; thence running
S 38@ 11' 42" E a distance of 205.08 feet to
the point of beginning
Said parcel of land being a portion of Weber Avenue,
as indicated on that certain plat entitled "Preliminary Plat
Pursuant to the Closing of Weber Avenue as shown on Amended
Subdivision of Dorchester Village, Kempsville Borough, Virginia
Beach, Virginia", which plat is attached hereto and made a
part hereof and intended to be recorded with the Ordinance
closing the aforedescribed street.
2. That no inconvenience will result to any persons
by reason of said closing, vacation, and discontinuance of
said street; and the Petitioner prays that this Honorable
Council appoint viewers as provided by law to view said
platted street proposed to be closed and to report in
writing to the Council on or before the 10th day of
March, 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 30th day of January, 1985 and
on the 6 th day of February, 1985, notice of the presenting
of this applicaticn was published in the Beacon, a news-
paper of general circulation in the City of Virginia Beach,
Virginia.
4. That the fee simple owners of all land along
and adjacent to and affected by said portion of the platted
street are your Petitioners herein, Dorchester Village Home
Owners Association.
Respectfully submitted,
DORCHESTER VILLAGE HOME
ASSOCIATION
B
Of c@el
John D. Padgett
JETT, AGELASTO, BERKLEY, FURR & PRICE
333 West Freemason Street
Norfolk, Virginia 23510
,IETT, BERKLEY, FURR U3 PRICE
ATTOP.NEYS AT LAW . . . I.TT
333 WEST FREEMA30N 3TKEET
A.I.@. I.Tl, I..
@L ADDRESS: P. 0. $OX .03@
I..AEL N,-)RFOLK, %'IRGI'N'IA 235C)l
l@TIL.'
CEP-IFICATE 01: VESTIN@, '@l- TIT'-E T.L..
John 1). Padgett
attorney for Dorchester Village Home
do hereby certify that:
1 I am an attorney at law and represent Dorchester
Village Homes Association the petitioner.
2. If the property described below is discontinued,
closed, and vacated b@, the Council of the City of Virginia Beach,
Virginia, then title to said property will vest in Dorchester
Village Home Owners the adjacent landowners.
The said property referred to herein is hereby
described as follows;
See Exhibit "All attached hereto.
oh4'D. Padge
l@F 17831
14e5T@ VI
@A P EO-n @
P7)0
lz7
pi
-TT
@L4 M i P4^Zr
@A @ TO T)4F- C,@l
\VF-E5@ AVF-.
@r,@HcNv@ oFJ f"@-r aF-
'Am@w@
@-4@sfz VI L-
@a ki @\/ I L- L-0 @@OW&14
vi @i t-I i^ 47 vi@ItAim
\,/l @, c "c"w'..-
L FioNAE5 @
LAND SURVEYOR " @M tlov- ozs/ 65
S625 PROVADENCE ROAO
VIRGINIA REACH, VA. 23464
PLAT RECORDED IN VA,
m.a- 86 pv- 10
- 46 -
Item II-L-11
CONSENT AGENDA ITEM # 24965
Upon motion by Councilwoman Creech, seconded by Councilman McCoy, City Council
APPROVED-.
RAFFLE PERMIT
Crescent Bay Pony Club
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress,
Mayor Harold Heischober, Barbara M. Henley, H. Jack
Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice-
Mayor Reba S. McClanan, J. Henry McCoy, Jr, D.D.S. and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
- 47 -
Item II-M.1
UNFINISHED BUSINESS ITEM # 24966
Howard Everton, President - Stumpy Lake Civic League, spoke in Opposition
to the Proposed Realignment of Indian River Road and Elbow Road, Adopted
by City Council on January 27, 1986.
Upon motion by Councilman Pentress, seconded by Councilman Jennings, City
Council will RECONSIDEP, on March 3, 1986:
Ordinance to AMEND the MASTER STREET AND HIGHWAY
PLAN dated December 16, 1974, pertaining to the
realignment of Ferrell parkway and Princess Anne
Road north of the Municipal Center, (realignment of
Indiau River Road and Elbow Road).
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Robert G.
Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.
and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Louis R. Jones
Februar 1 1 8
- 48 -
Item II-M.2
UNFINISHED BUSINESS ITEM # 24967
ADD-ON
Upon motion by Councilman Robert Jones, seconded by Councilman McCoy, City
Council AUTHORIZED:
The City Manager to co-ordinate with TRT, Resort
Area Advisory Commission, The Chamber of Commerce,
The Hotel/Motel Owners Association and
Restauranters for possible "OPTION D- iu the TRT
OC@ONT TELAVEL CENTER and improvement of
municipal services with Staff. Jack Whitney, Chief
of Comprehensive Planning, will report to City
Council on February 24, 1986.
Voting: 7-4
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Mayor Harold Heischober, Barbara
M. Henley, Robert G. Jones, Vice Mayor Reba S. McClanan and J.
Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
Robert E. Fentress, H. Jack Jennings, Jr. , Louis R. Jones and
Meyera E. Oberndorf
Council Members Absent:
None
- 49 -
Item II-N.1
NEW BUSINESS ITEM # 24968
Upon motion by Councilman Baum, seconded by Councilman Fentress, City
Council APPROVED:
The processing of FOXFIRE'S SUBDIVISION SITE PLAN
for water, sewer, etcetera, as normal. The need
for obtaining property to provide the required
left-turn shall be determined in the future by City
Council.
Voting: 9-2
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, H. Jack Jennings, Jr., Louis R. Jones, Robert G.
Jones, Vice Mayor Reba S. McClanan and J. Henry McCoy, Jr.,
D.D.S.
Council Members Voting Nay:
Barbara M. Henley and Meyera E. Oberndorf
Council Members Absent:
None
9a@'i
it
RO
- 50 -
Item II-N.2
NEW BUSINESS ITEM # 24969
Henry Ruiz, the City's Liaison to the Resort Area Advisory Commission,
reiterated information coucerning CAMP PENDLETON BEACH USE.
In recent years the City has been able through a nonfinancial agreement
with the Department of Military Affairs, namely Camp Pendleton to utilize
approximately 1000 lineal feet of their beach south of the chainlink fence
that segregates Croatan Beach from Camp Pendleton.
Camp Pendleton reclaimed 400 lineal feet of beach leaving approximatley 600
feet for public use. This action was provoked by the Navy's decision to
construct a chainlink fence on their northern boundary adjacent to Camp
Pendleton's southern proeprty line. This physical barrier has since
limited the Department of Military Affairs (DMA) use of the Beach to the
south, and thus the basis for reclaiming 400 feet of the original 1000 feet
previously agreed for public use.
Mr. Ruiz reiterated the various facets of this situation:
1. Subsequent use of facility will be negotiated on a yearly basis.
2. The Navy is reluctant to reconsider opening access to their
property.
3. Camp Pendleton (DMA) considers their reajusted beach frontage of
400 feet to be the minimum acceptable.
4. Full service beach faciliteis as proposed by Resort Area Advisory
Commission (concessions, restrooms, expanded parking) will be
held in abeyance indefinitely.
4. Exerted efforts through military and political channels have not
provided expanded use of this facility.
5. Within the confinement of public beach use (600 feet) surfing and
swimming will not be compatible due to the limitations of allowed
space.
Mr. Ruiz advised of tbe STAFF RECOMMENDATIONS:
1. Proceed with current agreement.
2. Re-evaluate negotiation options for succeeding years.
3. Limit beach activities within the 600 feet to surfing only.
Croatan Beach can accommodate swimmers and associated activities
most times of the season. Contractual life services could be
expanded to include this area. Existing fee parking will continue
to service bathers wbo can use Croatan Beach.
The City Manager advised a fee of $5,000 will be required for last year's
use and a $10,000 fee for 1986.
The following spoke in OPPOSITION to the reduction of the Camp Pendleton
Day Use Facility and in SUPPORT of preserving the Surfing Area:
George Disgain
Laurie Todd
Bill Frierson
John Cox
Ron Swann
Eric Coulson
Paul West
Petitions containing a "few thousand" signatures
were submitted in support of same. (Said petitions
are hereby made a part of the record).
- 51 -
Item II-N.2
NEW BUSINESS ITEM # 24969 (continued)
Upon motion by Councilman Jennings, seconded by Councilman Louis Jones,
City Council D ED:
The City Staff's recommendation to proceed with the
current agreement. The Mayor was authorized to
appoint two members of City Council to meet with
the U.S. Navy and the Department of Military
Affairs to ascertain a compromise which will not
reduce the recreation area at Camp Pendleton.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Robert G.
Jones, Louis R. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S. and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
- 52 -
Item II-N.3
NEW BUSINESS ITEM # 24961(a)
The City Manager outlined his recommendations concerning the best way to
proceed on the ATLANTIC AVENUE REVITALIZATION:
1. Adopt the Mickiewicz-Robertson report as the engineering and
phasing plan for Atlantic Avenue. The City Manager shall be
authorized to direct the Director of Public Works to proceed to
the next phase of design which will involve the minimum work
necessary to establish optimum drainage patterns, grades,
alignments, and location of utility facilities for the street
sections, with the following guidelines.
a. The design should follow the three-lane
section, with cutoffs or turnouts for
loading/unloading zones and trolley stops.
This section will accommodate two-way or
one-way traffic patterns.
b. The design phase will include authorization to
have Virginia Power, C & P Telephone, and Cox
Cable determine the most cost effective way to
bury the utility lines, or alternately, to
replace existing facilities with less
obtrusive ones.
C. In the encroachment request process, continue
to require the improvements detailed in the
Mickiewicz-Robertson report for all site work
adjacent to the project, as a condition for
approval. During site plan review of all the
other development plans, require that property
owners proffer the right-of-way improvements
in accordance with Mickiewicz-Robertson plan.
d. These steps can be funded from the
previously-approved resort streetscape
improvements project in this yearb CAPITAL
IMPROVEMENT PROGRAM. Further streetscape
improvements for Atlantic Avenue should be
funded through that project.
2. Prior to the 1986 tourist season, Atlantic Avenue would be
striped in accordance with the proposed street section width, and
include planters, bollards, special signs or other aesthetic
features to complement the traffic striping and make it more
attractive. This cost is anticipated to be approximately
$275,000.
3. Task the staff to determine alternative ways to finance this
project which strike the proper balance between public and
private resources, and which consider the support necessary from
the private sector to ensure this project can proceed.
February 10, 1986
- 53 -
Item II-N.3 ITEM # 24961 (Continued)
(a)
Upon motion by Councilwoman Oberndorf, seconded by Councilman Creech, City
Council ADOPTED:
The City Manager's recommendation to accept the
Consultant's report and authorized the City Manager
to proceed with the three-lane section design for
Atlantic Avenue, design phase and cost to replace
existing utility facilities, comply with the
Consultant's report concerning encroachments and
determine alternative ways to finance the project
for REVITALIZATION OF ATLANTIC AVENUE.
The City Manager or his Agent will confer with the interested parties in
the Hotel/Motel and Restaurant Association and advise Council of same.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, Robert G. Jones, Louis R. Jones,
Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
H. Jack Jennings, Jr.
- 54 -
Item II-N.4
NEW BUSINESS ITYEM # 24962(a)
ADD-ON
Vice Mayor McClanan introduced Richard E. Garriott, Jr., in the
Apprenticeship Program for the Virginia Beach Gifted and Talented.
Richard resides in Point-O-View and is a Junior at Bayside High School.
Richard is assisting Vice Mayor McClanan in governmental affairs.
Februar 10 1986
- 55 -
Item II-N.5
NEW BUSINESS ITEM # 24963(a)
The Mayor referenced an article appearing in the BEACON approximately a
mouth ago concering the WATER RESOURCE RECOVEP.Y FEE. This article was most
unfair and uncomplimentary to the City Manager and his Staff.
The Mayor and Council commended the City Manager and his Staff for their
endeavors and the excellent manner in which they educated the public and
presented for adoption the proposed "WATEP, RESOURCE RECOVERY FEE".
- 56 --
Item II-0.1
ADJOURNMENT ITEM # 24964(a)
Upon motion by Councilman Baum, seconded by Councilwoman Oberndorf, and BY
ACCLAMATION, City Council ADJOURNED the meeting at 6:20 P.M.
Beverly 0. Hooks
Chief Deputy City Clerk
-,Ruth Hodgeg Smith, CMC yor Harold
City Clerk
City of Virginia Beach
Virginia